What is a presidential pardon?

Grace should not be confused with amnesty.

Unlike amnesty, presidential pardon:

• N not the erasure of the conviction on the criminal record
• Concerned one person
• And is decided by the President of the Republic (and not by the French Parliament).

A convicted person has the possibility to apply for a presidential pardon, regardless of age, criminal record or stage of execution of sentence (unless the sentence has been fully executed).

Pardon is possible regardless of the criminal sanction imposed (custodial sentence, penalty restricting freedomfines, etc.).

However, presidential pardon is granted under certain conditions strict conditions (for example, the convict must prove that he made a very significant effort to compensate the victim).

The request for presidential pardon must be made by the convicted himself or by its relatives (parents, heirsfriends, etc.).

It must be made in writing.

It is necessary to transmit it to the President of the Republic or to the Directorate of Criminal Affairs and Pardons (DACG) which is attached to the Ministry of Justice.

The Directorate of Criminal Affairs and Pardons (DACG) is responsible for processing the application. It collects all the information and opinions enabling it to determine whether the application can be accepted or not.

The investigation of the case is completely secret: the convicted person (or the person making the request on his behalf) is not informed of the progress of the procedure. He is not summoned before the DACG.

If the DACG considers that the application can be accepted, it shall forward the file to the President of the Republic. He makes the final decision.

If the decision is favorable, a pardon decree is adopted. It is signed by the President of the Republic and countersigned by the Prime Minister, the Minister of Justice and the Minister(s) who studied the file.

The decree of grace is notified the convicted person and/or the person who made the request.

This decree cannot not be challenged.

The presidential pardon exempts the convicted person from the part of the sentence for which it is granted. It may be all or part of the sentence.

Pardon can also be used to replace the original sentence with a lighter sentence (e.g. life imprisonment to a temporary sentence).

However, whether total or partial, pardon does not not the sentenced person to compensate the victim in order to repair the harm which was caused to him.

In additioneven if the convicted person is granted a presidential pardon, the conviction:

• Rest listed on his criminal record. However, the presidential pardon is the starting point for the time to obtain a legal rehabilitation or to apply for judicial rehabilitation.
• Maybe consideration to determine whether the convicted person is in a recurrence, if he commits a new infringement
• Can prevent the convicted person to benefit from a sentence with a stay, if he commits a new offense.