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  • Interpretation
  • No.283
  • Date
  • 1991/08/06
  • Issue
    • Does a pardon granted by the President have retroactive effect?
  • Holding
    •        The President’s pardon, which declares the nullity of a pronounced offense and punishment, granted in accordance with Article 40 of the Constitution and the latter part of Article 3 of the Amnesty Act does not have retroactive effect on executed punishment. The civil rights of a person that have been pronounced to be deprived shall be restored from the effective date of the pardon order.  With respect to public office lost due to a final conviction, the convicted person may apply to the competent authority requesting the disposition of this matter according to relevant laws, provided that the lost public office can be prospectively reinstated.
  • Reasoning
    •        The Constitution of the Republic of China provides in Article 40 that: “The President shall, in accordance with law, exercise the power of granting general pardons, pardons, commutation of sentences and restoration of civil rights.”  Article 3 of the Amnesty Act states that: “After a pardon is granted to a person subject to a pronouncement of offense and punishment, the execution of the punishment is waived; under special circumstances the pronouncement of offense and punishment may be deemed a nullity.” In order to maintain the stability of legal order and the existing result of the execution [of a sentence] according to the law, the pardon granted by the President in accordance with the aforesaid Article 40 of the Constitution and the latter part of Article 3 of the Amnesty Act declaring the nullity of the pronounced offense and punishment shall not have retroactive effect. However, since the pronounced offense and punishment become invalid from the effective date of the pardon order, the person pronounced to be deprived of civil rights shall recover his civil rights from that effective date.  With respect to public office lost due to a final conviction, the convicted person may apply to the competent authority requesting the disposition of this matter according to this Interpretative ruling and relevant laws, provided that the lost public office can be prospectively reinstated.
      
    • *Translated by Jennifer Lin of Tsar & Tsai Law Firm.
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