Pardon. Scope of the right of pardon

Comment on the Supreme Court of 20 February 2013

Abstract

The Supreme Court considered that the pardon granted to a senior official of a bank by the government in 2011, is a clear overreach of executive power vested in the amnesty law of 1870, ultra vires powers which manifested itself by extending its effects some consequences in administrative, not criminal, not covered by the Act thus through the prerogative of mercy has been a government interference in the outcome of criminal proceedings to annul any impediment to exercise banking, declaring the illegality of the Royal Decree of pardon given that the Act does not authorize something different remit the penalty or punishment imposed, giving pardoned exception to the requirement of good repute laid down in RD 1245/1995, which lacks the requirement that has a criminal record.