Pardon

--- CONTENT ---
Pardon shall mean the remission, conversion, reduction or suspension of a final penalty, incidental penalty, disciplinary penalty or fine for administrative offences. Whether it also applies to measures of improvement and security is controversial. The pardon is in the general understanding of language the expression of grace in individual cases. If a group of people is pardoned, one speaks of (general) amnesty. The right to grant clemency is referred to as clemency, clemency or pardon power. The pardon may take place of its own motion or at the request, the request for clemency.

The pardon is usually the power of heads of state (in Switzerland, however, a cantonal authority or the parliament of the Federation), the individual perpetrators can remit the criminally awarded sentence. In this practice, a remnant of the monarchical prerogatives has been preserved, according to which rulers can override existing rules ("grace before right"). Abolition, on the other hand, means the cessation of an ongoing criminal proceeding and is only possible within the framework of the procedural termination reasons typed by criminal procedure.

The concept of grace implies that a condemned person has no right to mercy. The right of mercy is not justicable. The “Lord of Mercy” can decide on the request for clemency without giving reasons. Accordingly, there is no remedy against the granting or refusal of a request for clemency. Under the rule of law, however, human dignity requires a right to be heard and to examine the request for clemency.

No pardon is the legally provided suspension of the sentence or the penal rest for probation by a court.

Legal situation
In most states that know a monarchical head of state (king, prince, duke, etc.), the right of pardon is a privilege of that head of state. This is a tradition remnant of absolutist cabinet justice and sovereignty. In republics, as a rule, the President of the Republic or the corresponding organ shall replace them. An exception is Switzerland, where the parliament (of a canton or the Federation) is usually responsible for the pardon.

In many constitutions, however, this right is restricted by the fact that the countersignature of a minister is required; Sometimes the right of the head of state to clemency exempts certain offences, such as offences or misdemeanours of a minister and the like, and makes them subject to the approval of the whole government or parliament. In such cases, a pardon by the head of state could appear to favour persons directly subordinate to him. Amnesty is only possible by law in most countries.

Germany
Because the Reich Penal Code of 1871 largely adopted the Prussian Penal Code, the death penalty was reintroduced in the countries that had already abolished it. She was as St