Criminal procedure
In short
A pardon (indulto) is an act of clemency by which the Government forgives, in whole or in part, a sentence imposed by a final judgment. It is governed by a very old law that is still in force, the Pardon Act of 18 June 1870 (Ley de 18 de junio de 1870), amended in 1988. If granted, it extinguishes criminal liability to the extent it covers (art. 130.1.4 of the Criminal Code).
A pardon does not review whether the judgment was fair or whether you are guilty. It starts from the conviction and asks that, for reasons of justice, fairness or public interest, the sentence should not be served in full or should be served in a different way. That is why it is a separate route from appeals and comes into play once they have been exhausted.
It is an individual request. The Constitution prohibits general pardons (art. 62.i), and each application is examined case by case.
Under articles 1 and 2 of the Pardon Act, people convicted of any offence can be pardoned, with the following exceptions:
The application can be made by the convicted person, their relatives or any other person on their behalf, without needing a power of attorney (art. 19). It can also be proposed by the sentencing court, the Supreme Court or the public prosecutor (art. 20), and article 4.3 of the Criminal Code allows the judge to approach the Government when the sentence is manifestly excessive.
There are things a pardon does not cover. It does not extend to civil compensation for the victim (art. 6) or to the costs of the proceedings (art. 9). A pardon of the main penalty does not include, unless expressly stated, disqualification from public office and political rights (art. 6). It may also be granted subject to conditions, such as not causing harm to third parties, and the court will not apply it until they are met (arts. 15 to 17).
The sentencing court’s report carries a great deal of weight. Article 25 of the Pardon Act lists what it must state: your age, marital status and occupation; your merits and background; whether you have previously been convicted of another offence; the mitigating or aggravating circumstances; time spent in pre-trial detention; the part of the sentence already served; your subsequent conduct and, in particular, evidence of remorse; whether there is an injured party and whether the pardon harms third parties.
That is why simply asking is not enough. You must show with documents that the person applying for the pardon today has changed from the person who committed the offence: stable employment, family responsibilities, completed treatment, compensation paid or committed. And if you have previous convictions, it is worth checking whether your criminal record can be removed, because repeat offending is an obstacle.
The application is addressed to the Minister of Justice through the sentencing court or the prison governor, as the case may be (art. 22). What we do:
Not automatically. The general rule is that an application for a pardon does not suspend enforcement of the judgment (art. 32 of the Pardon Act). However, the Criminal Code allows the judge to suspend enforcement while the application is decided in two cases (art. 4.4 CP):
Before applying for a pardon, it is worth checking whether a suspended sentence is possible (sentences of up to two years, art. 80 CP), which is usually a more direct route. And if you are already serving your sentence, prison law offers tools such as open-prison regime (third grade), prison leave or parole.
The law provides that the sentencing court must hear the injured party before reporting (art. 24). If you are the victim or the injured party, you can state your position in the application. And remember that a pardon never extends to the civil compensation awarded to you in the judgment (art. 6). If you need to defend your rights as a victim, see our page on private prosecution.
We will not promise you an outcome: whether a pardon is granted depends on the Government and on the reports. We will, however, tell you clearly what real options you have. Every case is different; after studying yours, we will give you a personalised written quote.
When the conviction is final, that is, when no further appeal is possible. The Spanish Pardon Act excludes those who have not yet been convicted by final judgment and those who are not at the disposal of the court to serve the sentence. Repeat offenders are also excluded, unless the sentencing court finds reasons of justice, fairness or public interest.
Not on its own: the application does not suspend enforcement of the judgment (art. 32 of the Pardon Act). But the judge may suspend enforcement while it is decided if serving the sentence could infringe the right to proceedings without undue delay or if, were the sentence enforced, the pardon could become meaningless (art. 4.4 of the Criminal Code). This must be expressly requested.
No. Article 6 of the Pardon Act states that it never covers civil compensation, and article 9 also excludes legal costs. A pardon only affects the penalty. In addition, the sentencing court hears the injured party before issuing its report.
The Government, by Royal Decree published in the Official State Gazette (art. 30 of the Pardon Act). Beforehand, the sentencing court issues a report after hearing the public prosecutor, the injured party and, if the convicted person is in prison, the prison. A full pardon requires the court to find reasons of justice, fairness or public interest.
A full pardon forgives all the penalties still to be served. A partial pardon forgives some of them or part of them. Commutation replaces the penalty with a less serious one, and the law treats it as a form of partial pardon (art. 4 of the Pardon Act).
Do you need help now?
On this page
Related services
