indulto

Indulto is a legal measure of clemency that relieves or modifies a punishment after a person has been convicted. It is typically an executive act, distinct from a new trial or an acquittal, and is meant to mitigate the impact of a criminal sentence rather than to declare innocence. The term originates from Latin and is used in many Spanish-speaking countries to describe the discretionary power to forgive, reduce, or suspend penalties.

The scope of an indulto can vary by jurisdiction, but it generally includes options such as total exoneration of the sentence, partial reduction of the term, or suspension of penalties with or without conditions. In many systems, the grant may be conditional on factors like good conduct, the payment of restitution, or the fulfillment of specific obligations. Some indultos restore civil rights or revoke certain legal disabilities associated with the conviction, while others focus solely on the criminal penalty.

Procedural aspects also differ by country. The process often involves a formal petition by the convict or their representatives, an assessment by a commission or penitentiary authorities, and a decision by the executive branch (such as the head of state or a designated minister). The decision may be subject to review or oversight, and in some places it cannot contravene mandatory constitutional or statutory prohibitions.

Indulto is distinct from amnesty, which generally applies to a group or category of offenses and erases criminal liability, whereas indulto addresses individual sentences. It is also different from conmutación de penas (sentence commutation), which reduces punishment by law, sometimes automatically, without an explicit clemency act.