Book Three : Introduction and Application of the Code

Title Eight : Pardons, Amnesties, Re-opening of Cases

Art. 381

The right to grant a pardon in relation to convictions based on this Code or any other federal act shall be exercised :

a. by the Federal Assembly in cases in which the Criminal Chamber of the Federal Criminal Court or an administrative authority of the Confederation has passed judgment ;
b. by the pardons authority of the Canton in cases in which a cantonal authority has passed judgment.

Art. 382

1. The petition for a pardon may be filed by the offender, his legal representative or, with consent of the offender, by his defence agent, spouse or registered partner.

Art. 383

1. A pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence.

2. The pardon decree specifies the extent of the pardon.

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute