First Book
General Provisions

Section Five
Dismissal of Crimes and Punishments

CHAPTER TWO
Detailed Provisions

Section Two
General and Special Amnesty

First. General Amnesty

Article 170 :

(1) General amnesty is proclaimed by the law and as its effect the claim is cancelled and the verdict convicting the criminal is nullified. General amnesty dismisses all principal, consequential and complementary punishments and security measures, and does not affect previous enforced punishments, provided the amnesty law has (not) stipulated the contrary.

(2) If the general amnesty law covers one of the, punishments of the convict, it is considered as special amnesty and the provisions of special annesty apply to it.

(3) General amnesty does not interfer with the rights of others.

Second. Special amnesty

Article 171 :

(1) Special amnesty is proclaimed by presidential decree and dismisses all or part of the final punishment to which the convict has been sentenced, or it amends the punishment to a lighter punishment which has been anticipated in the law.

(2) Special amnesty cannot dismiss consequential, complementary and other consequences of punishments and security measures. Likewise, it cannot affect previously implemented punishments, unless the amnesty decree stipulates the contrary.

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;