The General Part

Title VII
Causes that remove penalty execution

Effects of pardon

Art.145– (1) Pardon totally or partially cancels the execution of the penalty or commutes this penalty with a lighter one.

(2) Pardon does not affect complementary penalties, except if the court decides otherwise in the pardon act.

(3) Pardon does no affect security and educatory measures, except when it is ordained otherwise in the pardon act.

(4) Pardon has effect also upon penalties that are conditionally suspended. In such case, the part of the rehabilitation term that represents the duration of the penalty pronounced by the court will be reduced accordingly. If the suspension of the execution is revoked or annulled, it will be executed only the part of the penalty which has been not pardoned.

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