PRELIMINARY TITLE
On penal guarantees and on the application of the Criminal Law

Article 4

3. The Judge or Court of Law shall likewise resort to the Government, stating whatever deemed appropriate concerning repeal or amendment of the provision, or requesting the exercise of the royal prerogative of mercy, without prejudice to the immediate execution of the sentence, when the rigorous application of the provisions of the Law requires punishment of an action or omission that, in the opinion of the Judge or Court of Law, should not the case, or when the punishment is notably excessive, in view of the harm caused by the offence and the personal circumstances of the person found guilty.

4. Should there be a petition for the royal pardon and the Judge or Court of Law has noted in a duly grounded resolution that fulfilment of the sentence might have caused a right to a process without undue delay to have been infringed, he shall suspend its execution until resolving the petition filed.
The Judge or Court of Law may also suspend execution of the sentence until resolution of the petition for the royal pardon when, if the sentence were to be executed, the royal pardon would be ineffective even if granted.

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