Constitutional control of the particular pardon: The right to a reasonableness petition before the authority

Abstract

The grounds for granting a specific pardon have been neglected by Chilean criminal doctrine. This has undermined the need to explain, in political and criminal terms, its origin, interpretation, and granting in accordance with the principles of security, legality, and human dignity in Chile. An examination of the grounds for the decrees leads to the conclusion that the right to petition can be a valid tool for reviewing their reasonableness before the Constitutional Court, a right that is enshrined in the Chilean Constitution and whose use is explored for these purposes initially in Chilean literature. In this context, the distinction between reasonableness and discretion allows for a constitutional response to unfounded pardons, avoiding the extinction of criminal responsibility because of a government act. Within this framework, the article questions the old doctrine that considers that government acts cannot be challenged when it comes to private pardons.