Indulto y Poder Judicial: ¿Un instrumento para la realización de la Justicia?

Abstract

Pardon is not a historical relic. Its recognition in all the constitutions of our history, warns that there is a need which is satisfied by the pardon, regardless of when it is applied. Pardon expresses the mismatch between criminal law and justice, which can only have a remedy with the granting of grace. But the admissibility of pardon requires their full compliance with the law and the principle of legality, from a restrictive and exceptional exercise, because it is an extraordinary power, because it determines an alteration of constitutional principles. And only if the Judicial Power assumes the Clemency exercise, could this one be compatible with the constitutional attribution of powers. Pardon is compatible with the rule of law, to the extent that meets the purpose that determines their existence, and when submited to the Constitution and the law. (English) [ABSTRACT FROM AUTHOR]