Section 2 Criminal Case

Chapter 2 Dismissal of a Criminal Case and Punishments

Reasons for Dismissal:

Article 71:

Criminal cases and punishments shall be dismissed or stopped for the following reasons:

3– In case of general pardon

Section 4 Cancellation of Proceedings and Enforcement of Decisions

Chapter 10 Commutation and Pardon of Punishment

Pardon

Article 348:

(1) A pardon shall be carried out by the decree of the president and based on the decree some or all of the final punishments of the convicted person shall be dismissed or shall be reduced to a lighter punishment as anticipated by the law.

(2) A pardon shall not dismiss consequential and complementary punishments and security measures and consequences of criminal charges and does not affect previously applied punishments, unless the issued pardon decree states otherwise.

Section 4 Cancellation of Proceedings and Enforcement of Decisions

Chapter 10 Commutation and Pardon of Punishment

Obstacles to Commutation and Pardon

Article 350

(1) Punishment for the convicts of the following crimes is not included in the pardon and commutation:

1– Hudud

2– Qesas

3– Diyat unless the victim does not have an inheritor

(2) Imprisonment punishment for the convict of the following crimes may not be pardoned:

1– Intentional murder

2– Kidnapping for receiving property or benefit

3– Taking hostage

4– Administrative corruption

5– Drug trafficking

6– Repetitive criminals

7– Other crimes as determined by the president

(3) Commuting the imprisonment punishment of the convicts of the crimes set forth in subparagraphs (1 and 2) of paragraph (2) of this article maybe commuted if, in murder crime, the inheritors of victim waive the convict’s punishment and, in kidnapping crime, the property or benefit obtained is returned to the victim.

(4) Commuting the punishment of convicts of the crimes set forth in paragraph (2) observing the provision of paragraph (3) of this article shall not exceed ¾ of the punishment.

Section 4 Cancellation of Proceedings and Enforcement of Decisions

Chapter 10 Commutation and Pardon of Punishment

Prohibition of Pardon and Commutation of Suspended Punishment

Article 351

Commutation and pardon of the punishments where the court has issued a verdict of suspension is not permissible.

Chapter 2 Extradition

Article Twenty Two

Pardon, reduction in punishment and other facilities

When the extradited individual is convicted [and sentenced to] imprisonment, he can benefit from pardon decrees, reduction in punishment [rules] and other [such] facilities [given] under the laws of the land. Pardon [from payment of] fines is the exception to this rule, but still can occur upon an agreement with the foreign country.

Chapter 2 Extradition

Article Twenty Five

Rejection of Extradition Request

(1) The High Council of the Supreme Court may not issue an order of extradition when:

c. The prosecution and implementation of the punishment is pardoned due to the expiration of a statute of limitation or a general pardon based on either Afghan or the requesting country’s laws.