Art. 65(2)(c) in individualcases: to pardon persons sentenced without further resources of appeal, to mitigate and commute sentences pronounced by the courts, as an act of grace to annul sentences and to grant remission from their legal consequences, and moreover to quash criminal proceedings in actions subject to prosecution ex officio
Part 2
Specific provisions
Section 5
36. Conditional release and pardon
1. (Constitutional provision) Decisions regarding the conditional release, pardon or reduction of sentence of a person sentenced by the International Criminal Court shall be taken by the International Criminal Court.
2. Should the convicted person make an application for conditional release, pardon or a reduction of sentence, it shall be submitted to the Federal Ministry of Justice for forwarding to the International Criminal Court.
3. The International Criminal Court should be informed ex-officio of any circumstances which are favourable for conditional release, pardon or a reduction of sentence.
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;