Book 6: Miscellaneous
Section 1: Conclusion of a Criminal Case 300-307
Article 305
If a general amnesty is called, and the proceedings and trial against the accused are stopped, the victim of the offence has the right to refer to the Civil Court.
Book 6: Miscellaneous
Section 5: Pardon by the Victim 338-341
Article 338
The court which issued a judgment, or its successor, may issue a decision to pardon a given a custodial sentence for an offence for which conciliation is possible, or not the judgment had reached the stage of final adjudication.
Article 339
A. The request for a pardon is submitted by the victim, or anybody representing him in law.
B. If the victims are numerous, a request for pardon will not be accepted unless it is on behalf of all of them.
C. If the persons convicted are numerous, a request for pardon for one or more of them does not apply to all the others.
D. The court accepts the pardon, if the offence is one for which conciliation is possible without the agreement of the court, and it the court may accept in other Circumstances.
E. The request for pardon cannot be revoked and it will not be accepted if it is linked with other conditions, or conditional itself.
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;