Pardon Law of 1870
Act of 18 June 1870 laying down rules for the exercise of the prerogative of pardon. Full consolidated text with a practical guide: types of pardon, who may apply, procedure and effects.
32 articles and one additional provision · BOE-A-1870-4759
A pardon (indulto) is an act of clemency by which the Government forgives, in whole or in part, the sentence imposed by a final judgment. It is one of the grounds for extinguishing criminal liability listed in article 130 of the Criminal Code, and it is rooted in article 62(i) of the Constitution, which entrusts its exercise to the King «in accordance with the law» and bans general pardons. That law is, still today, the Act of 18 June 1870, one of the oldest statutes in force.
Despite its age, the Act is short and remarkably practical: in just over thirty articles it governs who may be pardoned (Chapter I), the types and effects of the pardon —full, partial and commutation— (Chapter II) and the procedure for requesting and granting it (Chapter III). It has been amended three times: by the Royal Decree-Law of 6 September 1927, by Law 1/1988 of 14 January —which modernised the procedure— and by Organic Law 1/2015, which added the Government’s duty to report twice a year to Parliament on pardons granted and refused.
On this page you will find the full consolidated text of the Act as published by the Official State Gazette (BOE), together with a practical guide to its key points. And one warning worth reading first: a pardon forgives the sentence, but it does not erase the criminal record, whose expungement follows the separate route of article 136 of the Criminal Code.
Types of pardon: full, partial and commutation
Full pardon
Remission of every sentence still to be served (art. 4). It is exceptional: it is only granted where the sentencing court finds reasons of justice, equity or public interest (art. 11).
Partial pardon
Remission of one of the sentences imposed, or of part of them (art. 4). It is the general rule where the conditions for a full pardon are not met (art. 12).
Commutation
Substitution of the sentence for a less serious one; the Act treats it as a form of partial pardon and gives it preference (arts. 4 and 12). It lapses if the person voluntarily stops serving the substituted sentence (art. 14).
Who may apply and who may be pardoned
Who may request it
- The convicted person, their relatives or anyone acting on their behalf, no written power of attorney needed (art. 19).
- The sentencing court, the Supreme Court or the Public Prosecutor, by way of proposal (art. 20); this is the route the Criminal Code provides where the court finds the penalty clearly excessive (art. 4.3 CP).
- The Government, which may open the file of its own motion (art. 21).
Conditions on the convicted person
- Persons convicted of any type of offence may be pardoned, for all or part of the sentence (art. 1).
- A final conviction is required: defendants not yet convicted cannot be pardoned (art. 2.1).
- The person must be at the disposal of the sentencing court to serve the sentence (art. 2.2).
- Repeat offenders may only be pardoned where the court finds sufficient reasons of justice, equity or public interest (art. 2.3).
How the pardon file is processed
- 1
Application
The application is addressed to the Ministry of Justice through the sentencing court or the facility where the sentence is being served (art. 22). Applications filed directly with the Ministry are likewise referred to the sentencing court for its report (art. 23).
- 2
Reports
The sentencing court requests a conduct report from the prison and hears the Public Prosecutor and the victim, if any (art. 24).
- 3
Report of the sentencing court
This is the core of the file: it covers the person’s background, the portion of the sentence served, time spent on remand, conduct after the conviction and evidence of remorse, and ends with an opinion on whether the pardon is just or advisable (art. 25). It is sent to the Ministry with the criminal-record sheet and a certified copy of the judgment (art. 26).
- 4
Decision and publication
The Government decides. A pardon is formalised in a Royal Decree published in the Official State Gazette (art. 30). Certain files are handled on a priority basis (art. 28).
- 5
Application of the pardon
Applying the pardon is always for the sentencing court (art. 31), which first checks that any conditions imposed have been met (art. 17). Once granted, the pardon is irrevocable under its own terms (art. 18).
Important: the application does not suspend enforcement of the sentence (art. 32). However, the court may suspend enforcement while the petition is decided in the situations of article 4.4 of the Criminal Code.
Effects and limits of the pardon
- It extinguishes the forgiven sentence: it is one of the grounds for ending criminal liability (art. 130.1.4 CP).
- It never covers the civil compensation owed to the victim (art. 6) or the court costs (art. 9).
- Ancillary penalties of disqualification from public office and political rights are only covered if the grant expressly mentions them (art. 6).
- For fines, it releases what is outstanding but does not refund what has already been paid, unless expressly stated (art. 8).
- Every pardon has implied conditions: it must not harm third parties, and the victim must have been heard in offences prosecuted only at the victim’s request (art. 15); further conditions may be attached (art. 16).
- It is irrevocable under the terms on which it was granted (art. 18) and void if it fails to mention at least the principal penalty it covers (art. 5).
A pardon does not expunge the criminal record
This is the most common misconception: the pardon forgives the outstanding sentence, but the conviction remains registered in the Central Register of Convicted Persons. The record only disappears through the expungement route of article 136 of the Criminal Code, whose waiting periods —from six months to ten years depending on the severity of the penalty— run from the date the sentence is extinguished. Pardon and expungement are therefore two separate, successive procedures.
Full consolidated text of the Pardon Act
Consolidated text as published by the Official State Gazette (last updated on 31 March 2015), translated into English for reference. It incorporates the corrigendum published in the Gaceta de Madrid of 26 June 1870 and the 1927, 1988 and 2015 amendments, flagged in the notes under each article. Spanish is the sole authentic language; the official BOE source is linked at the end of this section.
Chapter I — Who may be pardoned
Article 1
Convicted persons of any type of offence may be pardoned, in accordance with the provisions of this Act, of all or part of the sentence they had incurred.
Article 2
The following are excepted from the provision of the preceding article:
1. Persons under criminal prosecution who have not yet been convicted by a final judgment.
2. Those who are not available to the sentencing court for enforcement of the sentence.
3. Repeat offenders of the same or any other offence for which they have been convicted by a final judgment. This exception does not apply, however, where the sentencing court considers there are sufficient grounds of justice, equity or public interest to grant the pardon.
Point 3 amended by art. 3.6 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 3
The provision of the preceding article shall not apply to persons sentenced for offences under Chapter I, the first and second sections of Chapter II, and Chapters III, IV and V, all of Title II of Book II of the Criminal Code.
Amended by art. 2 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874. Drafted in accordance with the correction of errors published in the Gaceta de Madrid no. 177, of 26/06/1870. Ref. BOE-A-1870-4837.
Chapter II — Types and effects of the pardon
Article 4
A pardon may be total or partial.
A total pardon is the remission of all sentences to which the offender had been sentenced and had not yet served.
A partial pardon is the remission of one or some of the sentences imposed, or of part of all those incurred and not yet served by the offender.
The commutation of the sentence or sentences imposed on the offender to less severe ones shall also be deemed a partial pardon.
Article 5
A pardon shall be null and void, and shall not be enforced by the court responsible for granting it, where it fails to make express mention, at least, of the principal sentence to which the pardon relates.
Article 6
A pardon of the principal sentence shall carry with it that of the accessory sentences imposed together with it on the convicted person, with the exception of disqualification from public office and political rights and subjection to police supervision, which shall not be deemed included unless expressly mentioned in the grant.
Nor shall civil compensation ever be included in it.
Article 7
A pardon of accessory sentences may be granted excluding the principal sentences, and vice versa, except for those which are inseparable by their nature and effects.
Article 8
A pardon of a pecuniary penalty shall release the pardoned person from payment of the amount not yet paid, but shall not entail the return of any amount already paid, unless expressly so provided.
Article 9
A pardon shall not extend to court costs.
Amended by art. 2 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 10
If the convicted person has died at the time when, or after, sufficient grounds existed for granting their pardon, their heirs may be relieved of the accessory fine, in accordance with the provisions of articles 8 and 9.
Article 11
A total pardon shall be granted to convicted persons only where there are grounds of justice, equity or public benefit in their favour, in the judgment of the sentencing court.
Amended by art. 3.7 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 12
In all other cases only a partial pardon shall be granted, preferably by commuting the sentence imposed to a less severe one within the same graduated scale.
Notwithstanding the foregoing paragraph, the sentence may also be commuted to one of a different scale where there are sufficient grounds for doing so, in the judgment of the sentencing court or the Council of State, and provided the convicted person also agrees to the commutation.
Article 13
Once the principal sentence has been commuted, the accessory sentences shall also be deemed commuted to those corresponding, under the provisions of the Code, to the sentence the pardoned person is to serve.
This is subject to any exception where the grant of the pardon has provided otherwise.
Article 14
The commutation of the sentence shall cease to have effect from the day on which the pardoned person, for any reason attributable to their own will, ceases to serve the sentence to which they had become subject by virtue of the commutation.
Article 15
Every pardon shall be subject to the following tacit conditions:
1. That it does not cause harm to a third party, or infringe their rights.
2. That the injured party has been heard, where the offence for which the offender was convicted is one that is prosecuted only at the request of a party.
The final clause was repealed by art. 3.4 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874. Amended by the sole article of Royal Decree-Law 1526/1927, of 6 September. Ref. BOE-A-1927-8592.
Article 16
In granting the pardon, such other conditions as justice, equity or public benefit may advise may also be imposed on the convicted person.
Article 17
The sentencing court shall not give effect to any grant of pardon whose conditions have not been previously fulfilled by the convicted person, save for those which by their nature do not allow it.
Article 18
The grant of a pardon is by its nature irrevocable, in accordance with the terms under which it was granted.
Chapter III — Procedure for requesting and granting the pardon
Article 19
A pardon may be requested by convicted persons, their relatives, or any other person on their behalf, without the need for a written power of attorney evidencing their representation.
Article 20
The sentencing court, the Supreme Court, or the Public Prosecutor attached to either, may also propose a pardon, in accordance with the provisions of the third paragraph of article 2 of the Criminal Code, and as further provided in the laws of criminal procedure and cassation.
The proposal shall remain confidential until the Minister of Justice, having reviewed it, orders the opening of the corresponding file.
Second paragraph amended by art. 3.1 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 21
The Government may also order the opening of the corresponding file, in accordance with the provisions of this Act, for the granting of pardons that have not been requested by private individuals nor proposed by the courts of justice.
Article 22
Applications for pardon shall be addressed to the Minister of Justice through the sentencing court, the head of the establishment, or the provincial governor in which the convicted person is serving their sentence, as the case may be.
Amended by art. 3.1 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 23
Applications for pardon, including those submitted directly to the Minister of Justice, shall be referred to the sentencing court for a report.
Amended by art. 3.1 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 24
The sentencing court shall in turn request a report on the conduct of the convicted person from the head of the establishment where they are serving their sentence, or from the provincial governor of their place of residence if the sentence does not consist of deprivation of liberty, and shall then hear the Public Prosecutor and the injured party, if any.
Amended by art. 3.2 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 25
The sentencing court shall record in its report, where possible, the age, status and profession of the convicted person, their means if known, their merits and record, whether the convicted person had previously been prosecuted and convicted for another offence, and whether they served the sentence imposed or were pardoned from it, for what reason and in what manner, the aggravating or mitigating circumstances present in the commission of the offence, the period of pre-trial detention served during the proceedings, the part of the sentence already served, their conduct since the judgment became final, and in particular any evidence or indications of remorse observed, whether there is an injured party or not, and whether the pardon prejudices the rights of a third party, together with any other information that may serve to better clarify the facts, concluding with its opinion on the justice, appropriateness and manner of granting the pardon.
Article 26
The sentencing court shall send to the Minister of Justice, together with its report, the criminal record sheet and a certified copy of the final judgment against the convicted person, along with any other documents it considers necessary to substantiate the facts.
Amended by art. 3.1 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 27
The Supreme Court or the sentencing court which, of its own motion, proposes a pardon of a convicted person to the Government, shall enclose with the proposal, from the outset, the report and documents referred to in the preceding articles.
Article 28
Files opened under the second paragraph of article 2 of the Criminal Code shall be processed as a matter of priority where the reports of the Public Prosecutor, the prison establishment and, where applicable, the injured party do not oppose the proposal of the court.
Files classified as of special urgency or importance shall likewise be processed as a matter of priority.
Amended by art. 1 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 29
Notwithstanding the provisions of the preceding articles, the commutation of the death penalty and of the sentences imposed for offences under Chapters 1 and 2, Title 2, Book 2, and Chapters 1, 2 and 3, Title 3 of the same Book of the recently reformed Criminal Code, may be granted without first hearing the sentencing court.
Amended by art. 3.8 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874. Drafted in accordance with the correction of errors published in the Gaceta de Madrid no. 177, of 26/06/1870. Ref. BOE-A-1870-4837.
Article 30
The granting of pardons, of whatever kind, shall be made by Royal Decree, to be published in the «Official State Gazette».
Amended by art. 3.3 of Act 1/1988, of 14 January. Ref. BOE-A-1988-874.
Article 31
The implementation of the pardon must invariably be entrusted to the sentencing court.
Article 32
An application for, or proposal of, a pardon shall not suspend enforcement of the final judgment, except where the sentence imposed is the death penalty, which shall not be carried out until the Government has acknowledged receipt of the application or proposal to the sentencing court.
Additional provision
Additional provision
The Government shall submit to the Congress of Deputies, every six months, a report on the granting and refusal of pardons. In order to present the data contained in that report, and following its review, a senior official of the Ministry of Justice shall request to appear before the Justice Committee of the Congress of Deputies.
Added by final provision 1 of Organic Law 1/2015, of 30 March. Ref. BOE-A-2015-3439#dfprimera.
Frequently asked questions about pardons
Does a pardon erase the criminal record?
No. A pardon extinguishes all or part of the outstanding sentence (art. 130.1.4 CP), but the conviction remains registered in the Central Register of Convicted Persons. Expungement of the criminal record is a separate procedure governed by article 136 CP, whose waiting periods run from the extinction of the sentence.
Who grants the pardon and how is it formalised?
The Government. The application is processed through the Ministry of Justice (art. 22 of the 1870 Act) and the pardon is granted by Royal Decree published in the Official State Gazette (art. 30). The sentencing court is then in charge of applying it (art. 31).
Does applying for a pardon suspend the sentence?
As a general rule, no: the application or proposal does not suspend enforcement of the sentence (art. 32 of the 1870 Act). However, the court may suspend enforcement while the petition is decided in the situations of article 4.4 of the Criminal Code, for instance where serving the sentence would render the pardon pointless.
Who can apply for a pardon?
The convicted person, their relatives or any other person acting on their behalf, with no written power of attorney required (art. 19). The sentencing court, the Supreme Court or the Public Prosecutor may also propose it (art. 20), and the Government may open the file of its own motion (art. 21).
Can someone be pardoned before the conviction is final?
No. The Act excludes defendants who have not yet been convicted by a final judgment and those who are not at the disposal of the sentencing court to serve the sentence (art. 2). Repeat offenders may only be pardoned if the court finds sufficient reasons of justice, equity or public interest.
Does the pardon cover civil liability and court costs?
No. The pardon never includes the civil compensation owed to the victim (art. 6) and does not extend to court costs (art. 9). For fines, it releases the person from paying what is outstanding, but amounts already paid are not refunded unless expressly stated (art. 8).
Related content
Source: Official State Gazette (BOE). Current consolidated text of the Act of 18 June 1870. Informational content for general guidance only; applying it to a specific case requires a lawyer’s analysis. BOE-A-1870-4759
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