II. Pardons on equitable grounds for misdemeanours
Granting pardons on equitable grounds – depending on when the misdemeanour was committed – is governed by the following legislative rules:
Misdemeanours committed before 15th April 2012
The stipulations of Act LXIX of 1999 on the Violation of Administrative Rules will be applicable for all offences committed before 15th April 2012.
The President of the Republic may only exercise the right to decide on equitable grounds if the court sentenced the perpetrator to incarceration. If the incarceration is the result of a conversion of a fine, then the petition for a decision on equitable grounds for misdemeanours in the competence of local governments will remain with the competent territorial state administration organ, whereas if any other authority ruled on the case then the supervising Minister and if the authority is not supervised by a Minister then the director of the central authority will have the right to decide.
Misdemeanours committed after 15th April 2012
The provisions of Act II of 2012 on the Violation of Administrative Rules, Procedures and Registry System will have to be applied for all offences committed after the entry into force of the legislation on 15th April 2012. Paragraph (4) of § 147 of the aforementioned law provides that if the perpetrator was sentenced to incarceration, community work or a fine – but excluding the case when a fine is turned into detention - the President of the Republic may exercise the right to review the sentence on equitable grounds.
This right may only be exercised by the President if the sentence or the administrative measure was handed down by a court. Remission or commutation of an administrative measure handed down by an authority dealing with administrative offences will be the responsibility of the Minister of Interior.
Submitting a petition for a decision on equitable grounds
Petitions for a decision on equitable grounds have to be submitted to the court that passed the sentence in merit, which will in turn forward this petition, along with the case files to the Minister of Interior.
The Minister of Interior will forward the petition for a decision on equitable grounds to the President of the Republic; the rules for decision making are identical to the ones discussed in conjunction with criminal cases.
Notification on the decision
Notification of the decision made on equitable grounds will be delivered to the petitioner (to the accused as well, if the petitioner is not the accused) by the court who ruled on the case.
The Office of the President of the Republic will not be available by telephone or in writing to provide information on any cases concerning pardons or equitable decisions, and will not be available to discuss the content of pardons warrants prior to notification.