التأصيل القانوني لفكرة العفو الخاص عن العقوبة وفقاً لأحكام التشريع الجزائي الأردنيّ : دراسة تحليلية نقدية للفكرة كما هي عليها الآن و كما يجب أن تكون

الملخص EN

The study examined the concept of private amnesty and its legal basis in both jurisprudence and Jordanian legislation and adopted its own concept accordingly.

The study also addressed the legal philosophy of amnesty despite the fluctuation of views between the administrative and judicial, and the legal jurisprudence of this concept.

The intensification of the dispute was manifested in two directions.

The first direction argues for granting the right of the head of state, while the second direction denies it.

The study recommends attributing this idea to the judicial authority.

The study justified this recommendation with several reasons.

The study also examined the principles and procedures to be followed in the request for pardon; it shall apply only to the original penalties.

Supplementary and consequent penalties shall not be included in amnesty unless required by law.

The study dealt with the similarities and differences between private amnesty and other legal systems.

It is concluded that the pardon whether granted by the Head of State or the judiciary does not affect the personal rights.

The study addressed several conclusions and recommendations.