Article 130 of the Penal Code includes, among the causes of extinction of criminal responsibility, the figure of pardon, the granting of which is regulated in Law 3/1870.
This institution is a discretionary power of the Council of Ministers, which can apply it when the specific circumstances of a convicted person make it unnecessary or inadvisable to carry out the sentence imposed.
These are circumstances that the courts, which are subject to the principle of legality, cannot have and
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