criminal-law
Are there any countries where ex post facto amnesty laws are a thing?
<p>laws that decriminalise acts and sentences that also retroactively free or reduce the sentances of convicts who commited various offences prior to the decriminalisation / sentance reduction</p>

<p><a href="https://www.cambridge.org/core/books/abs/commentary-on-the-international-covenant-on-civil-and-political-rights/article-15-retroactive-criminal-law/D8E5723F3C92C7B12ACE66C7ED606DF4" rel="nofollow noreferrer">Article 15</a> of the <a href="https://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights" rel="nofollow noreferrer">International Covenant on Civil and Political Rights</a>:</p>
<blockquote>
<p>prohibits the retroactive application of criminal law, both in
relation to criminal conviction (Article 15(1), first sentence) and
greater severity of any sentence (second sentence). <strong>It also requires
a more lenient penalty to be applied if one is introduced after the
offence was committed</strong> (third sentence). Article 15(2) preserves the
legitimacy of the trial and punishment of crimes ‘according to the
general principles of law recognized by the community of nations’,
prompted by concerns that the post-Second World War prosecution of war
crimes may otherwise be called into question.</p>
</blockquote>
<p>But, as Wikipedia in the link above explains, this only &quot;requires the imposition of the lesser penalty where criminal sentences have changed between the offence and conviction.&quot;</p>
<p>Many countries have adopted it, but some have adopted it only with reservations. The United States, for example, has specifically reserved and not assented to those provisions of Article 15:</p>
<blockquote>
<p>The United States has made reservations that none of the articles
should restrict the right of free speech and association; that the US
government may impose capital punishment on any person other than a
pregnant woman, including persons below the age of 18; that &quot;cruel,
inhuman and degrading treatment or punishment&quot; refers to those
treatments or punishments prohibited by one or more of the fifth,
eighth, and fourteenth amendments to the US Constitution; <strong>that the
third clause of Paragraph 1, Article 15 will not apply</strong>; and that,
notwithstanding paragraphs 2(b) and 3 of Article 10 and paragraph 4 of
Article 14, the US government may treat juveniles as adults, and
accept volunteers to the military prior to the age of 18. The United
States also submitted five &quot;understandings&quot;, and four &quot;declarations&quot;.</p>
</blockquote>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="canada-container">canada</a></p>
<p>Canada has <em>An Act to provide no-cost, expedited record suspensions for simple possession of cannabis</em> (<a href="https://www.publicsafety.gc.ca/cnt/trnsprnc/brfng-mtrls/prlmntry-bndrs/20201201/001/index-en.aspx" rel="nofollow noreferrer">described here</a>).</p>
<p>It also has the <em>Expungement of Historically Unjust Convictions Act</em> (<a href="https://www.canada.ca/en/parole-board/services/expungements/expungement.html" rel="nofollow noreferrer">described here</a>).</p>
<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" aria-label="show questions tagged &#39;united-states&#39;" rel="tag" aria-labelledby="united-states-container">united-states</a></p>
<p>Statutes can retroactively reduce sentences and allow for those in custody to seek resentencing. See e.g. <em><a href="https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf" rel="nofollow noreferrer">Terry v. United States</a></em> (2021) (relating to the Fair Sentencing Act of 2010 and the First Step Act of 2018).</p>

<h2><a href="https://en.wikipedia.org/wiki/Amnesty_Act" rel="nofollow noreferrer">The Amnesty Act of 1872</a></h2>
<p>The USA was embroiled in a civil war with separatists. The very act of fighting against the USA was illegal, people were convicted and ineligible for office due to being part of the confederate army. But in 1872, all people who fought and had been made ineglible were forgiven.</p>

<p><a href="/questions/tagged/france" class="post-tag" title="show questions tagged &#39;france&#39;" aria-label="show questions tagged &#39;france&#39;" rel="tag" aria-labelledby="tag-france-tooltip-container">france</a></p>
<p>Article 34 of the <a href="https://www.conseil-constitutionnel.fr/sites/default/files/as/root/bank_mm/anglais/constiution_anglais_oct2009.pdf" rel="nofollow noreferrer">Constitution of France as currently in force</a> (<a href="https://www.conseil-constitutionnel.fr/le-bloc-de-constitutionnalite/texte-integral-de-la-constitution-du-4-octobre-1958-en-vigueur" rel="nofollow noreferrer">French text</a>) expressly provides:</p>
<blockquote>
<p>Statutes shall determine the rules concerning:
...</p>
<ul>
<li>the determination of serious crimes and other major offences and the penalties they carry; criminal procedure; <strong>amnesty</strong>; ...</li>
</ul>
</blockquote>
<p>The provision has been used at least 10 times (<a href="https://fr.wikipedia.org/wiki/Amnistie_en_France#Cinqui%C3%A8me_R%C3%A9publique" rel="nofollow noreferrer">partial list on the French version of Wikipedia</a>) since the Constitution was enacted in 1958.</p>
