ASPECTE DE DREPT COMPARAT REFERITOARE LA GRAȚIEREA INDIVIDUALÃ, ÎNTRE CONSTRÂNGERE CONSTITUȚIONALÃ ȘI PREROGATIVÃ DISCREȚIONARÃ A ȘEFULUI STATULUI

In this study the author analyses the individual amnesty at the level of the constitutional disposition, in the light of the compared law as a prerogative of the head of State. Covering this analysis, the author concludes that the deed of individual amnesty represents a discretionary and sovereign duty known in most cases as a prerogative of the executive body which exercises this prerogative being able to pardon, usually, without any justification, any individual, no matter the offence he/she committed, provided that he/she was finally sentenced.