To commute and remit sentences
# THE PRESIDENT OF THE REPUBLIC
MINDFUL of the Constitution;
MINDFUL of Law N°2016/07 of 12 July 2016 relating to the Penal Code; MINDFUL of Law N°82/14 of 26th of November 1982 to lay down the organization and functioning of the Higher Judicial Council.
# HEREBY DECREES AS FOLLOWS
Article 1: Persons whose sentences have become final as at the date of signature of this decree shall benefit from remission as follows:
- Commutation of the death sentence to life imprisonment in favor of persons initially sentenced to death;
- Commutation to 25 (fifty five) years in favor of persons initially sentenced to death and whose sentence has already been commuted to life imprisonment;
- Commutation to 25 (fifty five) years in favor of persons initially sentenced to life imprisonment that has not yet been commuted:
4Remission of five (5) years in favor of persons initially sentenced to death and whose sentence has already been commuted to a term of imprisonment; 5.Remission of five (5) years in favor of persons initially sentenced to life imprisonment that has already been commuted to a term of imprisonment above ten (10) years; 6.Remission of five (5) years in favor of persons initially sentenced to life imprisonment that has already been commuted to a term of imprisonment below or equal to ten (10) years; 7. Remission of three (3) years in a favor of persons initially sentenced to a term of imprisonment equal to or above ten (10) years:
- Remission of three (3) years in favor of persons initially sentenced to a term of imprisonment below ten (10) years but above five(5) years;
- Remission of two (2) years in favor of persons initially sentenced to a term of imprisonment below five(5) years but above three (3) years:
10.Remission of one (1) year in favor of persons initially sentenced to a term of imprisonment below or equal to three (3) years;
- Remission of one (1) year of sentence in favor of persons who have to serve a term of imprisonment below or equal to three (3) years.
Article 2: For the application of the remission provided here in above, minors within the meaning of criminal law who have been sentenced shall in addition benefit from one third of the applicable remission.
Article 3: a) The commutation provided under Article 1 (1), (2) and (3) above shall take effect from the date of signature of this Decree, the said date being the starting point for the calculation of the remaining term of imprisonment to be served.
b) In case of consecutive sentences, the provisions of Article 1 shall apply to the sentence being served on the date of signature of this Decree, and where the person is free, they shall apply to the sentence to be served first.
c) In case of concurrent sentences, remission, shall apply to the sentence to be served.
Article 4: The provisions of Article 1 of this Decree shall not apply to: