Does amnesty mean the same thing as amnesty? What s the difference?

The meaning is different, amnesty is a pardon by the national leader for a certain range of cases, and the criminal responsibility of the person under amnesty is completely eliminated, and amnesty refers to the state pardoning certain specific criminals.

The two are different. Amnesty generally refers to the meaning that the head of state or the organ of state power will pardon all criminals in a certain range, which covers a wide range of crimes, and can not only exempt from criminal punishment but also from criminal prosecution. Amnesty, on the other hand, generally exempts a specific offender from all or part of the sentence, and only exempts him from the punishment but not the crime.

Amnesty and amnesty have different meanings, although both are amnesty of criminals, the number of criminals is different between the two, amnesty is the pardon of all criminals, which is the case of all people that has not been encountered in modern society; Amnesty is the pardon of special criminals, and there are examples, and there have been examples of this.

Amnesty is a type of pardon, which refers to the system in which the head of state or the highest organ of state power grants amnesty to all criminals within a certain range. Amnesty refers to the use of administrative power to exempt a convict from serving all or part of his sentence.

1.amnesty and pardon of sins and punishments; An amnesty is only a pardon for a specific person.

2.Amnesty may exempt from the execution of criminal penalties and criminal prosecution; Amnesty can only exempt from the execution of the penalty, not from criminal prosecution.

3.Amnesty can legally extinguish the offender's crimes; Amnesty can only eliminate the punishment, not the crime.

It's not the same. The scope of amnesty is larger than that of amnesty, and amnesty is an amnesty for both the sins of the offender and the punishment of the offender. An amnesty forgives the offender's punishment, but not the offender's sin.

Legal analysis: Amnesty is a kind of amnesty, which refers to the system in which the head of state or the highest organ of state power exempts unspecified criminals from prosecution or exempts them from the execution of criminal penalties for a certain period of time. In 1954, the People's Republic of China stipulated amnesty and amnesty in its constitution, and gave the National People's Congress the power to decide on amnesty, and the power to decide on amnesty was given to the Standing Committee of the National People's Congress.

In view of the fact that the amnesty of criminals is contrary to China's criminal policy and the purpose of punishment, the amnesty of criminals in 1975 and 1978 and the current Chinese constitution only have provisions for amnesty, which indicates that China has abolished the amnesty system.

Legal basis: Constitution of the People's Republic of China

Article 67: The Standing Committee of the National People's Congress exercises the following functions and powers: (18) deciding on amnesty;

Article 80: The President of the People's Republic of China, in accordance with the decisions of the National People's Congress and the Standing Committee of the National People's Congress, promulgates laws, appoints and dismisses the premier, vice premiers, state councilors, ministers, chairmen of commissions, auditors-general and secretary-generals, confers State medals and honorary titles, issues amnesty decrees, declares a state of emergency, declares a state of war, and issues mobilization orders.

The difference between amnesty and amnesty is as follows:

1. Amnesty and amnesty are applicable to different objects, and amnesty is applicable to an unspecified number of criminals; Amnesty is only available to certain offenders;

2. Amnesty and amnesty are applied at different times, and amnesty can be implemented before or after a court decision; Amnesty can only be granted after a court decision;

3. The content of amnesty is different from that of amnesty, which refers to the use of administrative power to exempt a criminal from serving all or part of his sentence, but not to forgive the crime, that is, to pardon the sentence without forgiveness. Amnesty is a system of amnesty for all offenders within a certain range;

4. The legal consequences of amnesty and amnesty are different, and recidivism after amnesty does not constitute recidivism; If a recidivism is repeated after amnesty, it constitutes a recidivism if the conditions for recidivism are met;

5. The announcement of amnesty and amnesty is different, and the amnesty is announced; Amnesties are generally not publicized.

Legal basisArticle 80 of the Constitution of the People's Republic of China.

In accordance with the decisions of the National People's Congress and the Standing Committee of the National People's Congress, the President of the People's Republic of China promulgates laws, appoints and dismisses the Prime Minister, Vice Premiers, State Councilors, Ministers, Chairmen of Committees, Auditor General and Secretary-General, confers medals and honorary titles on the People's Republic of China, issues amnesty decrees, declares a state of emergency, declares a state of war, and issues mobilization orders.

Legal Analysis: The difference between amnesty and amnesty: amnesty pardons for crimes, and criminal amnesty only pardons the punishment of a specific person. Amnesty may exempt from the execution of criminal penalties or criminal prosecutions, and amnesty may only exempt from the execution of criminal penalties, but not from criminal prosecution.

Legal basis: "Criminal Law of the People's Republic of China" Article 65: Criminals who have been sentenced to fixed-term imprisonment or higher, and who, after the completion of the criminal punishment or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher within five years of the completion of the criminal punishment or pardon, is a recidivist and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18. The period provided for in the preceding paragraph is calculated from the date on which the parole period is completed for criminals released on parole.

Criminal Procedure Law of the People's Republic of China》 Article 16: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

1. The scope of the object is different.

In the case of amnesty, the number of offenders involved is generally greater than the number of offenders involved in amnesty.

2. The effect is different.

Amnesty forgives both the sins of the sin and the punishment of the sinner; Amnesty, on the other hand, only pardons the punishment of the offender, but not the sins of the offender.

3. The right to decide is different.

China's 1954 constitution has made provisions for amnesty and amnesty, and the decision power of amnesty is given to the National People's Congress, and the power to decide on amnesty is given to the Standing Committee of the National People's Congress.

However, later constitutions, including the current constitution, only provided for amnesty, not for amnesty. Since the Constitution does not provide for amnesty, the "pardon" referred to in articles 65 and 66 of the Criminal Code refers to amnesty. The amnesty provided for in China's current constitution shall be decided by the Standing Committee of the National People's Congress, and the amnesty order shall be issued by ****.

4. Announcements are different.

Amnesties tend to publish a list of pardonees, while amnesties generally do not publish a list of pardonees.

Amnesty is the exemption of the state from criminal punishment by criminals who meet the conditions. The amnesty only exempts the penalty, not the crime. is different from the amnesty in historical dramas, which is to exempt all criminals from punishment. In 1975, we granted amnesty to all detained war criminals.

1. Amnesty and forgiveness of sins and punishments; An amnesty is only a pardon for a specific person.

2. Amnesty may exempt the execution of criminal penalties and criminal prosecution; Amnesty can only exempt from the execution of the penalty, not from criminal prosecution.

3. Amnesty may result in the legal extinction of the offender's crimes; Amnesty can only eliminate the punishment, not the crime.

The difference between amnesty and amnesty: 1. Amnesty refers to the use of administrative power to exempt criminals from serving all or part of their sentences, but not for crimes, that is, for forgiveness of crimes without forgiveness. Amnesty is a system of amnesty for all offenders within a certain range;

2. The object of amnesty is specific; The target of the amnesty is not specified. 3. Recidivism after amnesty may constitute recidivism; After the amnesty, there is no problem of recidivism in which the perpetrator reoffends. 4. Amnesty publication list; Amnesties are generally not publicized.

Legal basis

Article 80 of the Constitution of the People's Republic of China: The President of the People's Republic of China, in accordance with the decision of the National People's Congress and the decision of the Standing Committee of the National People's Congress, promulgates laws, appoints and dismisses the premier, vice premiers, state councilors, ministers, directors of commissions, auditors-general and secretary-generals, confers state medals and honorary titles on the state, issues amnesty decrees, declares a state of emergency, declares a state of war, and issues a mobilization order.

We all know that after committing a crime, you need to accept the punishment of the state, and it can be said that there is no other way to Zheng or Jing except to obediently stay in prison for many years.

We all know that after committing a crime, you need to accept the punishment of the state, and it can be said that there is no other way than to obediently stay in prison for many years. However, there is one exception, and that is amnesty and amnesty. These two expressions appear to be two different kinds, but in fact they can be summarized into one category, that is, the measures taken by the State to exempt certain crimes or specific offenders from punishment.

At the same time, the State also stipulates that crimes that have been pardoned will not be prosecuted.

So what is the difference between an amnesty and an amnesty?

In general, the two types of amnesty, amnesty and pardon, are the general amnesty granted by the State to an unspecified number of offenders. Amnesty may be granted to all kinds of criminals in an entire country for a given period, to all criminals in a given region, or to all criminals in a particular event. This forgiveness extends to both sin and punishment, i.e., both sin and punishment.

The person who has been granted amnesty, or who has shouted caution, is no longer considered guilty of a crime, or is no longer held criminally responsible.

An amnesty is the execution of all or part of the exemption of a particular offender from his or her sentence.

The difference between amnesty and amnesty is:

The object of amnesty is generally not specified, and the object of amnesty is generally specific.

Amnesty is both a pardon for sins and a pardon for sentences, and amnesties usually only forgive sentences but not for crimes, but amnesties also provide for both sins and sentences. The relevant provisions of China's Criminal Procedure Law belong to the latter situation. Article 15, paragraph 3 of China's Criminal Procedure Law stipulates that where a criminal punishment is waived by an amnesty order, criminal responsibility shall not be pursued, and where it has already been investigated, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted.

This shows that according to the provisions of our law, an amnesty in our country can be either a pardon for both sins and sentences, or it can be a pardon for sentences but not for crimes. Recidivism after amnesty does not constitute recidivism, but recidivism after amnesty may constitute recidivism. According to the provisions of Article 65 of the Criminal Law of the People's Republic of China, a criminal who has been granted amnesty may commit another crime and may constitute a recidivist.

That's all for the lawyer, if you have any other questions you need to consult, please feel free to contact the lawyer.