Posted On 19 May 2017
In 10 years in office, Correa has pardoned 43 convicted, but only one for embezzlement. The presidential decision to pardon a convict for embezzlement, which is a crime of public administration, sets a controversial precedent in this type of pardon that previously was limited for humanitarian reasons.
Legal experts and professors Joffre Campaña, Felipe Mantilla, Iván Castro Patiño, Tito Quintero and Andrés Ortiz, agree that Section 147 of the Constitution grants the president the power to grant pardons, according to a law that does not set limits, in contravention of Section 120 of the same Political Charter of the State, which grants that power to the Legislature, but under the condition of humanitarian nature. Those sentenced for crimes against the public administration and against humanity shall not be pardoned.
Political analyst Andrés Ortiz, assures that the pardon to Antonio Buñay is completely legal, but it is necessary to take into account that this does not extinguish the integral reparation to the victim, reason why the return of the money to the State must be fulfilled (I).