Law No. 4454 brought not an amnesty but a conditional suspension. Art. 2 sets out the difference.
The Three-Year Probation Period
Art. 2/1: where persons to whom the provisions of Art. 1 have been applied are convicted, within three years of the date of suspension, of an intentional offence falling within the scope of Art. 1, their suspended penalties are served in full.
| Situation | Consequence |
|---|---|
| Conviction within three years of a covered intentional offence | The suspended penalty is served in full |
| If the three years pass without a further conviction | The conviction is treated as not having occurred, or no public prosecution is brought for that offence; a case already brought is ordered to be set aside |
Where Proceedings Were Suspended
The fourth paragraph of the same article: where the bringing of proceedings or their conclusion by judgment has been suspended, if the person is convicted of an intentional offence falling within the scope of Art. 1 committed within three years of the date of suspension, proceedings are brought for the suspended offence, or the suspended proceedings are continued and a judgment given.
Time Served Is Set Off
The second paragraph: the part of a previous sentence served, up to the date this Law entered into force, by a person whose execution has been suspended, is set off against the penalty to be served if the suspension is broken. The provisions on conditional release are reserved.
The 2003 Amendment: Those Whose Sentence Had Been Served
Two paragraphs were added to Art. 2 by Art. 1 of Law No. 4809 of 6/2/2003:
- Those who received a conviction for an offence within the scope of Art. 1 and whose sentence had been executed are also treated as not having been convicted, if they pass the period up to the publication of this Law without being convicted again of a covered intentional offence.
- The prohibitions on the rights of those whose conviction is treated as not having occurred under this article also lapse of themselves.
What It Means for the Press Card
Art. 8 of the Press Card Regulation requires that the applicant has not been convicted of certain offences. A conviction being "treated as not having occurred" can produce consequences for that condition; but assessing a concrete situation requires looking at the conditions for reissuing a card in Art. 38 and at the criminal records legislation.
We cover the card side in the expunged record guide and the criminal record guide.
An Amnesty or a Suspension?
| Measure | The arrangement in Law No. 4454 |
|---|---|
| Its name | Suspension - of proceedings and penalties |
| The condition | Not being convicted within three years of a covered intentional offence |
| If the condition holds | The conviction is treated as not having occurred; deprivations of rights lapse |
| If it does not | The suspended penalty is served in full |
| A sentence already served | Is set off |
Its Meaning Today
Its Place in the History of the Legislation
Law No. 4454 is the second of the arrangements directed at the weight of responsible editor liability: it repealed Law No. 4304, enacted in 1997 only for offences committed in the capacity of responsible editor, and widened the scope. We cover the line of change in press legislation in the press law timeline.
Summary
- Law No. 4454 is a conditional suspension rather than an amnesty: conviction within three years of a covered intentional offence means the suspended penalty is served in full.
- If the period passes without a further conviction the conviction is treated as not having occurred and the prohibitions on rights lapse of themselves.
- In 2003 those whose sentences had been executed were brought within the scope by Law No. 4809.