Chilean academic questions legality of presidential pardons

Alejandro Leiva, a law academic at Universidad Andrés Bello, has raised concerns regarding the compatibility of presidential pardons and amnesty with the principle of the separation of powers in Chile.

As the Chilean Ministry of Justice analyzes potential pardon requests, Leiva argues that allowing a political authority to intervene in the effects of a judicial sentence creates institutional tension. He contends that because the determination of criminal responsibility and the imposition of penalties belong to the courts, the power to grant pardons or amnesty undermines the independence of the judiciary.