＜prologue＞
I started a blog called “The Baby Boomer Generation’s Miscellaneous Blog”（Dankai-sedai no garakutatyou:団塊世代の我楽多（がらくた）帳） in July 2018, about a year before I fully retired. More than six years have passed since then, and the number of articles has increased considerably.
So, in order to make them accessible to people who don’t understand Japanese, I decided to translate my past articles into English and publish them.
It may sound a bit exaggerated, but I would like to make this my life’s work.
It should be noted that haiku and waka （Japanese short fixed form poems） are quite difficult to translate into English, so some parts are written in Japanese.
If you are interested in haiku or waka and would like to know more, please read introductory or specialized books on haiku or waka written in English.
I also write many articles about the Japanese language. I would be happy if these inspire more people to want to learn Japanese.
my blog’s URL:https://skawa68.com/
my X’s URL:団塊世代の我楽多帳（@historia49）さん / X
This year (2019), when the “Succession to the Throne” will take place, it seems that “pardons” are being considered, but is there a need for them? What is a “pardon” and how has it been done in the past? We would like to consider these issues and more.
1. consideration of “pardon” in conjunction with “succession to the throne
From the viewpoint of “not dampening the mood of national celebration,” the government is considering a “pardon” such as a “grand pardon” or a “special pardon” by suspending executions for the time being this year.
However, it is likely to be a “more restrained pardon than in the past,” such as targeting inmates with minor offenses and limiting execution to reinstatement in consideration of victims’ sentiments, because “it would be unaccountable to the victims to grant a grand pardon, special pardon, commutation, or exemption from execution for inmates in cases where there are victims.
2. what is a “pardon”?
A “pardon” is “an action of the executive power to extinguish the right to prosecute or to extinguish, in whole or in part, the effect of the imposition of a sentence by a court.”
Some are done from a “criminal policy perspective” and some from a “political perspective.”
In Japan, the “Cabinet” makes the decision and the “Emperor” certifies it.
There are five types of “pardons”: “pardon,” “special pardon,” “commutation of sentence, exemption from execution of sentence” and “reinstatement.
Grand Pardon: a sentence that is extinguished for an entire class of offenders.
Special pardon: a pardon that extinguishes the effect of the guilty verdict with respect to certain persons who have been convicted of a crime.
Reinstatement: restoration of the qualification of a person who has been disqualified or suspended as provided by law because of a guilty verdict.
3. past “amnesty” cases
During the previous emperor’s reign, some 2.5 million people were subject to the amnesty, a surprisingly large number. If this amnesty is implemented, it will be the 11th under the current constitution.
This included 267 special pardons, 77 commutations, 10 commutations of sentences, and approximately 2.5 million reinstatements.
4. problems with “amnesty
(1) Violation of the principle of separation of powers
Separation of powers” is a concept proposed by Montesquieu (1689-1755) in his book ”The Spirit of the Law. In other words, the question is whether the “executive branch” should be allowed to commute the sentence decided by the “judiciary. However, since it is stipulated in the Constitution and the law (the Pardon Law), it is legal, but it should be operated on a limited and exceptional basis as much as possible.
(2) Ease of political operation
As can be seen from the number of previous pardons, “special pardons, commutations, and exemptions from execution of sentences” are few, and “reinstatements” are the majority.
Arbitrary operation should be avoided, as pardons tend to favor politicians, such as reinstatement from suspension of civil rights for “violation of the Public Offices Election Law.”
5. Summary
It is said that “pardons” have merits such as promoting rehabilitation and correcting imbalances in sentencing due to changes in the law, etc. However, we hope that “pardons” will be implemented on a limited and exceptional basis as much as possible, avoiding arbitrary operation.