The Debate over Pardon and Death Penalty

Illustrated thought attacked the sovereign's right to grant pardons as much as the application of the death penalty. Nevertheless, on one hand it accepted the application of that form of punishment as a means of defending the social order of the republic. And, on the other hand, during periods of political opposition, even in the 19th century progressives defended the granting of pardons to commute death penalty. Mistrust in acts of pardon brought about their derogation during revolutionary phases, but it is very significant that their prohibition was short lived. Most likely this was due to the political benefits gained from leaving certain convictions unfulfilled. The Spanish legislature in particular, adopted a series of measures against this abuse during the progressive periods of the 19th century which were subsequently abandoned during the course of the 20th century, leading to the present day situation.