President of the Republic of the Union of Myanmar granted amnesty order according to the Article No. 401-EXPLANATION ABOUT ARTICLE 401

“The President of the Republic of the Union of Myanmar granted amnesty to 651 male and female prisoners who were serving their appropriate prison terms at respective jails in accordance with Section 401, Sub-section (1) of Code of Criminal Procedure as 5th Waning of Pyatho, 1373 Myanmar Era (13 January 2012) with the aim of ensuring stability and eternal peace of the State, fostering national reconciliations, enabling them to participate in the political process, and on humanitarian grounds and turning them into the citizens to participate through whatever way they can in the nation-building tasks by realizing the magnanimity of the State.”

It can be assumed that President himself decided to announce this amnesty order according to the Article No. 401(1) of the Code of Criminal Procedure in his own accord not concerning with the National Defence and Security Council. The Article says that “When any person has been sentenced to punishment for an offence, the President of the Union may at any time, without condition or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.”

If this amnesty was granted according to the consent of the National Defence and Security Council, it must be announced with Article No. 204 (b) of the State Constitution. Therefore, the National Defence and Security Council did not involve in this announcement. Article No. 204 (b) of the State Constitution states, “The President has: (b) the power to grant amnesty in accord with the recommendation of the National Defence and Security Council.”

Definition of 401 (Eng)-amnesty order according to the Article No. 401(1)

 

 

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