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Since the Bavarian clemency regulations came into force on May 1, 2006, the attorneys general in Bavaria have been authorized to make positive clemency decisions to a certain extent.
In particular, prison sentences of up to one year can be suspended on probation, fines of up to 180 daily rates up to a total amount of 6,000 euros can be waived or court-imposed suspension periods for driving licenses and driving bans can be revoked, restricted or shortened.
On behalf of the State Ministry of Justice, the Public Prosecutors General can also reject applications for clemency which have not been approved by any body appointed to give an expert opinion and which they themselves consider to have no prospect of success. In certain cases, the Prime Minister has reserved the sole right to grant clemency, for example in the case of life sentences. Otherwise, in accordance with the principle of the primacy of the judicial decision, the clemency route may not be used to replace the appeal to the court that is possible under statutory provisions.