BENSON, PEREZ MATOS, ANTAKLY & WATTS
FOUNDED 1953
ATTORNEYS – CONSULTANTS
www.bpmaw.net
Caracas, March 23, 2026
EXECUTIVE REPORT
AMNESTY LAW FOR DEMOCRATIC COEXISTENCE
1. RULE
The new Amnesty Law for Democratic Coexistence, published in Extraordinary Official Gazette No. 6,990, Law of Public Order and National Reconciliation, dated February 19, 2026, represents a structural change in the Venezuelan legal framework. Unlike previous drafts, this law has a significant retroactive scope, dating back to 1999, and seeks reconciliation through the pardon of infractions committed in contexts of political conflict, subject to strict exceptions regarding human rights and corruption.
2. SCOPE OF APPLICATION
- Temporal: Covers acts occurring from January 1, 1999, until the date of the law’s publication (February 2026).
- Subjects: Venezuelan and foreign citizens who have been identified, investigated, or convicted for participating in the specific events described in the regulation.
3. CATALOG OF AMNESTIED EVENTS
The law identifies thirteen specific historical contexts of political conflict, including:
- Institutional crises of 2002 and 2004.
- Social conflicts and protests during the years 2007, 2009, 2014, 2017, and 2019.
- Actions and legislative acts of the National Assembly during the 2016-2021 period.
- Events derived from the electoral processes of 2013, 2023 (primaries), 2024, and 2025.
- Strikes and mobilizations of a business or sectoral nature occurring within the established timeframe.
4. EXCLUSIONS AND PROHIBITIONS
Following international standards, Article 9 stipulates that the following shall not benefit from the amnesty:
- Human Rights: Serious violations of human rights, crimes against humanity, and war crimes.
- Corruption: Crimes defined in the Anti-Corruption Law and embezzlement of public funds.
- Serious Common Crimes: Intentional homicide, extremely serious injuries, and drug trafficking.
- Sovereignty: Armed actions or use of force financed or instigated by foreign entities against the State.
5.IMMIDIATE LEGAL EFFECTS
- Extinguishment of Liability: Definitive closure of case files (dismissal) and cessation of the execution of penalties.
- Restitution of Rights: Full recovery of civil and political rights, including eligibility to hold public office.
- Background Records: Removal of police and judicial records linked to the amnestied events.
- Status of Persons Abroad: Application of the benefit to facilitate the safe return of citizens with open proceedings for political reasons.
6. EXECUTION AND MECHANISMS
The law mandates the courts of the Republic, the Public Prosecutor’s Office, and administrative bodies to proceed with the immediate application of the benefit, either ex officio or at the request of the interested party. The Judiciary must ensure speed in the annulment of restrictive measures on liberty or property weighing upon the beneficiaries.
After the case is identified in the respective court, a formal request for the application of the Law is submitted, detailing the specific act for which the applicant is being tried. The judge verifies that the applicant is not subject to any exclusions. The judge has 15 days to issue a decision. The effects of this decision are: 1) the dismissal of the criminal charges; 2) immediate release; 3) the expungement of criminal records; and 4) reinstatement to employment.
Final Consideration: This law represents a milestone for legal certainty in Venezuela, allowing for the regularization of the legal status of thousands of citizens and the healing of relations between the State, the citizenry, and the corporate sector.
Cordially Yours,
BENSON, PÉREZ MATOS, ANTAKLY & WATTS
Angela C. Antakly de Cabrera
All rights reserved. This document is a contribution of BENSON, PEREZ MATOS, ANTAKLY & WATTS to its clients on legal matters of their interest, aiming at counseling on the matter under discussion. It must not be construed as a specific legal opinion. The information contained herein may not be distributed without the express consent of this Law Firm.
