Amnesty is a public law act which removes the right to penalize criminal acts, partly or totally prevents the execution of given penalties, and sometimes dismisses the public prosecution or ignores the conviction with all its consequences. As can be understood from the definition, amnesty appears in two ways. One of them is the amnesty that removes conviction and public prosecution and the other one is the pardon that may affect only the punishment. One of the common features of amnesty and pardon is the principle of obligatoriness of amnesty. The matter of obligatoriness has given rise to discussions on whether to grant right to reject benefit from amnesty or not. These discussions have been intense in terms of especially amnesty. In the light of the Universal Declaration of Human Rights and constitutional principles the right to reject benefit from amnesty should be granted to the individual. Accordingly, the right not to accept amnesty should be included as a general provision in the criminal laws. If it is not possible, the right to reject benefit from amnesty should take place in each amnesty law. Generally a balance needs to be set between those who want for amnesty and who does not. The most important element of balance is to make the individual have an option to reject the amnesty. In this study; individual s right to reject benefit from amnesty in terms of constitutional law will also be examined from the point of view of human rights, equality before the law, fundamental rights and freedoms, personal inviolability, material and spiritual existence, right to legal remedies, right to fair trial and right to defence, protection of family, especially protection of children. Turkish amnesty laws -in which the right to reject benefit from amnesty has taken place- will also be listed.