12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(1) Where under the law rehabilitation occurs after the expiry of a certain period of time,and provided the convicted person has not committed a new criminal offence (Article 98of the Criminal Code), a ruling on rehabilitation shall ex officio be issued by the authorityresponsible for keeping criminal records.(2) Before issuing a ruling on rehabilitation all necessary checks shall be performed, inparticular data shall be collected on whether criminal proceedings are in progressagainst the convicted person in connection with a new criminal offence committed beforethe expiry of the period prescribed for legal rehabilitation.Article 524(1) If the competent authority does not issue a ruling on rehabilitation, the convictedperson may request that it be established that rehabilitation has occurred by force of law.(2) If the competent authority fails to act on the convicted person’s request within thirtydays of receiving the request, the convicted person may request that the court whichissued the judgement in the first instance issue a ruling on rehabilitation.(3) The chamber referred to in Article 24 paragraph 6 of this Code shall decide on theconvicted person’s request, after taking statement from the public prosecutor.Article 525If a conditional sentence is not revoked one year after the expiry of the probation testingperiod, the court which adjudicated the case in the first instance shall issue a ruling onrehabilitation. The ruling shall be delivered to the convicted person, the public prosecutorand the authority responsible for keeping criminal records.Article 526(1) The procedure of judicial rehabilitation (Article 99 of the Criminal Code) shall beinitiated on a petition by the convicted person.(2) The petition shall be submitted to the court which adjudicated in the case in the firstinstance.(3) The judge assigned to the case shall examine whether the period prescribed by lawhas expired, and then conduct necessary inquiries, determine the facts invoked by thepetitioner and obtain evidence on all circumstances of importance for the decision.(4) The court may ask the internal affairs authority in whose territory the convictedperson stayed after serving the sentence to provide information about his conduct, andmay also seek such a report from the administration of the institution where theconvicted person served his sentence.(5) Following the inquiries, and the taking of a statement from the public prosecutor, thejudge shall deliver the file with a substantiated motion to the chamber of the court whichadjudicated the case in the first instance.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!