When a person is convicted of a crime under the Criminal Code, the consequences do not end with serving the sentence. The institution of rehabilitation aims to erase the conviction so that the convicted person can enjoy all the rights enjoyed by unconvicted citizens.
Convictions that have entered into force can be a serious obstacle to starting work. Some employers want to familiarize themselves with the contents of the criminal record of their future employee, and in some cases, when applying for a specific position, a clean criminal record is mandatory. This procedure is not widely covered in the media, which is why its specifics are largely unknown to the public.
Therefore, it is advisable to use specialized legal assistance in the field of criminal law.
Essence of rehabilitation
This legal institution can be used by all persons convicted of crimes under the Criminal Code, if they meet the conditions for this. The legislator has provided that the heirs of the convicted person may also request rehabilitation after his death, if he had the right to do so. The only persons who cannot take advantage of this legal opportunity, regardless of the period of time that has elapsed, are those who have committed a crime against peace or humanity.
The law regulates two types of rehabilitation – by law and by judicial order. In the first type, the erasure of the consequences of the conviction occurs without the need for additional actions, if the convicted person meets the legal conditions. In the second case, it is necessary to initiate legal proceedings before the court of first instance that issued the sentence.
Rehabilitation not only restores the position of the convicted person before the conviction, but also helps to restore his legal and social status. This is a manifestation of the purpose of the punishment imposed by the sentence – to correct and re-educate the perpetrator of the crime, as well as to have a deterrent effect on him and deprive him of the opportunity to commit a new crime. The reintegration of the criminal as a full member of society is of utmost importance, since this is one of the ways to counteract crime.
Rehabilitation by law
The legislator has regulated this type of rehabilitation in Art. 86 of the Criminal Code. To erase the consequences of the conviction in this way, an explicit judicial act is not required, but only the prerequisites provided for in the law must have occurred. The same can occur only in the following exhaustively specified cases:
When the person is sentenced conditionally, if during the probationary period he has not committed another crime, therefore he should serve the suspended sentence;
When sentenced to imprisonment for up to three years or probation, if within three years of the expiration of the term of the sentence imposed or reduced by work or pardon, no other crime punishable by imprisonment or a more severe punishment has been committed;
When sentenced jointly or separately to a fine, public reprimand or deprivation of rights, if within one year of serving the sentence he has not committed another crime of a general nature, and
When sentenced as a minor, if within two years of serving the sentence he has not committed another crime of a general nature for which he has been sentenced to imprisonment.
Persons who have committed a crime as an adult, after having already been legally rehabilitated, cannot use this legal opportunity again.
Rehabilitation by court order
If the convicted person cannot benefit from rehabilitation by law, the legislator has provided that this can be done by court order. For this purpose, the Code of Criminal Procedure provides for special court proceedings, which are initiated at the request of the person wishing to be rehabilitated. The application is submitted to the court of first instance that issued the sentence, and if the person has several convictions, the court that imposed the most severe punishment is competent, and if the sanctions are equally severe – the court that issued the last sentence.
The convicted person must, within three years of the expiration of the term of the sentence imposed or the sentence reduced by work or pardon, not have committed another crime punishable by imprisonment or another more severe punishment and have had good behavior and, if in the case of an intentional crime, have repaid the damages caused.
The application is considered in a court session with the participation of the applicant and a prosecutor, and the court issues a ruling, which may be appealed and/or protested within seven days by the convicted person and the representative of the public prosecution. If the second instance confirms the first instance act, a new request for rehabilitation in this order may be submitted no earlier than one year from the date of the ruling.
Specifics of a suspended sentence and statute of limitations
Article 88a of the Criminal Code regulates the so-called “Absolute rehabilitation”
