(1) Rehabilitation is a measure which, unless otherwise provided by law, expunges a conviction for felony or misdemeanour. It puts an end to any accessory penalty and to any preventive measure except to confinement in a health institution and closure of an establishment.
(2) Where a person has been convicted more than once, rehabilitation shall apply to all the convictions.
(3) Rehabilitation shall be as of right or by court judgment.
(4) a) In order to be rehabilitated, an offender shall show proof of payment of all costs and damages or of any reduction thereof granted him.
Otherwise, he shall prove that he served an imprisonment term in default of payment.
b) Where he is convicted of fraudulent bankruptcy, he shall prove the discharge of his liabilities relating to capital, interest and expenses or prove that a reduction was granted him.
c) Where the civil party cannot be found, the amount due him shall either be paid to his representative or, otherwise, into the deposit and guarantee fund.
d) Where the offender claims that the civil party has refused the amount due him, he shall show proof of such refusal and pay the said amount into the deposit and guarantee fund.
e) The four-year prescription shall not be applicable hereto.
(5) a) Rehabilitation shall not as of right restore any decoration forfeited
nor automatically reinstate the person rehabilitated in any orders from which
he would have been debarred;
b) Police supervisory and security measures against the offender shall remain enforceable;
c) Amounts paid in satisfaction of pecuniary sentences and confiscations from the person rehabilitated shall remain with the Public Treasury and shall be non-refundable;
d) Rehabilitation shall not as of right reinstate anyone in public office or employment, rank, public or ministerial positions nor shall it give rise to any reconstitution of his career.
However, the person rehabilitated shall regain the rights forfeited such as parental authority, guardianship, electoral rights and the right to appear as a witness in court.
e) Rehabilitation shall not bar an application for review of judgment with a view to establishing innocence.
Official text
Transcription: Spot-checked
In force from 12-07-2016
Source page 27
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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