(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
Spot-checked
In force from 12 July 2016
Source page 27