Judicial rehabilitation – problems
When discussing the fundamentals of criminal justice in the article “Exemption from criminal liability. Is it possible?” we had occasion to point out that in this area, the state has the power to convict the perpetrator, to enforce the punishment it has imposed, and to treat him as a convicted person.
This last power, namely treating the offender as convicted, is reflected in his criminal record and often prevents him from finding employment, including jobs for which there is no explicit legal prohibition on being held by a convicted person. In cases where the imposition of the punishment has led to the offender’s re-education to respect the law and good morals, treating him or her as a convicted person forever is not justified.
It is precisely for this reason that the legislator provides for the possibility of clearing a criminal record, i.e., one’s judicial past. This can happen in two ways—through rehabilitation by law or through judicial rehabilitation.
When can one request judicial rehabilitation?
The procedure for expunging previous convictions by court order is carried out in cases where rehabilitation by law is not possible.
The hypotheses in which judicial rehabilitation must be undertaken are as follows:
1. the perpetrator of the crime has been given a suspended sentence, but during the probation period has committed another crime and should have served the suspended sentence;
2. the perpetrator has been sentenced to imprisonment for up to three years or to probation, but within three years of the expiry of the sentence imposed by the judgment, he has committed another crime punishable by imprisonment;
3. the perpetrator has been sentenced to a fine, public censure, or deprivation of rights and, within one year of serving the sentence, has committed another crime of a general nature;
4. the perpetrator has been convicted as a minor, but within two years of serving the sentence has committed another crime of a general nature, for which he has been sentenced to imprisonment.
The legislator comprehensively regulates the requirements for admission to judicial rehabilitation. There are three:
1. within three years of the sentence imposed, the person has not committed another crime punishable by imprisonment;
2. the person has behaved well;
3. the person has compensated for any damage caused, where applicable.
Important! The court may allow judicial rehabilitation in exceptional cases and when the damage caused has not been repaired. The law refers to these exceptional cases as “valid reasons.” Whether such grounds exist is assessed on a case-by-case basis, taking into account the circumstances of the case, and it is the task of the authorized attorney to establish them and provide evidence for them. That is why it is advisable to engage an experienced and established criminal law attorney.
What is the procedure for obtaining judicial rehabilitation?
The procedure through which a convicted person may be rehabilitated is conducted through the courts. It is initiated at the request of the convicted person. The case is heard in open court with the participation of the convicted person, their lawyer, and the prosecutor.
Case from the law firm – won case for judicial rehabilitation
The specialists at Silvia Petkova Sole Proprietorship Law Firm have extensive experience in cases requiring judicial rehabilitation. We will describe one such case from our practice in the following lines.
Fifteen years ago, Dimitar* was convicted of a crime and given a probation sentence. Less than two years after the sentence came into force, he committed another crime, for which he was given a three-year suspended prison sentence, the execution of which was postponed for five years. No harm was caused by the crimes he committed.
Thirteen years after his second conviction, Dimitar has not only refrained from committing another crime. He has completely reformed himself. He successfully completed his higher education. He has turned to academic work. He has started a family and his own business. Logically, and with the assistance of the law firm, the court granted him judicial rehabilitation.
* With a view to preserving attorney-client privilege, the name has been changed.
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Sylvia Petkova Sole Proprietorship Law Firm in the media —> https://petkovalegal.com/media/
More interesting topics, related to the legal status of convicted persons, can be found in the section “Criminal law“.
You can learn more about the work of the firm, as well as some of the cases won by our lawyers, in the “News” section.
Silvia Petkova Sole Proprietorship Law Firm is a specialized criminal law firm with specialists who have extensive experience in the field of defending defendants/accused persons and victims in criminal cases. Consultations by phone or at our office are provided only by appointment. We provide legal assistance and procedural representation throughout the country.
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