Features of the process of repayment of conviction. Aspects and nuances

Features of the process of paying off criminal records

To begin with, it is necessary to determine what a conviction is. The decipherment of the term is indicated in art. Eighty-sixth of the Criminal Code of the Russian Federation (CC RF).

According to the article, she acts with respect to the person (or persons) who committed the crime, from the moment of the announcement of the conviction of the court. A person acquires a special legal status.

The term of the criminal record starts from the day of its announcement by the judicial authority until the moment of redemption or withdrawal.

Badly have people who were previously held accountable for the crimes committed. The courts repeatedly committed offenses (sanctions for which are specified in the Criminal Code) are understood as a relapse. Therefore, with an aggravating circumstance, it is not worth hoping for an easier sentence.

There is such a thing as the repayment of conviction. Legislation establishes that it is deemed to be extinguished automatically after certain conditions are met. That is, there is no need for a second court hearing and a corresponding decision.

A legal, full term of a conviction expires after the serving of the punishment (basic and additional, if the latter was appointed separately), or at the time of the completion of the probationary period.

Under amnesty (an act of amnesty is required) and pardon, conviction is also considered to be extinguished. However, the law states "can be withdrawn". We do not need comments.

Legal terms for repayment of a criminal record

Specified in part three of Art. Eighty-sixth of the Criminal Code:

- for persons with a conditional sentence, the conviction is considered repaid after the expiration of the trial period ;

- those who were not deprived of their liberty, but were sentenced, one year after serving the sentence appointed by the court, the conviction is extinguished itself, automatically;

- conditions are similar for persons who have received terms for crimes qualified as having a small or medium severity;

- for persons convicted for committing serious crimes, the conviction is repaid after six years of release;

- Finally, it is considered repaid after eight years after the end of serving the sentence of persons who committed particularly serious crimes at one time.

Early removal of criminal records

If the convicted person does not violate the laws and order, behaves flawlessly, at his request, the judicial authority may, by its decision, effect a repayment ahead of schedule.

There is such a right and the public authority. All the legal points and requirements of the legislator indicated in art. 84, 85, 86 (in their parts) of the Criminal Code of the Russian Federation.

What is the peculiarity of such a legal mechanism? For example, a court prohibits a person from holding certain positions for a certain time after serving his sentence. The decision of the judicial authority on the early repayment of the criminal record removes all restrictions, including those of a criminal-legal nature.

Features of the repayment of convictions in minors

Few other terms, shorter, are established art. Ninety-fifth of the Criminal Code of the Russian Federation in relation to persons who at the time of the commission of the crime did not attain majority (eighteen years of age).

For probation, the repayment term is six months. For crimes with a small or medium severity level - one year.

For serious crimes and especially serious - three years.