Chương IX Bộ luật hình sự 1999: Xóa án tích

Chapter IX

REMISSION OF CRIMINAL RECORDS

Article 63.- Remission of criminal records

Convicted persons shall have their criminal records wiped out according to the provisions in Articles 64 to 67 of this Code.

Persons entitled to criminal record remission shall be considered as having not been convicted and granted certificates by the court.

Article 64.- Automatic remission of criminal records:

The following persons shall automatically have their criminal records wiped out:

1. Persons who are exempt from penalties.

2. Persons charged with crimes other than those defined in Chapter XI and Chapter XXIV of this Code, if after completely serving their sentences or after the expiry of the statute of limitation for execution of the sentences, such persons do not commit new crimes within the following time limits:

a) One year in the case of being penalized with warning, fine, non-custodial reform or suspended sentence;

b) Three years in the case of imprisonment of up to three years;

c) Five years in the case of imprisonment of between over three years and fifteen years;

d) Seven years in the case of imprisonment of over fifteen years.

Article 65.- Criminal record remission by the court’s decision

1. The courts decide the criminal record remission for persons charged with crimes defined in Chapter XI and Chapter XXIV of this Code, depending on the nature of the committed offenses, their personal identification, their attitude towards law observance and labor behavior of the convicted persons in the following cases:

a) They have been sentenced to imprisonment for up to three years without committing new crimes within three years of completing their sentences or after the expiry of the statute of limitation for the execution of the sentences;

b) They have been sentenced to imprisonment for between over three years and fifteen years without committing new crimes within seven years of completing their sentences or after the expiry of the statute of limitation for the execution of the sentences;

c) They have been sentenced to imprisonment for over fifteen years without committing new crimes within ten years of completing their sentences or the expiry of the statute of limitation for execution of the sentences.

2. A person whose application for criminal record remission is rejected by the court for the first time must wait one more year before making another application therefor; if the application is rejected for the second time, he/she must wait for two years before applying for the criminal record remission.

Article 66.- Criminal record remission in special cases

Where a convicted person shows signs of marked progress and has made good achievements and is recommended for criminal record remission by the agency or organization where he/she works or the administration of the locality where he/she permanently resides, he/she may have his/her criminal record wiped out by the court if such person has served at least one-third of their prescribed term.

Article 67.- Method of calculating time limit for criminal record remission

1. The time limit for criminal record remission stipulated in Article 64 and Article 65 of this Code shall be based on the principal penalty already declared.

2. If a person whose criminal record has not yet been expunged commits a new crime, the time limit for remitting the previous criminal record shall be calculated from the date of completely serving the new judgement.

3. The complete serving of a judgement shall cover the complete serving of the principal penalty, the additional penalty and any other decisions of the judgement.

4. A person who is exempt from serving the rest of his/her penalty shall also be considered as having completely served the penalty.