PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXV PROCEEDINGS FOR RENDERING A DECISION ON THE EXPUNGEMENT OF SENTENCE
Article 520
Expungement of Sentence
1. Where the law provides for a sentence to be expunged pursuant to Article 96 of the Criminal
Code, the competent public authority in the field of judicial affairs shall render a ruling expunging
the sentence ex officio.
2. Prior to rendering the ruling on judicial expungement, the necessary inquiries shall be made
and, in particular, information shall be gathered as to whether the convicted person has been
reconvicted for any criminal offense committed before the expiry of the period of time prescribed
for the expungement of the sentence.
Article 521
Procedure for Expungement of Sentence when the Administrative Body Fails to Act
1. If the competent public authority in the field of judicial affairs fails to render the ruling
expunging the sentence ex officio, the convicted person may request a determination that the
expungement of the sentence has been made in accordance with the law.
2. The competent public authority in the field of judicial affairs shall issue a ruling expunging the
sentence within thirty (30) days from the filing of the request of the convicted person.
3. Such request shall be handled in line with the respective Law on Administrative Procedure.
Article 522
Expungement of Alternative Sentences
If an alternative sentence is not revoked one (1) year after the expiry of the verification period,
the competent public entity in the field of judicial affairs shall, ex officio or upon request render a
ruling expunging the sentence. The respective Law on Administrative Procedure applies.
Article 523
Proceedings to Expunge Sentence Based on a Judicial Decision
1. Proceedings to expunge a sentence on the basis of a judicial decision under Article 97 of the
Criminal Code shall be initiated upon the petition of the convicted person.
2. The petition shall be filed with the court which adjudicated in first instance.
3. The judge assigned to the case shall first establish whether the necessary period of time
according to the law has elapsed, and then he shall make the necessary inquiries to determine
the facts alleged by the petitioner and collect evidence on all circumstances relevant for the
decision.
4. The court may request a report on the conduct of the petitioner from the police in whose
territory he has resided after serving his sentence and may request a similar report from the
administration of the institution in which he served the sentence.
5. After completing the inquiries and upon hearing the state prosecutor when proceedings were
conducted upon his request, the judge shall send the files together with a motion supported by
reasoning to the panel of the court which judged the case at first instance.
6. The decision of the court on expunging the sentence may be appealed by the petitioner or
the state prosecutor.
7. If the court rejects the petition on the ground that the conduct of the petitioner does not
warrant the expunging of the sentence, the petitioner may renew the petition two (2) years after
the day the ruling rejecting the petition became final.
Article 524
Effect of Expungement on Criminal Records
An expunged sentence shall not be mentioned in certificates issued on the basis of criminal
records for the exercise of rights of individuals.
1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and
(ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;
(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.
2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:
(a) Reconvene the original Trial Chamber;
(b) Constitute a new Trial Chamber; or
(c) Retain jurisdiction over the matter, with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.