Section 5 Determining the Type of Release from Penal Responsibility
Chapter 10 Rehabilitation
Article 85
(1) Rehabilitation shall delete the conviction and shall revoke for the future the consequences ascribed by laws to the conviction itself, unless otherwise provided in certain aspects by law or decree.
(2) (New, SG No. 28/1982) The provision of the preceding paragraph shall not apply to persons convicted for crimes against peace and humanity.
Section 5 Determining the Type of Release from Penal Responsibility
Chapter 10 Rehabilitation
Article 87
(1) Apart from the cases under the preceding paragraph any sentenced person may be rehabilitated by the court which has issued the sentence as first instance, provided in the course of three years following the expiry of the term of the punishment imposed by the sentence or reduced by work or pardon, he has not committed another crime punishable by imprisonment or more severe punishment:
1. if that person has had good conduct, and
2. if that person has compensated the damages in the case of deliberate crime.
(2) The court may rehabilitate the convict even where he has not compensated the damages, if there are good reasons therefore.
(3) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) Where together with the punishment by imprisonment also punishment by deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 and 7 or probation has been imposed, the term of such punishment must have expired in order to rule on rehabilitation. Where a fine has been imposed, it must have been paid.
Section 5 Determining the Type of Release from Penal Responsibility
Chapter 10 Rehabilitation
Article 88
Rehabilitation may also be requested by the heirs of the convict after his death, provided he has been entitled to it.
Part 2 Evidencing
Chapter 21 Appellate Procedure
Section 1 General Provisions
Article 336
Cancellation of the verdict and rendering a new verdict
(1) The Court of appeal shall cancel the verdict and render a new verdict, where it is necessary to:apply a law of more sever punishable crime, if an indictment in such crime existed before the first instance; to convict an acquitted defendant, if the relevant indictment existed before the first instance; acquit a defendant, convicted by the first-instance court.
(2) The powers under Para. 1, item 1 and 2 shall be exercised, if a relevant challenge by the prosecutor, respective complaint by the private complainant or the private prosecutor exist.
Amendment of the first-instance verdict Art. 337. (1) The Court of appeal may:mitigate the punishment;apply a law for same, equal or for a crime of lighter punishment;dismiss the defendant from serving of the punishment in accordance to Art. 64, Para. 1 or Art. 66 of the Penal Code; discharge the defendant from criminal liability in accordance to Art. 78 and 78a of the Penal Code.
(3) Where there is a relevant challenge by the prosecutor, respective complaint by the private complainant or the private prosecutor, the Court of appeal may:increase the punishment; cancel the dismissal from serving the punishment under Art. 64, Para. 1 or Art. 66 of the Penal Code.
(4) The appellate instance may also render only concerning the reasons and the grounds of the acquittal of the defendant or on the civil claim.
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.