However, repeat offenders who have incurred no penalty for a felony and persons rehabilitated who
have been sentenced only to a misdemeanour penalty may apply for rehabilitation after a six-year time
limit has expired since their release.
Persons convicted after due hearing of all parties or in absentia for a misdemeanour and in
respect of whom the execution of the penalty has been extinguished by prescription may also apply for
rehabilitation after the expiry of a six-year time limit from when the prescription period expired.
Persons convicted after due hearing of all parties or in absentia and in respect of whom the
penalty has been extinguished by prescription shall be required to prove, in additio n to the conditions
stated below, they have not incurred, during the prescription period, any conviction for offences
considered as felonies or misdemeanours and that they have behaved irreproachably.
ART 227: Excluding an instance of prescription, a convicted person must prove that he/she has paid
legal costs, fines and damages, or that they have been remitted.
Failing such proof, he/she must demonstrate that he/she has served the period of
imprisonment for non-payment determined by law or that the aggrieved party has waived this means of
execution.
Nevertheless, if the convicted person proves that he/she is unable to pay the legal costs,
he/she may be rehabilitated even if these costs have not been paid or have been paid only partially.
In the event of joint and several conviction, the court shall set the share of legal fees, damages
or liabilities which must be paid by the applicant.
If the aggrieved party cannot be found or if he/she refuses to take the amount due, this sum
shall paid into the Caisse des Dépôts et Consignations in the manner provided by law. If the party does
not appear within five years to ask to be paid the sum deposited, this sum shall be returned to the
depositor pursuant to a simple application from him/her.
ART 228: If the convicted person has rendered outstanding services to the country since the offence,
the rehabilitation application shall not be subjected to any time limit or penalty execution condition. In this
case, the court may grant the rehabilitation even if the fine and the damages have not been paid.
ART 229: The convicted person shall file the rehabilitation application with the State Counsel or Justice
of the Peace of his/her current residence. This application shall state:
1°
the date of the conviction;
2°
the places where the convicted person has resided since his/her release.
ART 230: The State Counsel or the Justice of the Peace with extended jurisdiction shall request
attestations from the mayors of the respective localities, failing that, of the competent administrative
authorities of the places where the convicted person resided, to establish:
1) the duration of his/her residence in each of the localities or in each of these places;
2°
His/her conduct during the period of his/her stay;
3°
His/her means of subsistence during the same periods.
The State Counsel or the Justice of the Peace with extended jurisdiction shall also consult the
magistrates of the places where the convicted person resided.
ART 231: The State Counsel or the Justice of the Peace with extended jurisdiction shall ask to be
issued:
1° an official copy of the judgements imposing the convictions; 2° an extract from the register
of the places of detention where the sentence was served; 3° A certificate on his/her criminal
records (Un bulletin n°2 du casier judiciaire).
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