ART 220: Without prejudice to any disciplinary sanctions which may be imposed upon the judicial
police official by his/her superiors, the Indictment Chamber may admonish him/her or decide that
he/she may be relieved either temporarily or permanently of his/her duties as a judicial police official.
If the Indictment Chamber considers that the judicial police official has committed an offence
against criminal law, it shall order, in addition, that the case file should be forwarded to the Attorney
General for appropriate steps to be taken.
ART 221: Decisions taken by the Indictment Chamber against judicial police officials shall be notified
by the Attorney General to the supervisory authorities of judicial police officials.
Section IV - Rehabilitation of Convicted Persons by the Indictment
Chamber
ART 222: Every person convicted for a felony or misdemeanour may be rehabilitated.
Rehabilitation may be acquired as of right or be granted by the Indictment Chamber.
ART 223: Rehabilitation shall be acquired as of right by the convicted person who, within the time
limits specified below, has not been subjected to any new conviction for imprisonment or for a more
serious penalty for a felony or misdemeanour:
(1) For sentences to pay a fine, after five years from the date of payment of the fine or the
expiry of the imprisonment term for non-payment or of the prescription period;
(2) For a single sentence of imprisonment not exceeding six months, either after a period of ten
years from the expiry of the penalty received, or from expiry of the prescription period;
(3) For a single sentence of imprisonment not exceeding two years or for multiple convictions
not exceeding one year, after a period of fifteen years counted as stated in the preceding paragraph;
(4) For a single sentence of more than two years’ imprisonment or for multiple convictions, the
aggregate of which does not exceed two years, after a period of twenty years counted in the same
manner.
For the purposes of the foregoing provisions, convictions merged by a court order shall be
deemed to be a single conviction.
The total or partial remission of a conviction by way of pardon shall be equivalent to its total or
partial execution.
ART 224: Rehabilitation may only be requested from a court during the life of the convicted person by
that person, or, if he/she is judicially impeded, by his/her legal representative. In the event of death and
if the legal conditions are fulfilled, the application may be continued by his/her spouse or by his/her
descendants and may even be instituted by them, but only within a period of one year from his/her
death.
The application must cover all convictions handed down which h ave not been erased by a prior
rehabilitation or amnesty.
ART 225: The rehabilitation application may only be made after a five -year time limit for persons
sentenced for a felony, a three-year time limit for persons sentenced for a misdemeanour.
This period starts from the day of release for those sentenced to imprisonment, and from the
day the conviction became irrevocable for those sentenced to pay a fine.
ART 226: Convicted persons who repeat offenders, those who have incurred a new conviction afte r
having been rehabilitated, those who, sentenced after all parties were duly heard or in absentia to a
penalty for a felony, have seen the execution of the penalty extinguished by prescription, may apply for
rehabilitation only after a ten-year time limit has expired since their release or since prescription.
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