CDL-REF(2021)022
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the delivery of a criminal judgment for a grave or particularly grave crime, and the running of
the limitations period has not been interrupted by a new crime.
4. The issue of application of the limitations period with regard to a person sentenced to life
imprisonment, shall be settled by the court. Where the court finds it impossible to apply the
statute of limitations, life imprisonment shall be replaced by fixed-term imprisonment.
5. No limitations period shall be applied with regard to persons convicted of crimes against
peace and safety of humanity as provided for in Articles 384, 386-391, 393-397 of this Code.
CHAPTER 13
AMNESTY, PARDON, CONVICTION
Article 82.
Amnesty
A person having committed a criminal offence may, upon an act of amnesty adopted by the
legislative body, be released from criminal liability, and a convict may be released from both
the main and supplementary punishments in full or in part, or the unserved part of a
punishment may be replaced by a milder form of punishment, or the conviction may be
cancelled.
Article 83.
Pardon
A person convicted of a crime may, upon an act of pardon, be released from both the main
and supplementary punishments in full or in part, or the unserved part of the punishment may
be replaced by a milder form of punishment, or the conviction may be cancelled.
(Article 83 amended by HO-150-N of 7 March 2018)
Article 84.
Conviction
1. A person shall be considered to have conviction from the day when the criminal judgment
of conviction takes legal effect up to the moment when the conviction expires or is cancelled.
2. Conviction shall, in accordance with this Code, be taken into account in case of recidivism
and when imposing a punishment.
3. Persons who have been sentenced by a criminal judgment of the court without a punishment
being imposed, or have been released from serving the punishment by a criminal judgment of
the court, or have served their punishment for such an act the criminality and punishability of
which are removed by law, shall be considered to have no conviction.
4. Conviction shall expire:
(1) following the probation period, in case of conditional non-application of punishment;
(2) one year after serving the imposed punishment, for persons sentenced to a punishment
milder than imprisonment;
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