gaining certain right after the lapse of three years from the day on which the punishment has been served,
pardoned or amnestied, or barred by the statute of limitation.
(3) In deciding whether to order the termination of a security measure or a legal consequence incident to
conviction, the court shall take into account the conduct of the convicted person after the conviction, his
readiness to compensate damage caused by the perpetration of a criminal offence and to return material gain
acquired through the perpetration of a criminal offence, as well as other circumstances which indicate the
justifiability of the termination of a security measure or a legal consequence incident to conviction.
(4) The termination of legal consequences incident to conviction in no way affects the rights of third parties
originating from the judgement.
XIII C H A P T E R
T H I R T E E N
REHABILITATION, AMNESTY, PARDON AND DELETION OF CONVICTION
Article 121
Rehabilitation
(1) Following release from the institution where they had served sentences of imprisonment, long-term
imprisonment or juvenile imprisonment or after being pardoned or amnestied, or after the punishment was
barred by the statute of limitation, convicted persons shall freely enjoy all rights provided by the constitution,
law and other regulations, and may gain all rights other than those whose exercise is limited as a result of a
security measure imposed on them or a legal consequence incident to conviction.
(2) The provision of paragraph 1 of this Article shall also apply to persons on parole, unless their rights are
limited by special provisions on release on parole.
Article 122
Amnesty
(1) By an amnesty, to the persons covered by it, a release from criminal prosecution, complete or partial
release from the execution of punishment, substitution of the imposed punishment by a less severe one,
deletion of the conviction, or cancellation of legal consequences incident to conviction is given.
(2) An amnesty for the criminal offences prescribed under this Code and other laws of the Federation, may
be granted by the Parliament of the Federation, and for the criminal offences prescribed under cantonal laws
an amnesty may be granted by Cantonal Assembly.
(3) Amnesty shall be granted by law.
Article 123 1
Pardon
(1) By means of pardon, to the specifically designated persons, complete or partial release from the
execution of punishment, substitution of the imposed punishment by a less severe one, deletion of the
conviction, or annulment or shortening of the duration of the security measure of ban on carrying out a
certain occupation, activity or duty, or a certain legal consequence incident to conviction is given.
(2) A pardon for the criminal offences falling within the jurisdiction of the Federation may be granted by the
decision of the President of the Federation pursuant to a special law.
1
Amended by High Representative Decision 302/04, published in the Official Gazete of FBH 69/04
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