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CDL-REF(2021)022
(3) three years after serving the punishment, for persons sentenced to imprisonment for a
crime of minor or medium gravity;
(4) five years after serving the punishment, for persons sentenced to imprisonment for a grave
crime;
(5) eight years after serving the punishment, for persons sentenced to imprisonment for a
particularly grave crime.
5. Where a person has benefited from conditional early release as prescribed by law, or the
unserved part of a punishment has been replaced by a milder punishment, the term of expiry
of conviction shall be calculated from the moment of releasing from serving the main and
supplementary punishments.
6. Where, after serving the imposed punishment, a person has demonstrated unimpeachable
conduct, the court may, upon his or her request, cancel the conviction before the term of expiry
of conviction elapses, but not earlier than the expiry of half of that term. When cancelling the
conviction, the court may also take into account the advisory report submitted by the State
Probation Service on cancelling the conviction, based on the claim of the court.
7. Where a person commits a new criminal offence before expiry of the conviction, the term
of its expiry shall be interrupted. The term of expiry of the conviction for the first crime shall be
calculated again after actually serving the punishment (main and supplementary) for the last
crime. In that case, the person shall be considered to be convicted of both crimes before the
term for expiry of the conviction for the graver crime elapses.
8. Cancellation or expiry of conviction shall eliminate all legal effects related to the conviction.
This norm shall not prevent the provision for restrictions by law for holding positions of a judge,
prosecutor, officer of the Investigative Committee, officer of the Special Investigation Service,
police officer, penitentiary officer, officer of the national security bodies to hold positions of
member of the Commission for Prevention of Corruption.
(Article 84 amended by HO-97-N of 9 June 2004, supplemented by HO-127-N of 22
February 2007, HO-256-N of 28 November 2007, HO-33-N of 19 May 2015, HO-49-N of 17
May 2016, HO-102-N of 9 June 2017)
SECTION 5
PECULIARITIES OF CRIMINAL LIABILITY AND PUNISHMENT OF MINORS
CHAPTER 14
PECULIARITIES OF CRIMINAL LIABILITY AND PUNISHMENT OF MINORS
Article 85.
Criminal liability and punishment of minors
1. Minors shall be subjected to criminal liability, and punishment shall be imposed on them in
accordance with the provisions of this Code, having regard to the rules provided for in this
Section.
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