probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004, effective
1.01.2005) Where a person has been sentenced to imprisonment for up to three years, or to
probation, provided in the course of three years following the expiry of the term of punishment
imposed by the sentence or decreased by work or by pardon, no other crime punishable by
imprisonment or by more severe punishment has been committed by that person;
3. Where a person has been sentenced, jointly or severally, to a fine, public censure or
deprivation of rights, provided in the course of one year following the enforcement of the
punishment that person has not committed another crime of general nature, and
4. Where a person has been sentenced as a minor, provided in the course of two years
following the serving of the punishment that person has not committed another crime of general
nature for which punishment by imprisonment has been imposed on him.
(2) (Amended, SG No. 28/1982) Rehabilitation de jure shall not occur for a crime
committed by a person of full age, who has been rehabilitated once.
Article 87
(1) Apart from the cases under the preceding paragraph any sentenced person may be
rehabilitated by the court which has issued the sentence as first instance, provided in the course
of three years following the expiry of the term of the punishment imposed by the sentence or
reduced by work or pardon, he has not committed another crime punishable by imprisonment or
more severe punishment:
1. if that person has had good conduct, and
2. if that person has compensated the damages in the case of deliberate crime.
(2) The court may rehabilitate the convict even where he has not compensated the damages,
if there are good reasons therefor.
(3) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective
1.01.2004, SG No. 103/2004, effective 1.01.2005) Where together with the punishment by
imprisonment also punishment by deprivation of rights under Article 37, paragraph 1,
sub-paragraphs 6 and 7 or probation has been imposed, the term of such punishment must have
expired in order to rule on rehabilitation. Where a fine has been imposed, it must have been paid.
Article 88
Rehabilitation may also be requested by the heirs of the convict after his death, provided
he has been entitled to it.
Article 88a
(New, SG No. 28/1982) (1) (Supplemented, SG No. 89/1986) Where after the serving of
the punishment a term has expired equal to that under Article 82, paragraph (1), and the
convicted person has not committed new deliberate crime of general nature for punishment by
imprisonment is provided, the sentencing and the consequences thereof shall be deleted
notwithstanding the provisions of other laws or decrees.
(2) Where the punishment imposed is imprisonment for more than one year and the person
has not been exempted from serving it pursuant to Article 66, the term under paragraph (1) may
not be less than ten years.
(3) In the case of conditional sentencing and conditional early release the term under
paragraph (1) shall commence as from the date of expiry of the probation period.
(4) (New, SG No. 89/1986) Where the person has committed two or more crimes for