Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
Section 96 (1) If disqualification from a profession, disqualification from driving a vehicle,
a ban on entering certain areas, a ban on visiting sports events, or expulsion is imposed in
addition to imprisonment, and the sentences of imprisonment are accumulated, from among
the multiple disqualifications from a profession, disqualifications from driving a vehicle, bans
on entering certain areas, bans on visiting sports events, and expulsions with identical
substance, the one that is more disadvantageous for the convict shall be enforced.
(2) A secondary penalty of exclusion from participating in public affairs shall not be
included in an accumulative sentence. From among multiple secondary penalties of exclusion
from participating in public affairs, the one for the longest period shall be enforced.
CHAPTER X
THE ADVERSE LEGAL CONSEQUENCES OF HAVING BEEN CONVICTED AND
EXPUNGEMENT
The adverse legal consequences of having been convicted
Section 97 (1) The adverse legal consequences pertaining to the establishment of criminal
liability, imposition of a penalty or application of a measure shall be established by an Act.
(2) Data pertaining to the establishment of criminal liability, the penalty imposed and the
measure applied shall be recorded in a publicly certified official register for a period
determined by the Act; after this period, the convict shall not be subject to any adverse legal
consequence for having been convicted. Recidivism and its adverse legal consequences under
this Act shall be established according to section 389 of Act XC of 2017 on the Code of
Criminal Procedure on the basis of data retrieved from the criminal records at the time closest
to the commission of a new criminal offence, even if such data have been deleted.
The scope of expungement
Section 98 (1) Unless otherwise provided by an Act, a convict granted expungement shall
be relieved of the adverse legal consequences of having a criminal record.
(2) If a person is granted expungement, he shall be considered a person without a criminal
record, and he shall not be obliged to report any conviction of which he has been relieved,
unless otherwise provided by an Act.
(3) If a new criminal offence is committed, expungement shall not apply to criminal legal
consequences associated with a previous conviction under this Act.
The method of expungement
Section 99 A convict may be granted expungement
a) by virtue of this Act,
b) on the basis of a court decision, or
c) by way of a pardon.
Statutory expungement
Section 100 (1) Expungement shall take effect by virtue of this Act
a) on the day when the conclusive decision becomes final and binding, if confinement,
financial penalty or community service was applied,
b) on the day when the conclusive decision becomes final and binding, if disqualification
from a profession, disqualification from driving a vehicle, a ban on entering certain areas or a
ban on visiting sports events was applied,
c) on the day when enforcement of the sentence is completed or its enforceability ceases, if
expulsion was applied,
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