Erasure of Conviction Concerning Cumulative Penalties

Abstract

Summary The article discusses the issue of erasure of conviction concerning the penalty imposing a fine or limitation of liberty apart from the penalty of deprivation of liberty. In the present legal state, it is not possible to solve the problem unequivocally. The exception is the penalty of a fine imposed together with the penalty of deprivation of liberty with the suspension of its execution. Thus, there is a need to make amendments to Criminal Code and introduce provisions determining conditions for erasure of all convictions at the same time. Using the formal-dogmatic method based on the linguistic-logical analysis of the provisions of Criminal Code regulating erasure of convictions, the author suggests a solution of the problems. Assuming that erasure of conviction takes place by virtue of law after the statutory period stipulated for the penalty of deprivation of liberty, the author believes that there is no obstacle to erasure of the whole sentence, both the fine and the penalty of limitation of liberty. At the same time, the author suggests adding Article 107 § 5a CC in the following wording: “In case of conviction under Article 37b or imposition of the penalty of a fine apart from the penalty of deprivation of liberty, erasure of the sentence shall take place after the periods stipulated in Article 107 § 1. 4 and 4a.”