Criminal rehabilitation in Italy: how to obtain the cancellation of the crimes?
Criminal rehabilitation in Italy: what it is and how to obtain it?
Criminal rehabilitation in Italy is a procedure, governed by art. 178 c.p., which allows all those who have been convicted as a result of criminal sentence res judicata or criminal decree of non-opposing sentence, to request and obtain the cancellation of crimes from the criminal record and, therefore, the extinction of the same crimes.
The precondition of this institution is that the condemned person has, for the purpose of accepting the request for the cancellation of crimes, the required conditions and clear signs of repentance.
In which cases you can request criminal rehabilitation in Italy?
The criminal rehabilitation in Italy may be requested by the convicted person, without the need to be assisted by a lawyer.
The competent court of decision is the Supervisory Court, pursuant to art. 683 c.p.p.
It must be precised, however, that the proceedings before the supervisory magistracy require the lawyer to attend the hearing set by the Judge, when the application submitted by the interested party is recognized as not manifestly unfounded or inadmissible.
The conditions for obtaining non-automatic criminal rehabilitation in Italy are as follows (art. 179 c.p.):
- at least 3 years have passed from the day of execution of the sentence, which becomes 8 years if the person concerned is a recidivist and 10 if he is a habitual, professional or trend offender;
- good conduct of the interested party, after the date of the criminal action;
- compensation of the damage to injured parties. The compensation of the damage must be demonstrated by declaration of the injured party or must be given proof of payment or must result in the sentence itself. The applicant is allowed to demonstrate the impossibility of compensating the damage;
- the applicant has not been subjected to security measures, or otherwise, if applied, has been revoked and the applicant has fulfilled the civil obligations arising from the crime.
The reference term starts from the day on which the principal penalty was executed or otherwise terminated. If the conditional suspension of the sentence has been granted, the effective term (3, 8 or 10 years) begins at the same moment from which the suspending period of the sentence begins.
The effects of the criminal rehabilitation are summarized in the cancellation of the crimes attributable to the judgment of reference and of all the other reported convictions, unless it is partial. In fact, the rehabilitation also makes it possible to obtain the extinction of accessory penalties (interdiction from public offices).
How to request the criminal rehabilitation in Italy?
The procedure that the interested party must follow to request and obtain the criminal rehabilitation in Italy foresees the following steps:
- write a request for rehabilitation, in plain paper, to be signed and deposited, personally or through a legal counsel, to the Court of Surveillance of the district where you reside (for those residing abroad, the Court of jurisdiction is that of the place of their last residence or condemnation);
- after the application has been filed, the office of the competent Court proceeds to acquire all that is necessary for making the decision, for example the sentence of conviction (investigation phase);
- at the end of the investigation, the discussion hearing is fixed, where the interested party is called to appear with the assistance of a trusted or official lawyer;
- the order by which the Judge decides on the rehabilitation request is communicated ex officio to the applicant, to the offices concerned and to the Office of Records.
The criminal rehabilitation in Italy does not entail large costs: it is free of expenses, stamps and duties and it is also possible to apply for legal aid for those who have the income conditions required by law.
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