ReinstatementArt.218. – Application for


Reinstatement
Art.218. – Application for reinstatement.

 

(1) Where a convicted person or his legal representative is of opinion that the requirements of Art. 243 and 244 Penal Code are satisfied, he may apply for reinstatement to the court having passed the sentence the cancellation of which is sought.

(2) The application shall be in writing and shall give reasons. It shall be accompanied by such documents as are necessary to enable the court to ascertain whether the conditions laid down in Art. 243 and 244 Penal Code are fulfilled.

 

Art.219. – Procedure and decision.

 

(1) The application shall be decided on by the court sitting in chambers. Prior to making its decision, the court may order such inquiries to be made or further documents to be produced as it thinks fit.

(2) Where the application is allowed, the provisions of Art. 245 Penal Code shall apply and the court shall order the entry of the sentence which it has cancelled to be deleted from the reinstated person’s police record.

(3) Where the application is dismissed, the provisions or Art. 246 Penal Code shall apply.

(4) Any decision under this Article shall be in writing and shall give reasons. The decision shall be read out in open court, and shall be published in a newspaper.

(5) No appeal shall lie from any decision of any court under this Article.

 

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.