JUDICIAL REHABILITATION AS AN INSTITUTION WITH EXTINCTIVE EFFECT FROM THE PERSPECTIVE OF THE NATIONAL LEGAL FRAMEWORK. EFFECTS OF THE SENTENCE OF ACQUITTAL AS THE MAIN PROCEDURAL ACT

Andrei MUNTEAN Universitatea de Stat din Moldova

Аннотация

At present, based on the modern criminal laws of the continental legal system, we consider valid the statement that
the judicial rehabilitation procedure is initiated only at the request of the person executing the sentence and cannot be
initiated ex officio or at the request of other persons or institutions. On the basis of the submitted application, the competent
court verifies the existence of the conditions required by law for the granting of rehabilitation and issues a decision in
this regard.
As in the case of legal rehabilitation, to grant judicial rehabilitation, the law provides conditions regarding the
conviction, the rehabilitation terms, the conduct of the convict, etc. Establishing the conditions for granting rehabilitation is
also a guarantee for the convict, because, if it is found that they are met, the court cannot refuse rehabilitation on the
grounds that it would not be appropriate.
Keywords: principle of law, presumption of innocence, rehabilitation of the person, criminal prescription, legal
institution, conviction, arrest, right to defence.