Invalidation of a Punishment by Claim
Invalidation of a Punishment by Claim
- Suppose seven years have passed after a person who has completed or has been exempt from execution of imprisonment or imprisonment without labor compensated the damage to the injured party and was not punished with suspension of qualification or heavier punishment. In this case, the person concerned or a prosecutor may apply for a declaration of invalidation of a sentence (Article 81 of the Criminal Act).
Natural Invalidation of a Punishment
Natural Invalidation of a Punishment
- Suppose the periods categorized below have passed after the prisoner completed or was exempt from execution of penalty without being sentenced to suspension of qualification or heavier punishment. In this case, the punishment will be naturally invalidated.However, the punishment will be invalidated after executing the penalty or after the execution has been exempt for detention and penalty.
1. Imprisonment or imprisonment without labor exceeding three years: 10 years
2. Less than three years of imprisonment or imprisonment without labor: 5 years
3. Fine: 2 years
- If multiple penalties have been sentenced in one judgment, the declared penalty for the heaviest sentence shall lose effect after the periods under paragraphs 1 to 3 have passed after executing each sentence or after the execution of each sentence has been exempt. However, when applying paragraph 1 and paragraph 2, imprisonment and imprisonment without labor shall be considered the same type of sentence when adding each sentence period (Article 7, paragraph 2 of the Act on the Lapse of Criminal Sentences).
※ Invalidation of the sentence shall delete the criminal record (roster or register list of prisoners) (Article 8 of the Act on the Lapse of Criminal Sentences).