This provision is contained in a bill that would strengthen criminal liability for legal entities. The bill has been approved by Parliament in its first reading.
In addition, a legal entity that has been acquitted under an amnesty or on the basis of a pardon issued by a court will not be considered to have a criminal record.
The draft’s authors propose adding provisions to the Criminal Code (CC) governing the procedure for expunging criminal records of legal entities. The reason is that current legislation provides for such provisions only for individuals.
It is also stipulated that, with regard to legal entities convicted of crimes, criminal records will be expunged in accordance with the rules applicable to individuals. However, this will apply only if certain time periods have elapsed after the sentence has been served.
Thus, for a minor offense (of moderate severity), the period is set at 2 years. For serious offenses, it is 6 years; for particularly serious offenses, 8 years; and for extremely serious offenses, 10 years.
If a convicted legal entity is released early or part of its sentence is commuted to a more lenient one, then the period for the expiration of the criminal record will be calculated based on the actual period of the sentence served up to the time of release.
