In short
Restoration of prohibited rights is not the deletion of a criminal record. Restoration of prohibited rights is the older name of this application. The subject is whether a ban attached to a conviction will be restored by a court decision. Not every conviction is treated as having created a ban on voting, on standing for election, or on a profession. If there is a ban, it is not said to have lifted by itself either. The decision is given with the conditions in Law No. 5352 and with the information on execution of the sentence.
The ban is read from the judgment and from the relevant statute
Which right was restricted is read from the conviction and from the statute that created that restriction. A ban that is not written in the judgment, and that a special statute does not attach either, is not brought into existence by a petition. Public office, custody, a profession, or the right to vote and to stand for election, are not treated as banned in the same package in every file. If there is no ban in the operative part and in the relevant statute, there is no ban to restore. That absence is not a dismissal of the petition. It is the absence of a ban to discuss.
A ban may have arisen from more than one source. One is a deprivation of rights in the operative part of the judgment. The other is an obstacle that the statute governing the profession attaches to a conviction. The two are not treated as lifted by the same sentence. If the professional statute indicates its own authority and its own condition, a restoration decision under Law No. 5352 does not by itself open that profession's special obstacle. If the special statute treats the restoration decision as sufficient, that sufficiency is read from that statute. If it does not, the professional document is followed separately along that statute's route.
In a decision deferring the announcement of the verdict, a package of bans is not treated as created while there is no announced conviction. Who can see that record is under whether a deferred announcement appears on the record. If the judgment is announced later, the question of the ban is read again from the text of the announced conviction. While there is no announcement, a restoration petition does not close the question of visibility. An acquittal does not create a ban either. If there is no conviction, there is no conviction ban to restore.
Without a restoration decision the ban does not lift
If there is a ban, its lifting depends on a restoration decision under Law No. 5352. It is not said that the ban has lifted because the period ran out before a decision is given. The period is read from the offence in the decision and from the regime in Law No. 5352. This text does not fill the period with a figure. The court assesses the statutory conditions with the information on execution of the sentence and with the request. The conditions are not announced from this article as if they had been met.
Whether execution of the sentence is complete is read from the record in the execution file. While there is no record, execution is not assumed to be finished. Situations in which the sentence is treated as executed may be regulated separately in the statute. Whether they are counted is seen when the execution record and the statutory text are placed side by side. If the record does not say "completed", the transaction is not treated as completed. Partial execution does not stand in for completed execution.
The court also assesses the person's situation during this period, in the manner the statute requires. If the assessment is not in the reasoning, a favourable view is not assumed. The reasoning does not have to repeat the same sentence in every file. The concrete information stands in the execution file or in a document attached to the application. While there is no document, good conduct is not announced as established. The content of the document does not change the ban itself. The content serves the court in weighing the conditions.
Some offences, or some bans, may be kept closed to restoration in the statute. Whether they are closed is read from the legal characterisation of the offence in the judgment and from the text of the relevant article. This article does not build a list of closed offences. In a closed ban, a petition is not treated as having opened the ban. In an open ban, the petition does not produce the result before a decision is given either.
A criminal-record certificate does not stand in for the ban
A plain appearance of the criminal-record certificate does not mean that the prohibited right has been restored. A restoration decision does not delete the conviction line from the archive either. The archive and time regime of deletion is in the criminal record. The two petitions do not carry the same request. Because the certificate looks plain, the profession or the right to vote is not treated as restored. Being hired is not inferred from the plain appearance of the certificate.
A restoration decision may have been entered on the record. Entry does not mean the line was deleted. The entry shows that the ban was restored. Which ban the record was made for is read from the operative part of the decision. If only one right is in the operative part, the other rights are not treated as opened as well. If the right to vote has been restored and a professional obstacle still stands in a special statute, the professional obstacle is read separately.
An old criminal-record certificate may have been obtained before the restoration decision. The old certificate does not cause the decision to be ignored. A new certificate may not by itself have written the decision into every field. Which document is in hand is read from the date. If the date is before the date of the decision, the decision is placed in the file separately.
The manner of execution does not lift the ban
Serving the sentence under probation does not mean that the bans have been restored. Probation is a manner of executing a prison sentence. The condition is read from Law No. 5275 in probation. A good-conduct assessment given while that manner of execution continues is not a restoration decision. The assessment is in the papers of the execution judge or of the institution. That paper is not pasted in place of the court decision under Law No. 5352.
The summons of the execution prosecutor's office shows the place of surrender, the kind of sentence and the authority. That paper is not a decision lifting a ban. How the lines are read is under a summons from the execution prosecutor. Complying with the summons does not by itself open the right to vote or a professional ban. Failing to comply does not automatically close the restoration condition from this page either. The result of non-compliance in the execution of the sentence is in the execution file. Restoration is a decision separate from that result.
The court that will give the decision is read from the rule in Law No. 5352 and from the file that gave the judgment. The criminal-records office does not stand in for that court. The execution prosecutor's office on the summons is not the authority for restoration either. On a judgment that has not become final, a restoration calculation is premature. The layer of the appeal route is in the distinction between regional appeal and cassation. While there is no finality annotation, a petition is not drawn up as if the ban had lifted. If there is an annotation, which operative part it covers is read from the text. No ban calculation is made for an operative part that stays outside the scope.
Which enclosure stands in the petition
The application looks for the judgment that created the ban, the finality annotation, and the record showing the state of execution. If one of the records is missing, the missing piece is not treated as completed. The court may have the gap filled. While there is no letter requiring completion, the file is not announced as concluded. A copy of the judgment and the criminal-record certificate do not stand in for the same enclosure. One shows the source of the ban. The other shows how the record appears.
If there is a representative, the power of attorney shows whom the application belongs to. If there is no power of attorney, a petition filed by someone else is not counted as the person's request. If the person has more than one conviction, the petition separates which judgment created which ban. A petition filed without that separation is not treated as having opened every ban by a single decision. The court may weigh the conditions separately for each judgment. The result of the weighing is in the decision.
After the decision is given, the relevant professional body or the electoral record may separately ask for the decision in its own transaction. The request is a copy of the restoration decision. The body does not have to open a ban that is not written in the decision. It is also written separately if it keeps closed a ban that is written in the decision, as if there were no decision. This article does not create the body's internal transaction. The transaction is followed from service of the decision and from the body's record.
The operative part of the restoration decision states expressly which right was restored. If the operative part says "the bans have lifted" and does not list the rights, the list is completed from the reasoning and from the supporting judgment. If it cannot be completed, it is not announced that every right has been opened. The decision does not change the manner of execution. A sentence that is still under supervision is not treated as converted, by the restoration decision, into execution outside the institution. The decision is only about the ban. The date the ban lifted is read from the record of the decision becoming final or of its service. If there is no record, a date is not assumed.
Conclusion
Restoration is about the ban. Deletion of the record is about the entry. If the ban is not in the judgment and in the relevant statute, there is nothing to restore. If it is there, it is not treated as lifted without a court decision. The right to vote, the right to stand for election, and a professional ban do not return by themselves. The frame is on the criminal law page. The basis is the text of Criminal Records Law No. 5352. The state of execution is read from Law No. 5275 and from the execution file. The judgment and the execution record can be read side by side through contact.