در نظامهای کیفری، یکی از مهمترین اهداف اجرای مجازات اصلاح مجرم است.
مجرم مجازات میشود چون مقررههای قانونی را نقض کرده، نظم اجتماع را به هم زده و باعث هرج و مرج شده است.
مجرم مجازات میشود تا خصلت ضد اجتماعی او را اصلاح شود.
حال در کنار همه اینها برای یک سری از جرایم مجازات تبعی در نظر گرفته شده است
که این مجازات تبعی موجب محرومیت از حقوق اجتماعی در یک بازه زمانی می شود
و در زمان استعلام بعنوان سوء پیشینه درج می شود.
برای مشاوره حقوقی رایگان با وکلای مجرب ما در ارتباط باشید.
قانون در مورد سابقه کیفری موثر چه میگوید:
طبق ماده ۲۵ قانون مجازات اسلامی مصوب ۱۳۹۲، افرادی که مرتکب جرمی میشوند
و مجازات آنها به شرح زیر باشد دارای محکومیت موثر کیفری هستند
و تا پایان این موارد نمیتوانند گواهی عدم سوء پیشینه بگیرند
و پس از گذشت این زمانها با توجه به نوع جرم، پاک نخواهد شد،
اما در استعلامات در سابقه ذکر نخواهد شد.
آنچه عامه مردم به آن سوء پیشینه کیفری میگویند، در لفظ قانونگذار، محکومیت موثر کیفری است.
جرایم درجه یک تا پنج در این ماده به دنبال خود مجازاتهای تبعی را میآورند
و این همان محکومیت موثر کیفری است.
ماده ۲۵ – محکومیت قطعی کیفری در جرایم عمدی، پس از اجرای حکم یا شمول مرور زمان،
در مدت زمان مقرر در این ماده محکوم را از حقوق اجتماعی به عنوان مجازات تبعی محروم میکند:
الف- پس از ۷ سال در محکومیت به مجازاتهای سالب حیات
و حبس ابد از تاریخ توقف اجرای حکم اصلی در سابقه درج نخواهد شد.
ب- پس از ۳ سال در محکومیت قطع عضو، قصاص عضو در صورتی که دیه جنایت وارد شده
بیش از نصف دیه مجنیٌعلیه باشد، نفی بلد و حبس تا درجه ۴(حبس بیش از 5 سال تا ده سال).
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