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II. Judicial Standards and Principles
 
  2.3 Justice and Operation of Courts  
  Article 21-Criminal history  
21.1 Criminal history  
  The recording of a criminal conviction is considered a serious punishment under the Criminal Code. However, it is not something that remains a permanent record, except in capital crimes and crimes of particular gravity and moral depravity.  
  In all other matters, criminal history is only permitted to be kept active for the length of the allocated sentence. This is done for two reasons:  
  (1) A just rehabilitation of convicted offenders back into society  
  (2) A just basis for including previous criminal history in suit of re-offence  
21.2 The just rehabilitation of convicted offenders back into society  
  The existence of a criminal record means for most convicted criminals an automatic limitation of a wide variety of services and opportunities. Many government authorities and private companies request prior disclosure of whether a man, woman or person has ever been convicted of a crime before providing a service.  
  Under the Criminal Code, such open questions are a crime punishable by fine or even imprisonment by the man, woman or person demanding such questions as only disclosure of an active criminal record is permitted.  
  Once a man, woman or person has finished their sentence and has sought to rehabilitate themselves into society, then depending upon the nature of the crime, they also deserve to see that their criminal files are eventually expunged. In serious matters, this may take many years of no re-offence before a criminal record is cleared from the system, for other minor crimes, it may only be a few years.  
  Any society that on the one hands demands rehabilitation, but on the other hand refuses to fully welcome a man, woman or person back into society without a permanent black mark against their name is a profoundly unjust society.  
21.3 A just basis for including previous criminal history in suit of re-offence  
  The limits on the existence of criminal records is done for two reasons, (1) to allow convicted offenders to fully rehabilitate into society and (2) to permit the legitimate introduction of previous active criminal history into new proceedings.  
  Therefore under the Judicial Code and consistent with all other code, the re-introduction of previous criminal history of a conviction where a man, woman or person has an active criminal record is not only permitted, but required by law.  
  However, the re-introduction of any previous criminal history of a conviction where a man, woman or person no longer has an active criminal record is itself a criminal offense and not permitted under any circumstance.  
21.4 Strict conditions for entry into a new matters of any previous criminal history of a conviction where an active criminal record exists  
  The following are the strict and limited conditions under which information from a previous history of a criminal conviction may be entered into an active suit where an active criminal record exists:  
  (1) To prove the charge of re-offence  
  The charge(s) under which the man, woman or person was previously convicted, including the date, time, location, names of victims and immediate facts of the matter.  
  (2) To prove consistency of character and likely recidivism (repeat offence)  
  Conditions and circumstances of previous crimes which prove a consistent pattern of character to the present charges.  
  (3) As material evidence for the new cause of action  
  Where a previous conviction is materially linked to the new crime and such previous evidence is materially relevant to the new cause of action.  
     
     
 
 

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