This article involves itself in the research of the juridical nature of the rehabilitation basis for a person in the penal process. Resulting from the penal processual legislation stipulations, the rehabilitation grounds from the penal pursuing phase, as well as from the cause trial phase are examined. The necessity of respecting the principle of the presumption of innocence is emphasized in this article. There are made a lot of positive recommendations towards the improvement of the legislative framework that includes the settlement process of the person rehabilitation in the trial.