Law on the Register of Suspects, Accused and Convicts


Published: 0000-00-00

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REPUBLIC OF LITHUANIA
LAW ON
the Register of SuspectS, ACCUSed and Convicts
 
 
 
22 June 2011 No XI-1503 Vilnius
 
 
 
Article 1. Purpose of the Law
1. This Law shall define the status of the Register of Suspects, Accused and Convicts (hereinafter referred to as the “Register”), the procedure for setting up the Register, Register objects, Register data suppliers and the management of Register data, the funding of the Register, reorganisation and liquidation of the Register.  
2. The procedure for registering Register objects shall be laid down by the Government of the Republic of Lithuania (hereinafter referred to as the “Government”).
3. The provisions of this Law have been harmonised with the legal acts of the European Union referred to in the Annex to this Law.
 
Article 2. Status of the Register
The Register shall be a state register.
 
Article 3. Setting up of the Register
1. The Register shall be set up by the Government under a resolution on the setting up of the Register of Suspects, Accused and Convicts, approval of regulations of the Register and determination of the commencement of operation of the Register.
2. The Register shall be set up by reorganising the Departmental Register of Suspected, Accused and Convicted Persons.
 
Article 4. Register Objects and Data
1. Register objects shall be suspected, accused and convicted natural and legal persons.
2. The Register shall manage data of the decisions and rulings handed down in the course of pre-trial investigation and the rulings and judgments passed in the course of judicial investigation in respect of Register objects, data on execution of the sentences imposed on them and serving of the sentences, also data on their previous conviction, reduction of the term of previous conviction, and quashing and expiration of the previous conviction.
 
Article 5. Register Data Suppliers
The data indicated in paragraph 2 of Article 4 of this Law shall be supplied to the Register by the Office of the President of the Republic, courts, prosecutor’s offices, pre-trial investigation bodies, penal institutions of the Republic of Lithuania and foreign competent authorities within the scope of their competence and in accordance with the procedure laid down by the regulations of the Register and other legal acts.
 
Article 6. Register Management Bodies and Management of Register Data
1. The leading Register management body shall be the Information Technology and Communications Department under the Ministry of the Interior of the Republic of Lithuania, which shall also act as a Register management body.
2. Register data shall be managed in compliance with this Law, the Law of the Republic of Lithuania on State Registers, the Law of the Republic of Lithuania on Legal Protection of Personal Data, the Criminal Code of the Republic of Lithuania, the Code of Criminal Procedure of the Republic of Lithuania, the Penal Code of the Republic of Lithuania, the regulations of the Register and other legal acts of the Republic of Lithuania, the European Union and international legal acts.
3. State and municipal institutions and agencies shall have the right to receive Register data free of charge where this is necessary for the performance of direct functions of these institutions and agencies and the functions thereof specified in legal acts.
4. Register data shall not be publicly available.
 
Article 7. Funding of the Register
The Register shall be funded from the state budget of the Republic of Lithuania, also from the funds received from provision of Register data and from other sources of funding specified in the regulations of the Register.  
 
Article 8. Reorganisation and Liquidation of the Register
The Register shall be reorganised and liquidated in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Registers and other legal acts.
 
Article 9. Entry into Force and Implementation of the Law
1. This Law, except for paragraph 2 of this Article, shall enter into force on 1 March 2012.
2. The Government and an institution authorised by it shall adopt the legal acts implementing this Law prior to the entry into force of this Law.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
PRESIDENT OF THE REPUBLIC                                          DALIA GRYBAUSKAITĖ
 
                                                                                                Annex to
the Republic of Lithuania
Law on the Register of Suspects, Accused and Convicts
 
 
 
EUROPEAN UNION LEGAL ACTS IMPLEMENTED BY THIS LAW
 
1. Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ 2009 L 93, p. 23).
2. Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ 2009 L 93, p. 33).