Act Amending The Aliens Act (Disclosure Of Information To The Public Prosecutor's Office, The Implementation Of The Sis Ii Regulation, Etc.) Reprinted Definitive Series

Original Language Title: Lov om ændring af udlændingeloven(Videregivelse af oplysninger til anklagemyndigheden, gennemførelse af SIS II-forordningen m.v.) Omtryk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122944

Act amending the Aliens Act

(Disclosure of information to the public prosecutor's Office, the implementation of the SIS II regulation, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In Act No. 431 of 1. June 2008 amending the Aliens Act. (Implementation of the regulation concerning the visa information system) is amended as follows: 1. section 1, nr. 2, is repealed.

2. In article 2, paragraph 2, the words ' 2 '.

§ 2

In the Aliens Act, see. lovbekendtgørelse nr. 808 of 8. July 2008, as amended by Act No. 431 of 1. June 2008, shall be amended as follows: 1. In article 2 (a) shall be inserted as paragraph 4-9: ' (4). The provisions of European Parliament and Council regulation concerning the visa information system (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) applies here in the country.

(5). The provisions of the European Parliament and of the Council amending the common consular instructions on visas for the diplomatic missions and consular posts in relation to the introduction of biometric characteristics, including provisions on the organisation of the reception and processing of visa applications, apply here in the country.

(6). Council decision concerning access for consultation of the visa information system (VIS) for the designated authorities in the Member States and to Europol for the purpose of the prevention, detection and investigation of terrorist offences and other serious criminal offences apply in this country.

(7). The Minister for refugees, immigration and integration Affairs may lay down rules on the recording of personal photograph and fingerprint of a foreigner applying for a visa to Denmark.

(8). By SIS II regulation for the purposes of this law regulation on the establishment, operation and use of the second generation Schengen information system (SIS II) with subsequent amendments.

(9). By SIS II for the purposes of this law the second generation Schengen information system. '

2. In paragraph 9 (c), paragraph 7, the words ' paragraph 5 ': ' paragraph 6 '.

3. In paragraph 9 (c), paragraph 8, the words ' paragraph 6 ': ' paragraph 7 '.

4. In section 10, paragraph 2, no. 4, the words ' Schengen information system ' SIS II ': ', and the ' Schengen Convention ' shall be replaced by: ' SIS II '.

5. section 19, paragraph 3 is replaced by the following: ' (3). A fixed-term or indefinite leave can always be withdrawn if a foreigner who is not a national of a Schengen country or a country that is connected to The European Union, reported to the SIS II as junk by virtue of the SIS II regulation in the light of the circumstances in this country could lead to expulsion after chapter 4. The same applies, if the alien is reported to the SIS II as junk, because the person is subject to restrictive measures in the form of restrictions on the entry and transit decided by the United Nations or The European Union. Withdrawal after 1. and 2. point is done after consultation pursuant to the Schengen Convention article 25 with the authorities in another Schengen country. '

6. In § 19 paragraph 10 is added: ' (10). By decisions on the withdrawal of a residence permit in accordance with paragraph 3, which is justified by the fact that the alien is reported to the SIS II as junk, because the person is subject to restrictive measures in the form of restrictions on the entry and transit decided by the United Nations or The European Union, considers the provision in section 26 (2) shall apply mutatis mutandis. '

7. In section 28 (1) (8). 6, the words ' Schengen information system ' SIS II ': ', and the ' Schengen Convention ' shall be replaced by: ' SIS II '.

8. In article 33, paragraph 3, 1. paragraph, the words ', however, is not a residence permit pursuant to section 9 a, paragraph 20 '.

9. In section 40 (a) (2). 3, the words ' or '.

10. In section 40 (a) (2). 4, the words ' concerned. ': ', or ' in question.

11. In paragraph 40 (a), paragraph 2, be inserted as nr. 5: ' 5) if the alien is covered by section 58 g. ' 12. In section 40 (a) shall be inserted as paragraph 10: ' paragraph 10. The inclusion of fingerprints must be so gentle, as circumstances permit. The procedure may be done with the appropriate use of force. '

13. In paragraph 40 (b) (2). 2, the words ', or ' to the question: ' concerned, '.

14. In paragraph 40 (b) (2). 3, the words ' concerned. ': ', or ' in question.

15. In paragraph 40 (b), paragraph 2, be inserted as nr. 4: ' 4) if the alien is covered by section 58 g. ' 16. In paragraph 40 (b) the following paragraph shall be inserted: ' paragraph 10 10. Recording of personal photograph must be so gentle, as circumstances permit. The procedure may be done with the appropriate use of force. '

17. In paragraph 42, paragraph 1, insert after no. 2 as a new number: ' 3) facilities for the use of pre-trial detention under section 35 (1) (8). 1, and paragraph 2, of the persons who have received the judgment and serving any sentenced, and which are merely remanded in custody in order to ensure the effective enforcement of the expulsion, '

No. 3 and 4 is then no. 4 and 5.

18. In article 42, paragraph 1, point (j). 4, there will be no. 5, the words ' no. 1-3 ' to: ' no. 1-4 '.

19. In section 45 c shall be added as paragraph 2 and 3: ' (2). The authorities referred to in paragraph 1 may also, at the request of the prosecution without the consent of the alien pass information from one or more cases under this Act, to the extent that disclosure is likely to have an impact on the public prosecutor's identification and prosecution of persons suspected of crimes can with an imprisonment of six years or more committed in or outside Denmark.

(3). The authorities referred to in paragraph 1 may also, at the request of the prosecution without the consent of the alien pass information from one or more cases under this Act, to the extent that disclosure is likely to have an impact on the public prosecutor's identification of the victims of or witnesses to a specific crime with a sentence of six years or more committed in or outside Denmark. '

20. In paragraph 58 (g) is added to paragraph 2: ' (2). Police can report an alien who is not a national of a Schengen country or a country that is connected to The European Union, as junk to SIS II, if the alien is subject to restrictive measures in the form of restrictions on the entry and transit decided by the United Nations or The European Union. '

§ 3 paragraph 1. The law shall enter into force on the 1. Mar 2009, jf. However, paragraph 2.

(2). Integration Minister shall determine the time of the entry into force of the Aliens Act, section 2 (a), paragraphs 4 to 9, article 10, paragraph 2, no. 4. Article 19, paragraph 3, article 19, paragraph 8, section 28 (1) (8). 6, § 40 (a), paragraph 2, article 40, paragraph 2 (b), and paragraph 58 (g) (2), as amended by section 2 of the Act, no. 1, 4, 5-7, 9-11, 13-15 and 20.

section 4 of the Act does not apply to the Faroe Islands and Greenland but may by Royal Decree in whole or in part is implemented in these regions with the variances, as the special Faroese or Greenlandic circumstances warrant.

Given at Marselisborg Palace, 27. December 2008 Under Our Royal hand and Seal MARGRETHE r./Birthe Rønn Hornbech