Advanced Search

The Criminal Records Act

Original Language Title: Rikosrekisterilaki

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Criminal record law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Purpose and information of the criminal record
ARTICLE 1

The Legal Register Centre shall maintain a criminal record as provided for in this Act. (26/09/98)

The criminal record shall be collected, deposited and disclosed for the purpose of determining and implementing criminal penalties.

The records of the criminal record may also be used for the purposes of determining and assessing the integrity or the personal fitness of a person.

ARTICLE 2

On the basis of statements by the courts, the criminal record shall contain information on the solutions for which the person is sentenced in Finland to unconditional imprisonment, supervision, community service, conditional imprisonment, suspended prison sentence In the form of fines, community service or surveillance, juvenile punishment, instead of juvenile punishment, in fines, suspension or exclusion of criminal law (39/1889) Section 4 of Chapter 3 (1) or (2) shall not be punishable. However, the criminal record does not include information on the conversion of the fine and the civil service (1446/2007) Or compulsory military service (1438/2007) Of the sentence of imprisonment or of the control of the supervision. The criminal record shall also contain information on the solutions in which the legal person has been sentenced to the Community penalty. (8.4.2010)

In addition, the criminal record shall contain information on court solutions in which a Finnish citizen and a foreigner permanently resident in Finland have been convicted of a penalty equivalent to the penalty referred to in paragraph 1. The criminal record shall be entered in the criminal record if the judgment is issued in another Member State of the European Union, the Nordic countries, the European Convention on Mutual Assistance in Criminal Matters (Treaty Series 30/1981). In the State or in the rest of the judgment, it has become official in the criminal record. The Legal Register Centre shall consider whether or not a sentenced person is liable for a penalty imposed on a criminal record in Finland under Article 1 (1). (17/02/2015)

The criminal record shall contain the following information:

(1) name and previous names, identification number or, if not available, date of birth, state of birth and place of birth, sex and nationality;

(2) the name of the court, the date of adoption and the number of the solution;

(3) the offence committed, where applicable, the legal classification of the offence and the time of the offence, the penalty and the provisions of the law applied;

(4) the imposition of a joint prison sentence;

(5) the validity of the solution and the date on which the solution was obtained;

(6) the enforcement of conditional imprisonment;

(7) the enforcement of the residual penalty;

(8) the execution and conversion of juvenile punishment;

(9) the execution and conversion of community service to imprisonment;

(10) exemption from control, the outstanding residual sentence, the end of the probation period and the conversion of the control sentence into imprisonment;

(11) the release of prison, the outstanding residual sentence and the end of the probation period;

12) amnesty.

(17/02/2015)

In addition to the information referred to in points (2), (5) and (12) of the criminal record, in addition to the information referred to in Article 3 (2), (5) and (12), the Community fine shall be entered in the criminal record: the name, the company and the Community logo, the domicile, the offence against which the legal person has legal personality; Condemned to the community harvest, its time of work and the amount of the Community fine. Information on the payment of the Community fine shall not be recorded. (17/02/2015)

The criminal record also provides for the retention and transmission of criminal record data between Finland and the other Member States of the European Union (214/2012) (hereinafter ' the EU criminal record law , the entry referred to in Article 10 (2). (17/02/2015)

§ 2a. (14.5.2010/377)

The court or tribunal shall notify the decision referred to in Article 2 by indicating the information relating to it in the system of decisions and decisions of the national system of judicial administration. The provisions of the Act on the national information system of the judicial system shall apply to the award of the subscription (192/2010) And is provided for.

Transfer of information from the criminal record
ARTICLE 3

The information entered in the criminal record must be kept secret. Data from the register shall be given as provided for in this Act.

§ 4

Notwithstanding the obligation of professional secrecy laid down in Article 3 or any other law, a criminal record may be obtained from the criminal record: (16 FEBRUARY 2001)

(1) the proceedings pending before the Court;

1a) For the purposes of a mental examination or assessment of a suspected or accused person or accused person of health and welfare; (14.5.2010/377)

(2) the prosecution, prosecution and coercive measures; (13/05/453)

3) to the Criminal Sanctions Agency for the purposes of the execution of the sentence and the aptitude report, as well as to the relevant official of the Ministry of Justice for the presentation of amnesty matters; (8.4.2010)

(3a) to the Office of the Regional Administrative Board of Southern Finland, in accordance with the law on the prevention of money laundering, in order to ascertain the background to the persons responsible for reporting companies; (19/04/2013)

(4) the Attorney General of the Government and the Parliamentary Ombudsman for the purpose of enforcing the law; and

5) to the investigating authority for the purposes of coercive measures.

The criminal record shall be transmitted upon request to the competent authority of another Member State of the European Union, as provided for in the EU criminal record, and to the authority of a foreign State, as provided for in Article 13 of the European Convention on Mutual Assistance in Criminal Matters or expressly provides for or provides for it. (17/02/2015)

Paragraph 3 has been repealed by L 26.11.1999-1093 .

The information relating to the legal person shall be disclosed to the other authority referred to in paragraph 1 than to the Criminal Sanctions Agency. (8.4.2010)

§ 4a (26/09/98)

In addition to the provisions of Article 4, information on the person concerned from the criminal record shall be made available to the Finnish authorities in the case of:

1) Passport, Finnish citizenship or foreign law (1999) For a visa, authorisation or other measure;

(1a) Security clearance law (26/2014) To carry out a safety report; (19/04/2013)

(2) the authority's authorisation or approval, subject to the reliability of the person;

(3) the choice of a person for training or for a post relating to State security, public order and security, diplomatic services, the international relations of Finland, the rule of law, central banking or money-making, and Which requires a person's particular reliability;

4) safety oversight; and

5) the child's custody or adoption. (17/02/2015)

The Ministry of Justice may, for compelling reasons, authorise the transmission of information from the criminal record to the Authority for the purpose of determining and evaluating the person's reliability, other than in the case referred to in paragraph 1.

The authority shall inform the person that the information concerning him may be requested from the criminal record for the purposes of the case referred to in paragraph 1. However, the notification does not need to be made if the person concerned can be expected to know otherwise.

What is provided for in this section of the authority, including in the law of adoption (22/2012) The office of adoption. (17/02/2015)

Foreigns 378/1991 Has been repealed by the Foreign Affairs 301/2004 .

§ 5 (17/02/2015)

Information on the criminal record shall be handed over by a criminal record containing the particulars of the person entered in the register or stating that there is no record of the person in the register. An extract of a similar substance shall be delivered from the legal person. Where the information on the decision has been obtained in accordance with Articles 20 or 20a of the EU Penal Register or in the custody register referred to in that Act, the information contained in the criminal record shall be entered in the criminal record. However, the entry of a criminal record shall not include information contained in the criminal record of the provisions of the law applied, nor any information whose marking prevents the condition referred to in Article 9 (4) of the EU Penal Register set by another Member State. In the case of a criminal record, the information referred to in Article 2 (5) of this Act shall be recorded only if the extract of the criminal record is issued under Article 4 (1) to the prosecutor or the investigating authority. (28/04/2013)

For the purposes laid down in Articles 4 and 4a, the Court of Justice may disclose information to the authorities referred to in Articles 4 and 4a, including in the form of an electronic form or through the use of a technical service, if it is The need for use and the necessary protective measures. The information referred to in Article 2 (5) may only be disclosed to the prosecutor or the investigating authority.

ARTICLE 6 (17/02/2015)

A private person receives an extract from the criminal record for a visa, a work permit, a residence permit or any other comparable cause. In addition, a private person receives an extract from the criminal record to be presented to a foreign authority or other institution for adoption. The extract shall also be entered in accordance with Article 20 of the EU criminal record law against a decision in which he has been convicted in another Member State for a penalty equivalent to the penalty referred to in Article 2 (1) of this Act.

In addition to the provisions of paragraph 1, a private person receives an extract from the criminal record of the criminal record of the criminal record (504/2002) in Article 2 For the purposes of the mission. It shall contain information on the decision in which he has been convicted Chapter 17 of the criminal code 18, 18 (a) or 19, for an offence of a sexual nature as referred to in Article 19, Chapter 20 of the criminal code In accordance with Article 2 (1) of Chapter 21, under Article 2 of Chapter 21, under Article 3 of Chapter 25, of the offence under Article 3 of Chapter 25, of human trafficking or of serious human trafficking pursuant to Article 3 (a), Chapter 31, Section 2, § in the case of serious robbery or drug related offences referred to in Chapter 50. It shall also contain information on the decision authorising him, on the basis of the provisions in force before the entry into force of the above provisions, to commit the offence referred to above. In addition, information on the product Chapter 17 of the criminal code Articles 18, 18a, 19, 20 or 25 (3) or (3) or (3a) of Chapter 25 of the Act concerning the implementation of the fine (672/2002) In the case of a fine referred to in paragraph 1. (28/04/2013)

The particulars referred to in paragraph 2 shall also include:

(1) a decision which, pursuant to Article 2 (2), is entered in the criminal record and where the person has been convicted of a crime corresponding to the offence referred to in paragraph 2 of this Article;

(2) a decision which is entered in a depositary register within the meaning of the EU Penal Register, where a Finnish citizen has been convicted in another Member State; Chapter 17 of the criminal code Articles 18, 18a or 19, in Chapter 20, or the offence referred to in Article 25 (3) or (3) or (3a) of Chapter 25;

(3) the decision taken pursuant to Articles 20 or 20a of the EU criminal record law and which has been convicted in another Member State of the penalty referred to in Article 2 (1) of this Act for an offence corresponding to the offence referred to in paragraph 2 of this Article; An equivalent sanction or Chapter 17 of the criminal code Articles 18, 18a or 19, in Chapter 20, or the offence referred to in Article 25 (3) or (3) or (3a) of Chapter 25;

(4) a decision which is entered in a depositary register within the meaning of the EU criminal record or obtained pursuant to Articles 20 or 20a of the EU Penal Code and which has imposed a prohibition on working or otherwise dealing with minors.

(28/04/2013)

The person receives a extract from the criminal record from the criminal register as referred to in paragraph 2, in order to be able to operate a visual programme (17/10/2011) In the form of a descriptive programme. In this case, in addition to the information referred to in paragraphs 2 and 3 above, information on the decision on which he has been convicted shall be recorded. Article 17 of Chapter 17 of the Penal Code The dissemination of a description of the violence, or Article 18b of Chapter 17 of the Penal Code Of an image programme for the purpose of unlawful presentation or dissemination of a child.

In addition, a student receives an extract from the criminal record of a person referred to in paragraph 2, in order to be able to learn or study at work or in the course of a traineeship which is essentially part of the work of the student. In the case of minors, where they are required to submit, if requested, to the training provider or to higher education establishments (30/1998) , the law on adult education (1998) , the professional university (2004) Or university law (558/2009) Included. The sample is free.

In the case of the extract referred to in paragraphs 1 to 5, the purpose for which it is required shall be indicated. The sample referred to in paragraphs 2 to 5 shall be transmitted only to the person concerned.

The criminal record shall be disclosed to the central authority of the other Member State of the European Union on the basis of a request made to the central authority of the other Member State, as provided for in Articles 15 and 15a of the EU Criminal Records Act. (28/04/2013)

A person's right to inspect the registration details of him shall be provided separately. In addition, the criminal record is entitled to information on who and for what purpose he has been informed of the register in the case of automated data processing in the last year. Anyone who has the right to write the name of a legal person shall, irrespective of the method of keeping the register, have the same right of access to the register and the right to obtain an extract from the register.

Professional higher education 351/2003 Has been repealed by the Professional Higher Education 932/2014 . See for example the protection of personal data. Personal Data L 52/1999 , L concerning the processing of personal data in the police 761/2003 , L concerning the processing of personal data in the Border Guard 579/2005 And L processing of personal data in the Criminal Sanctions Agency 10/2015 . See the right to write a legal person's name ProkuraL 130/1979 .

§ 6a (28/04/2013)

Law on the settlement of voluntary criminal activities with children (148/2014) Shall receive the extract referred to in Article 6 (2) of this Act, subject to the conditions laid down by that law.

§ 7

In addition to the provisions of Article 6 (2), a criminal record may only be entered in a register of the information referred to in Article 2 deposited in the register, as specified in the General Council Regulation. (14.6.2002/505)

The criminal register shall indicate for which purpose it has been assigned.

Notwithstanding the purpose of a criminal record, a private person may lodge a criminal record under Article 6 (2) or (5) or Article 6a when he is being elected to any of the The tasks referred to in points of law. (28/04/2013)

§ 8 (17/02/2015)

The criminal record shall be transmitted to another Member State of the European Union in accordance with Article 5 of the EU Criminal Registry Act and to a State party to the European Convention on Mutual Assistance in Criminal Matters, which is not a European The Member State of the Union, in accordance with Article 22 thereof. Moreover, the extradition of information extracted from the criminal record to another Nordic country is regulated by a regulation.

Following the entry into the criminal record of a State party to the European Convention on Mutual Assistance in Criminal Matters, which is not a Member State of the European Union, the Centre shall, without delay, inform Information on the label to the authorities of this State.

§ 9 (26/09/98)

The Centre of Justice may release information from the criminal record for scientific research or statistical purposes or for the purpose of planning or liquidation of the authority, where the transfer and use of the data does not endanger the privacy of the data subject or His interests or interests, or the security of the State.

Withdrawal from the criminal record
ARTICLE 10

The criminal record shall be deleted

(1) suspended imprisonment, conditional imprisonment, community service or control, juvenile punishment, obstruction of justice in place of juvenile punishment, suspension of office and community fine after five years;

(2) imprisonment of up to two years' imprisonment, surveillance and community service after ten years; and (8.4.2010)

(3) the imprisonment of more than two and a maximum of five years; and Article 4 of Chapter 3 of the Penal Code On the basis of paragraphs 1 and 2, in 20 years' time, the penalty not to be punished (9.7.2004)

From the date of issue of the judgment.

(14.06.2001/523)

However, information on the individual penalty shall not be deleted if the person concerned has information in the criminal record which cannot yet be deleted pursuant to paragraph 1. However, all data concerning a person is deleted from the criminal record when the person concerned is dead or 90 years after his birth. The pardon decision does not affect the removal of criminal records.

Information on sanctions convicted abroad shall be deleted in accordance with the provisions laid down in paragraph 1. However, information on penalties convicted in another Member State of the European Union shall be deleted if the supplying Member State declares the deletion of the penalty information from its own register. (17/02/2015)

Miscellareous provisions
ARTICLE 11

The court or other authority shall not disclose the extract of the criminal record or any information contained therein to any of the parties to the proceedings for which the extract has been obtained, or to another court in the same case, or Authority.

ARTICLE 12

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

Entry into force
ARTICLE 13

This Act shall enter into force on 1 October 1993 and repeals the criminal record regulation of 19 December 1940. (70/40) With its subsequent modifications.

At the time of entry into force of the Act, the criminal record shall contain information under earlier provisions on persons convicted of a sentence or penalty of punishment as referred to in Article 2.

Paragraph 10 of this law provides for the deletion of information from the criminal record, including information which is entered in the criminal record when the law enters into force. The criminal record shall be removed from the criminal record, as in the same length of imprisonment.

THEY 368/92 , LaVM 8/93

Entry into force and application of amending acts:

22.12.1995/1639:

This Act shall enter into force on 1 January 1996.

THEY 197/95 , LaVM 13/95, EV

12.12.1996/1061:

This Act shall enter into force on 1 January 1997.

THEY 109/1996 , LaVM 16/1996, EV 206/1996

26.11.1999/1093:

This Act shall enter into force on 1 January 2000.

However, Article 4a (3) of this Law shall not apply if the case referred to in Article 4a (1) has been initiated before the law enters into force.

THEY 8/1999 , LaVM 4/1999, EV 34/1999

16.2.2001/141:

This Act shall enter into force on 1 August 2001.

THEY 136/2000 , LaVM 13/2000, EV 212/2000

14.6.2001/523:

This Act shall enter into force on 1 September 2001.

On the same day, the remaining conditional ticket entries shall be deleted from the criminal record.

THEY 177/2000 , LaVM 8/2001, EV 46/2001

8.3.2002/180:

This Act shall enter into force on 1 September 2002.

THEY 43/2001 , HR 26/2001, EV 197/2001

14.6.2002/505:

This Act shall enter into force on 1 January 2003.

THEY 3/2002 TyVM 1/2002, EV 61/2002

9.7.2004:

This Act shall enter into force on 1 August 2004.

THEY 34/2004 , LaVM 4/2004, EV 82/2004 Council Framework Decision 2002 /629/YOS; OJ L 203, 1.8.2002, p. 1, Council Framework Decision 2002 /946/jha, OJ L 328, 5.12.2002, p. 1, Council Directive 2002/90/EC; OJ L 328, 5.12.2002, p. 17, Council Framework Decision 2004 /68/CFS; OJ L 13, 20.1.2004, p. 44

28.12.2007/1458:

This Act shall enter into force on 1 January 2008.

THEY 140/2007 , TyVM 9/2007, EV 132/2007

14.5.2010/377:

This Act shall enter into force on 1 December 2010.

Before the Supreme Court has acceded to the national system of judicial administration, it shall forward the information referred to in Article 2a by sending a copy of its decision to the Legal Register Centre, unless the Ministerial Decree provides for: The transmission of information by other means.

THEY 102/2009 , LaVM 2/2010, EV 21/2010

8.4.2011/331:

This Act shall enter into force on 1 November 2011.

Before the law enters into force, measures may be taken to implement the law.

THEY 17/2010 , LaVM 30/2010, HVL 30/2010, EV 266/2010

13/05/2015:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010

20.5.2011/543:

This Act shall enter into force on 1 October 2011.

THEY 282/2010 , LaVM 43/2010 EV 364/2010

17.6.2011/714:

This Act shall enter into force on 1 January 2012.

THEY 190/2010 , SiVM 13/2010, EV 348/2010

12.8.2011/955:

This Act shall enter into force on 1 January 2012.

Before the law enters into force, action can be taken to enforce the law.

THEY 164/2010 , SiVM 14/2010, EV 370/2010

2.12.2011/1206:

This Act shall enter into force on 1 January 2012.

Before the entry into force of this Act, the provisions of the provisions in force at the time of entry into force of the Act shall apply.

Before the law enters into force, action can be taken to enforce the law.

THEY 48/2011 , LaVM 6/2011, EV 40/2011

20 JANUARY 2012 TO 27:

This Act shall enter into force on 1 July 2012.

This law has been repealed by L 11.5.2012/216 , valid from 1 July 2012.

Before the law enters into force, action can be taken to enforce the law.

THEY 47/2011 , LaVM 9/2011, EV 84/2011

11.5.2010:

This Act shall enter into force on 15 May 2012. However, Article 4a (1) (5) and (4) shall not enter into force until 1 July 2012.

THEY 1/2012 , LaVM 3/2012, EV 24/2012, Council Framework Decision 2009 /315/JHA (32009F0315); OJ L 93, 7.4.2009, p.23

11.5.2012/16:

This Act shall enter into force on 1 July 2012.

THEY 1/2012 , LaVM 3/2012, EV 24/2012, Council Framework Decision 2009 /315/JHA (32009F0315); OJ L 93, 7.4.2009, p.23

28.02.2014/149:

This Act shall enter into force on 1 May 2014.

THEY 149/2013 , LaVM 16/2013, EV 194/2013

19 SEPTEMBER 2014/733:

This Act shall enter into force on 1 January 2015.

THEY 57/2013 , HVM 16/2014, EV 79/2014