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How To Determine The Criminal Law Working With Children Background

Original Language Title: Laki lasten kanssa työskentelevien rikostaustan selvittämisestä

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Law on investigating the criminal offence of working with children

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In accordance with the decision of the Parliament:

ARTICLE 1
Purpose of the law

The purpose of this law is to protect the personal integrity of minors and to promote their personal safety. The law provides for a procedure for the investigation of the criminal offence of persons who choose to work with minors.

ARTICLE 2 (28.12.2012)
Scope

This law shall apply to work in an employment and post-office relationship with a permanent and integral part of the education, training, care or other care or other work of the unaccompanied minor Personal interaction with a minor.

The law shall also apply under the conditions laid down in paragraph 1:

(1) civil service (1446/2007) The civil service obligation referred to in Article 1;

(2) the law on public employment and business (916/2012) Chapter 4 The work of the person involved in the work experience referred to in Article 5;

3) the family carer (312/1992) The family care provided by the family manager referred to in Article 1;

(4) Law on private social services (2011) Of the service provider;

(5) Law on private health care (152/1990) The service provider; and

(6) in the Basic Education Act (18/08/1998) For the provision of services for morning and afternoon activities.

However, this law shall not apply to the tasks referred to in paragraphs 1 and 2, which for a period of one year do not exceed three months. In addition, a civilian service centre shall not be able to assign a person to tasks under this law if the person does not wish to receive such tasks.

A family nurse L 312/1992 Has been repealed by the Family Care L 253/2015 .

ARTICLE 3
Employer's obligation to ask for a criminal record to be seen

The employer must ask the person to see the criminal record (770/1993) An extract from the criminal record referred to in Article 6 (2) when a person is first admitted or appointed for a professional or administrative relationship with the tasks referred to in Article 2, or for the first time when a person is assigned these tasks. For the purposes of this Act, the employer also refers to a civil service centre within the meaning of Article 7 of the Civil Service Act and to the employment and business authority which concludes an agreement on a work trial. (28.12.2012)

If a criminal record is not available at the time of completion of a municipal or municipal office, the choice shall be made conditional and the choice of selection shall be determined only after the extract has been presented. Within a longer period within a period of 30 days or more than for a specific reason for the decision to be taken by the competent authority, the candidate selected shall be required to appear before the competent authority, at the latest, at the risk of the choice of: Otherwise, it falls apart. The decision to confirm or lapse the choice shall be decided by the authority or the lower implementing authority concerned by the selection of the conditional choice.

Civil Service Law (18/04/1994) In the cases referred to in Article 2 above, the appointment shall be subject to the appointment of a person at the request of the competent authority for access to the criminal record.

§ 4 (22/2011/932)
Criminal record for the private social services or private health service provider

Where a service provider of a private social service or a private healthcare service involves the provision of services to a minor, a request for authorisation by the Social and Health Agency or the regional administrative agency before the granting of an authorisation shall be requested: An extract from the criminal record referred to in Article 6 (2) of the Criminal Records Act, other than a person belonging to a contract of non-contract staff who has the functions referred to in Article 2.

The provisions of paragraph 1 shall also apply to the municipality of residence of a municipality which, after receiving the provisions of Article 11 of the Law on Private Social Services (186/1973) In accordance with Article 28 (1), request an extract from the criminal record of the person without delay.

The extract referred to in this Article shall also be requested before the person specified in the application for authorisation or the declaration is taken on the tasks referred to in Article 2. The service provider shall inform the Social and Health Authorisation and Control Agency, the Regional Administrative Agency or the municipality.

§ 5
Family nurse's criminal record

If the contract of order referred to in Article 1 of the Family Care Act concerns the provision of family care to a minor, the municipality or group of municipalities before the contract is to conclude a contract for the purposes of Article 6 (2) of the Penal Code From the criminal record.

A family nurse L 312/1992 Has been repealed by the Family Care L 253/2015 .

§ 5a (19/122003/1138)
Criminal record for morning and afternoon action

If the municipality or the municipal group acquires services from public or private services to the public or private service provider for the purposes of the Basic Education Act, the municipality or the municipality of municipalities shall request the person exercising the functions referred to in Article 2 (1). Without delay, the criminal record referred to in Article 6 (2) of the Criminal Registration Act, unless the person carries out these tasks in relation to the service provider. The extract from the criminal record shall also be requested before the person specified in the contract is entered in the tasks referred to in Article 2. The service provider shall inform the municipality or group of municipalities concerned.

ARTICLE 6
Periods of validity of the criminal record

In order to establish a criminal record, the criminal record presented under this law shall not be six months older.

§ 7
Indicate the presentation of the criminal record and the return of the extract

Only particulars to appear on the identity of the person who submitted the registration document and the identity of the extract are obtained. The employer or any other person who has received a criminal record under this law shall not take a copy of it. The criminal record shall be returned to the person who introduced the extract without delay.

§ 8
Professional secrecy

Information in the form of a criminal record shall not be disclosed to anyone other than those who are necessarily in need of a decision as to whether or not they are subject to the tasks covered by this law. Information covered by professional secrecy may not be disclosed to a bystang after a person is no longer in charge of the task in which he or she has been informed.

§ 9
Search declaration

Where the tasks referred to in this Act are reported to be submitted, the notice of application shall indicate that the person to be taken must present the criminal record referred to in Article 6 (2) of the Criminal Records Act.

ARTICLE 10
Penalty provisions

Every deliberate or gross negligence

(1) in breach of the obligation laid down in Articles 3, 4 or 5 to request an extract from the criminal record referred to in Article 6 (2) of the Criminal Records Act;

(2) in breach of the obligation laid down in Article 4 (3) to inform the regional administrative authority or the municipality of any person other than the person specified in the application for authorisation or in the notification; or (22/1525)

(3) infringes the obligation laid down in Article 7 without delay to return the extract of the criminal record to the person who introduced the extract;

Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, I am in breach of a criminal investigation. Fine. The liability of the employer or his representative shall be governed by the (39/1889) Article 7 (7) Based on the criteria laid down.

The penalty for breach of the obligation of professional secrecy laid down in Article 8 Chapter 38 of the Criminal Code 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or otherwise, the law provides for a heavier penalty.

Punishment for the offence of personal registration Article 9 of Chapter 38 of the Criminal Code -In.

ARTICLE 11
Entry into force

This Act shall enter into force on 1 January 2003.

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

Entry into force and application of amending acts:

19.12.2003/1138:

This Act shall enter into force on 1 April 2004.

THEY 57/2003 , EV 88/2003,

28.12.2007/1449:

This Act shall enter into force on 1 January 2008.

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

22.12.2009/1525:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

22.7.2011/932:

This Act shall enter into force on 1 October 2011.

THEY 302/2010 , StVM 56/2010, EV 342/2010

28.12.2012:

This Act shall enter into force on 1 January 2013.

THEY 133/2012 , TaVL 41/2012, PLL 32/2012, TyVM 7/2012, EV 163/2012