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In accordance with the decision of the Parliament:
This law provides for the submission of a criminal record and a financial penalty register to the Member State of the European Union of which the sentenced person is a citizen ( Member State of citizenship ) And the retention of the Finnish register of Finnish citizens submitted to Finland from another Member State.
In addition, this law provides for the transmission of the information referred to in paragraph 1 on the basis of a request for criminal proceedings, in order to fulfil the request of a private person or with the consent of the person concerned , including work or other activities involving minors, and the submission of a request for such information. (28/04/2013)
Council Framework Decision 2009 /315/JHA on the organisation and content of the exchange of information extracted from criminal records between Member States referred to in paragraphs 1 and 2, hereinafter referred to as: Framework decision , the central authority shall be responsible for the Legal Register Centre.
For the purposes of this law:
(1) Handling a criminal case The criminal investigation, prosecution, trial and execution of the criminal conviction;
(2) With a storage register A register of convictions handed down in another Member State concerning Finnish citizens in another Member State and registered in another Member State in accordance with this law;
(3) On the register A register of another Member State to record criminal convictions in accordance with the legislation of that Member State, as well as in Finland, a criminal record, a fine register and a registry.
Without prejudice to the obligation of professional secrecy, the Office of Justice shall, without prejudice to the obligation of professional secrecy, disclose information concerning the criminal register, the fines register and the storage register, in so far as they concern the judicial decisions of a natural person The offence of the offence as provided for in this Act.
The Legal Register Centre shall disclose the information referred to in paragraph 1:
1) Criminal registers entered in the criminal record (770/1993) The information referred to in paragraph 3;
(2) particulars of the name, identity or, if it is not available, on the date of birth, nationality, the date of the judgment, the date of the judgment, the name of the court, the name of the court, the date of the offence, the date of the offence, the date of the offence; The number of fines, the number of fines and the amount of the daily fines and the total amount of the fine;
(3) in the case of a decision in the form of a financial penalty, the Legal Register Centre may also disclose information entered in the national information system for the purposes of the national information system and the country and place of birth of the sentenced person; On behalf of the family, possible previous names, from the date on which the decision was taken by the law, the provisions of the law applied, the subsequent decisions changing the execution of the sentence and the number of the solution;
4) the information entered in the custody register in accordance with Article 9.
International legal aid within the meaning of this law shall, in addition to the provisions of this Act, apply to international legal assistance in criminal matters (1994) , as well as any specific international obligations imposed on Finland.
The cooperation between Finland and the other Nordic countries in the holding of a criminal record may be applied without prejudice to the provisions of this Act, which is expressly provided for or provided for.
Save as otherwise provided in this or other law, the confidentiality, transmission and protection of personal data shall be governed by the law of the public authorities (18/09/1999) As well as other processing of personal data (523/1999) .
The Court of Justice shall without delay transmit the information referred to in Article 3 on a decision relating to a national of another Member State in Finland, which has been imprinted with a criminal or financial register, the central authority of the Member State of nationality of the sentenced person. If it is known that the sentenced person is a national of several Member States, information must be provided to all Member States of nationality, even if the sentenced person is also a Finnish citizen.
The Court of Justice shall inform the central authorities of the Member States of the nationality Member States referred to in paragraph 1 without delay of any modification or deletion of any entry in the offence or penalty referred to in paragraph 1.
At the request of the central authority of the Member State of citizenship, the Centre shall forward copies of the solutions referred to in paragraphs 1 and 2, information on the measures followed and the additional information necessary to enable the Member State of nationality to: Consider whether they require national measures.
The data of the register shall not be submitted after a period of three years has elapsed since the date of the final judgment or the final decision of the final authority.
Where the Court of Justice provides information in accordance with Article 5 to the Member State of nationality, it must declare that the data transmitted may continue to be handed over to another State only for the purposes of criminal proceedings, the private person himself. , or with the consent of the person concerned, to carry out a mission involving work or other activities involving minors.
The data of the criminal and financial penalties shall be transmitted to the central authority of the other Member State by electronic means.
The Justice Register Centre maintains a registry. The storage register shall be kept for the purposes of retention of the data in order to continue to surrender to other Member States and to the Finnish authorities, as well as to the marking of criminal records as provided for in this Act.
The storage register shall contain:
(1) the name of the sentenced person, date of birth, state of birth and place of birth, sex, nationality and previous names;
(2) the identity number of the sentenced person or the type and number of the identity of the sentenced person;
(3) fingerprints taken from the judgment;
(4) the names of the parents convicted;
(5) any name or name of the sentenced person;
(6) the date of the judgment, the name of the court and the date on which the decision was taken;
(7) the date on which the judgment is based, the name of the offence and, where appropriate, the legal classification and the reference to the provisions of the applicable law;
(8) the penalty and possible accompanying sanctions, precautionary measures and subsequent decisions amending the sentence;
9) the reference number of the judgment;
(10) crime scene;
(11) the loss of justice due to the criminal conviction.
The storage register shall contain the information referred to in paragraph 1 as such and in so far as the other Member State has provided them. Where another Member State has provided information other than those mentioned in paragraph 1, they shall be entered in the depositary register if the information could be entered in the criminal record under Article 2 (3) of the Criminal Records Act.
The Legal Register Centre shall request information from the transmitted Member State with copies of the judgments in question, details of the measures followed and any additional information required.
If the supplying Member State has imposed conditions for the use of the data, this shall be entered in the depositary register.
If the conditions laid down in Article 2 (2) of the Criminal Records Act are met, the register shall be entered in the criminal record.
If the custody register contains a judgment in respect of which the conditions laid down in Article 2 (2) of the Criminal Records Act are not fulfilled, the record shall be entered in the criminal record that the registry contains information on such a judgment. In the absence of any other marking in the criminal record, the name, identification number and nationality of the person shall be entered in the criminal record.
The criminal record should also include the condition referred to in Article 9 (4).
The information entered in the storage register shall be kept secret. However, information may be disclosed from the storage register without prejudice to the obligation of professional secrecy laid down in this or other law, in accordance with paragraphs 2 to 5.
The Central Register Centre shall disclose information to the central authority of another Member State or to any other competent authority in accordance with Articles 14, 15 and 15a. (28/04/2013)
In addition, the Legal Register Centre may disclose to the prosecutor the information referred to in Article 9 (1), (1), (2) and (6) to (11) and the information referred to in Article 9 (1) entered in the depositary in the depositary register. In accordance with Article 4 (1) of the Criminal Registration Act. The prosecutor and the investigating authority may disclose the information received from the depositary to the court in so far as they are necessary for the handling of the pending criminal proceedings.
The Legal Register Centre shall also extradite information on financial penalties and the enforcement of the financial penalties applicable to the extract of the financial penalty register:
(1) the preliminary investigation authority for a preliminary investigation if the investigating authority has an equivalent right to obtain a financial penalty from the financial penalty register;
2) in accordance with Article 6 (3) (2) of the Criminal Records Act.
However, information shall not be disclosed in accordance with paragraph 2-4, provided that the supplying Member State has imposed conditions to prevent surrender.
Information on the storage register shall be handed over by a registry containing the information stored in the register for which the applicant is entitled, or an indication that there is no record of the person in the register. If the information on the judgment is entered in the criminal record in accordance with Article 10, the Legal Register Centre shall make this entry.
The information shall be deleted from the storage register or amended when the supplying Member State declares that it has deleted it from its own register or changed it in its own register.
A person's right to inspect the registration details of him shall be provided separately. In addition, the depositary shall have the right to be informed, on request, of whom and for what purpose he has been informed of the register held by automatic data processing in the last year.
At the request of the central authority of another Member State or any other competent authority, the Judicial Register Centre shall disclose the information referred to in Article 3 of the criminal record, the fine register and the depositary.
If the criminal record contains information entered in the custody register, the requesting Member State shall be provided only with the information entered in the registry.
The Court of Justice shall disclose to the central authority which requested the registry of another Member State for transmission to a private person, the information referred to in Article 3 of the criminal record, the fine register and the depositary register, as requested by the A private person would receive such information in a similar situation in accordance with Article 6 (1) to (5) of the Criminal Records Act. The information may also be disclosed to a private person for the purpose of carrying out a voluntary service consisting of working with minors, in accordance with the provisions of Article 6 (2) of the Criminal Code. Time. (28/04/2013)
If the criminal record contains information entered in the custody register, the requesting Member State shall be provided only with the information entered in the registry.
The Court of Justice shall, with the consent of the person concerned, transfer the information referred to in Article 3 of the criminal record, the fine register and the storage register requested by another Member State with the consent of the person concerned For the purposes of carrying out work or other activities involving minors, as is the case in the case referred to in Article 6 (2) of the Criminal Registry Act.
If the criminal record contains information entered in the custody register, the requesting Member State shall be provided only with the information entered in the registry.
The Court of Justice shall accept the request referred to in Articles 14, 15 or 15a sent by a central authority of another Member State if it contains the necessary information as referred to in the form annexed to the Framework Decision. The request shall be in electronic form or in another written form if it has not been possible to do so electronically. (28/04/2013)
The request shall be provided in Finnish, Swedish or English or be accompanied by a translation into one of the languages mentioned. The Legal Register Centre may also accept a request or translation of a non-Finnish, Swedish or English request or translation if there is otherwise no objection to approval.
If necessary, the Centre shall ensure translation of the request into Finnish or Swedish. If necessary, the Ministry of Justice will assist in translation.
The Centre shall provide the information referred to in Articles 14, 15 and 15a in its reply to the central authority of the requesting Member State or to another competent authority in accordance with the form annexed to the Framework Decision. (28/04/2013)
The reply to the Central Authority shall contain an indication that the requesting Member State is obliged to comply with the provisions of Article 9 of the Framework Decision on the use of personal data.
The reply shall be provided in Finnish or Swedish, or in any other language approved by the Legal Register Centre and the requesting Member State.
The answer will be in electronic form. If there is an obstacle to the transmission of an electronic reply, the answer may also be taken in another written form.
The Centre shall provide the information referred to in Article 14 in its reply to the central authority or other competent authority of another Member State without delay and within 10 working days of the date of receipt of the request.
If the Court of Justice has requested additional information, the information referred to in paragraph 1 shall be provided within 10 working days of the date of receipt of the additional information.
The information referred to in Articles 15 and 15a shall be transmitted to the central authority of another Member State within 20 working days of the date of receipt of the request. (28/04/2013)
For the purposes of criminal proceedings against a natural person, the Court of Justice shall submit to the central authority of another Member State a request for information on the disclosure of and related information to the central authority of the other Member State, where the Court of Justice, the Public Prosecutor, The investigating authority or the Criminal Sanctions Agency has requested it.
The court, the prosecuting authority and the investigating authority may also make the request referred to in paragraph 1 directly to the competent authority of another Member State as expressly provided for or provided for.
Where a private person who is a national of another Member State requests an extract from the criminal record in accordance with Article 6 (1) to (5) of the Criminal Records Act, the Legal Register Centre shall provide information on the release and related information To the central authority of the other Member State of which the person is a national.
Where the request referred to in paragraph 1 is made by a private person for whom it is known that he has been a resident of another Member State and is not otherwise available in that regard, the Legal Register Centre shall propose: A request to the central authority of the other Member State, of which the person has been resident, for the transmission of data and related information.
Legal Register Centre presents a law on the settlement of voluntary offences with children (148/2014) , a request to the central authority of another Member State for the transmission of data and related information when requested by the Legal Register Centre with the consent of the person concerned Under Article 6a of the Criminal Records Act, criminal records.
Where the request referred to in paragraph 1 relates to a person in respect of whom it is known that he has been a resident of another Member State and is not otherwise available in this regard, the Legal Register Centre shall propose: A request to the central authority of the other Member State, of which the person has been resident, for the transmission of data and related information.
The Centre shall submit its request referred to in Article 19, 20 and 20a to the central authority of another Member State in accordance with the form annexed to the Framework Decision. (28/04/2013)
The request shall be made in the official language or other language accepted by the requested Member State.
The request shall be made in electronic form. If there is an obstacle to the submission of an electronic request, the request may also be made in another written form.
On the basis of a request made pursuant to Article 19 (1), (20) or 20a of the second Member State, the data and related information submitted pursuant to Article 19 (1) shall be used only for the purposes of the criminal proceedings or for the purpose for which the information was requested, In accordance with the notification by the supplying Member State. (28/04/2013)
Notwithstanding paragraph 1, the information provided by another Member State may be used to counter an immediate and serious threat to public security.
If the information provided by another Member State in accordance with Article 1 (1) originates from Finland, by way of derogation from paragraph 1, the information to be used shall be governed by Finnish law.
This Act shall enter into force on 15 May 2012. Requests for disclosure of criminal records and related information submitted before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act.
In relation to a Member State which has not implemented the framework decision not later than the date of entry into force of this Act, the provisions in force at the date of entry into force of this Act shall apply until the Member State concerned has implemented the Framework Decision Implementation.
THEY 1/2012 , LaVM 3/2012, EV 24/2012, Council Framework Decision 2009 /315/JHA (32009F0315); OJ L 93, 7.4.2009, p.23This Act shall enter into force on 1 May 2014.
THEY 149/2013 , LaVM 16/2013, EV 194/2013