Law on the Central Register and the Education Register (Bundeszentralregistergesetz-BZRG)

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BZRG

Date of completion: 18.03.1971

Full quote:

" Bundeszentralregistergesetz (Federal Central Register Act) in the version of the Notice of 21 September 1984 (BGBl. I p. 1229, 1985 I p. 195), most recently by Article 2 (4) of the Law of 21 January 2015 (BGBl. 10) has been amended "

Status:	New by Bek. v. 21.9.1984 I 1229, 1985 I 195
	Last amended by Art. 2 sec. 4 G v. 21.1.2015 I 10

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.6.1976 + + +) 

  

Part one
Register Authority

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§ 1 Federal Central Register

(1) For the scope of this law, the Federal Office of Justice shall carry out a central register and an educational register. (2) The more detailed provisions shall be taken by the Federal Ministry of Justice. Insofar as the provisions relate to the collection and processing of the data as well as the exchange of information, they shall be adopted by the Federal Government with the consent of the Federal Council. Unofficial table of contents

§ 2 (omitted)

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Part two
The Central Register

First section
Contents and management of the register

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§ 3 Contents of the register

The register shall be entered in the register

1.

criminal convictions (§ § 4 to 8),

2.

3.

Decisions of administrative authorities and courts (§ 10),

4.

Endorsements of insolvency (§ 11),

5.

Legal findings pursuant to § 17 para. 2, § 18,

6.

Subsequent decisions and facts relating to one of the entries referred to in points 1 to 4 (§ § 12 to 16, § 17 (1)).

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§ 4 Convictions

The final decisions to be taken by a German court within the scope of this law for an illegal act shall be entered in the register.

1.

upon punishment,

2.

a measure of improvement and security,

3.

to warn anyone under § 59 of the Criminal Code with a criminal reservation, or

4.

According to § 27 of the Law on Juvenile Justice, the guilt of a young person or adolescent

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§ 5 Content of the registration

(1) To be added

1.

the personal data of the person concerned, including the name of the birth, the surname, the first name, the sex, the date of birth, the place of birth, the nationality and the address, and any other personal data,

2.

the decisive point, including the business number,

3.

the day of the (last) act,

4.

the date of the first judgment; in the case of criminal orders, the day of the first judgment is the date of signature by the judge; if an opposition has been filed against the criminal order, the day of the decision taken on the opposition shall be the day of the first judgment. judgment, except where the objection has been rejected,

5.

the day of legal force,

6.

the legal name of the act of which the convicted person has been found guilty, indicating the criminal provisions applied,

7.

the penalties imposed, the sentence reserved pursuant to section 59 of the Criminal Code and all the measures taken by law or in the decision, in addition to a penalty or in addition to acquittal or self-employed or reserved measures (§ 11 Paragraph 1 (8) of the Criminal Code) and minor consequences.

(2) The order of education measures and breeding funds, as well as of minor penalties and minor consequences, which have been recognised in the case of juvenile justice, shall be entered in the register if they are subject to a guilty verdict in accordance with § 27 of the (3) If a fine is recognized, the number of daily rates and the amount of a daily rate must be entered. If a financial penalty is recognized, the amount and duration of the replacement shall be entered. Unofficial table of contents

§ 6 Total penalty and single penalty

If a total penalty is subsequently formed from several individual penalties, or a uniform juvenile penalty is fixed, it shall also be entered in the register. Unofficial table of contents

Section 7 Suspension to parole

(1) Where the execution of a sentence or a measure of improvement and security is suspended for probation, this shall be entered in the register. In so doing, the end of the period of probation or supervision must be noted. (2) If the court has placed the convicted person under the supervision and direction of a probation officer in accordance with Section 56d of the Penal Code, then this decision must also be taken. (3) If a person is warned with a criminal reservation (§ 59 of the Criminal Code) or if the decision to impose a juvenile penalty is suspended (Section 27 of the Juvenile Court Act), the end of the probation period shall be entered. Unofficial table of contents

§ 8 Lock for driving licence

If the court has ordered a ban (section 69a of the Criminal Code), the date of its expiry shall be entered in the register. Unofficial table of contents

§ 9

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Section 10 Decisions of administrative authorities and courts

(1) In the register, the enforceable and the decisions of an administrative authority which are no longer subject to appeal shall be entered by means of:

1.

is required by a German authority to remove a member of a force or a civil suit of the stationing forces under Article III (5) of the NATO troop statute,

2.

a passport is denied, revoked or limited in its scope, or arranged, that an identity card does not entice him to leave the territory of the territory of the Basic Law on a foreign border,

3.

a)

in accordance with the Weapons Act prohibiting the possession and acquisition of weapons and ammunition,

b)

the issuing of a gun possession card, a certificate of ammunition, a certificate of weapons, a hunting licence or a licence pursuant to section 27 of the Explosives Act for unreliability or lack of personal suitability, or in accordance with § 34 of the German Explosives Act Explosives Act, is withdrawn or revoked.

(2) The registers shall also include the enforceable decisions of an administrative authority and the decisions which cannot be appealed against, as well as final judicial decisions which result in unreliability, inadequacy or unworthiness.

1.

a request for admission to a profession or trade refused or a granted permit withdrawn or revoked,

2.

prohibits the exercise of a profession or business;

3.

revoke the power to recruit or train apprentices, or

4.

prohibit the employment, supervision, instruction or training of children and young people

if the decision is not to be entered in the commercial register in accordance with Section 149 (2) (1) of the Commercial Code; if the decision is not directed against a natural person, the registration shall be made with the authorised representative. the natural person who is unreliable, unsuitable or unworthy. (3) If a fully-able decision entered in accordance with paragraph 1 or 2 becomes indisputable, this shall be entered in the register. Unofficial table of contents

§ 11 Insolvency

(1) To be entered in the register

1.

Judicial decisions and orders of a law enforcement authority through which criminal proceedings for proven or non-convicted insolvency or non-negotiable inability to negotiate without conviction or conviction is completed,

2.

Court decisions to order the application of the Public Prosecutor's Office to order a measure of improvement and security (§ 413 of the Code of Criminal Procedure), on the grounds that the accused has a significant degree of unlawful acts are not to be expected, or that he is nevertheless not dangerous to the general public,

provided that the decision or decision has been taken on the basis of the opinion of a medical expert and that the opinion is no older than five years in the decision. The date of the opinion shall be entered. The public prosecutor's office shall be registered if, on the basis of certain facts, it is to be assumed that further investigations would lead to the imposition of the public action. § 5 shall apply accordingly. (2) The register authority shall inform the person concerned of the registration. (3) Paragraph 1 shall not apply if only the lack of responsibility of a young person is (§ 3 of the Juvenile Justice Act) is or cannot be ruled out. Unofficial table of contents

§ 12 Admission decisions in accordance with general criminal law

(1) To be entered in the register

1.

the subsequent suspension of the sentence, of a criminal offence or of a measure of improvement and security; in so doing, the end of the period of probation or of the supervision of the management must be noted,

2.

the subsequent subposition of the convicted person under the supervision and management of a probation officer, as well as the abbreviation or extension of the probation period or the management supervision,

3.

the remission or partial remission of the penalty;

4.

the transfer of the perpetrator into the enforcement of another measure of improvement and security,

5.

the revocation of the suspension of a sentence, of a criminal offence or of a measure of improvement and security of probation and of the revocation of the penal decree;

6.

the abolition of the submission under the supervision and management of a probation officer;

7.

the day of the expiry of the loss of capacity, eligibility and voting and voting rights,

8.

the early lifting of the ban on the issue of driving licences,

9.

Decisions concerning a reserved protection,

10.

the subsequent placement of the accommodation in the security custody.

(2) If the reserved penalty is recognized after a warning with a reservation of penalty, this decision shall be entered in the register. If, after the expiry of the period of probation, the court finds that it has been the subject of the warning (Section 59b (2) of the Criminal Code), the registration shall be removed from the register on the basis of the warning with a reservation of penalty. Unofficial table of contents

§ 13 Adputable decisions in accordance with juvenile justice

(1) To be entered in the register

1.

the suspension of the youth penalty on probation by decision, which shall be the end of the period of probation,

2.

the suspension of the criminal law; the end of the period of probation shall be noted,

3.

the abbreviation or prolongation of the probation period,

4.

the remission or partial remission of the youth penalty,

5.

the removal of the penalty,

6.

the revocation of the suspension of a juvenile sentence or of a criminal offence and of the removal of the penalty.

(2) If, pursuant to Section 30 (1) of the Juvenile Justice Act, a juvenile sentence is recognized, it shall also be entered in the register; Section 7 (1) shall apply accordingly. The registration of a guilty verdict shall be removed from the register if the guilty verdict

1.

In accordance with Section 30 (2) of the Juvenile Justice Act, or

2.

In accordance with Section 31 (2), Section 66 of the Juvenile Justice Act, a decision to be entered in the educational register shall be included.

(3) The registration of a conviction shall be removed from the register if it is included in a decision to be entered in the educational register. Unofficial table of contents

§ 14 Gnadenically and amnesties

Register shall be entered in the register

1.

the suspension of a penalty entered in the register or a measure of improvement and security as well as its revocation; if a period of probation is fixed, the end of the term shall also be remarked,

2.

the subdivision of the convicted person under the supervision and management of a probation officer, as well as the abbreviation or prolongation of the probation period,

3.

the remission, the partial remission, the reduction or the conversion of a penalty entered in the register or a measure of improvement and security, as well as the re-presentation of the abilities and rights of the convicted under the Criminal Law, had lost the conviction,

4.

the lifting of the submission under the supervision and management of a probation officer.

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Section 15 Registration of enforcement and deprivation of liberty

If a custodial sentence, a criminal remnate, a juvenile sentence or a measure of improvement and security, with the exception of the ban on the issue of a driving licence, is to be enforced, the date shall be entered in the register,

1.

where the execution of the custodial sentence, the criminal remnant, the juvenile sentence or the measure of improvement and security ends, or is carried out in any other way,

2.

where, after a suspension of the deprivation of liberty, actually ends and

3.

on which a custodial sentence and a measure of improvement and security, which are to be enforced on the basis of a decision, shall begin or end.

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Section 16 Resumation of the procedure

(1) The register shall be entered in the final decision by which the court orders the retrial for a conviction which is subject to registration (Section 370 (2) of the Code of Criminal Procedure). (2) The final decision shall be taken in the register. the re-admission procedure (§ § 371, 373 of the Code of Criminal Procedure) has become legally binding, the entry in accordance with paragraph 1 shall be removed from the register. If the decision is to uphold the earlier judgment, it shall be recorded in the register. Otherwise, the decision taken on the new main negotiation shall be entered in the register if it contains a conviction which is subject to registration, and the previous entry is removed from the register. Unofficial table of contents

Section 17 Other decisions and judicial findings

(1) If the execution of a sentence, a criminal act or the placement in a descaling establishment pursuant to § 35-also in connection with § 38-of the Narcotics Act, is returned, this shall be entered in the register. In this connection, it must be noted that the date on which enforcement has been completed. If a later date is fixed or the revocation of the execution is revoked, this shall also be communicated. (2) If a custodial sentence of not more than two years is recognized and the court has established that the convicted person shall not be held liable for the sentence of the sentence. If it has been committed on the basis of a drug addiction, it must be entered in the register, even in the case of a total penalty of not more than two years, if the convicted person or the person concerned has been given the following: the predominant part of the crimes being committed on the basis of a drug addiction is committed. Unofficial table of contents

Section 18 Crime offences relating to the exercise of an industrial property

If a conviction in the case of section 32 (4) is to be included in a certificate of management, this must be entered in the register. Unofficial table of contents

Section 19 Repeal of decisions

(1) If a decision registered in accordance with § 10 is revoked or if a new decision is made without any additional decision, the entry shall be removed from the register. (2) Accordingly, proceedings shall be taken if:

1.

the enforceability of a decision entered into in accordance with § 10 is deleted on the basis of an official or judicial decision,

2.

the managing authority has issued a temporary decision or, in the notification to the register, has determined that the decision is to be registered only for a specified period, and that period has expired.

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Section 20 Communications, corrigenda, blocking notices

(1) The courts and authorities shall inform the Registry authority of the decisions, findings and facts referred to in § § 4 to 19. If they find that the data communicated are incorrect, they shall have this and, as far as and as soon as they are known, the register authority to provide the correct data without delay. If the register authority establishes an inaccuracy, it shall request the notified body to communicate the correct data. In both cases, the register authority has to correct the incorrect registration. The notified body and bodies to whom incorrect information has been provided with evidence shall be informed, unless it is an apparent inaccuracy. The notification of the notified body shall not be notified if more than ten years have elapsed since the date of receipt of the notification in accordance with the first sentence. This does not apply in the case of conviction to life imprisonment and in the case of an arrangement of accommodation in the custody of the security or in a psychiatric hospital. The period shall be extended if the sentence is sentenced to imprisonment, criminal or juvenile punishable by the duration of the sentence. (2) If the person concerned is conclusive that the registration is incorrect, the register authority shall have the registration with a blocking notice. as long as neither the correctness nor the incorrectness of the registration can be established. The data may not be processed or used without the consent of the person concerned, except for the purpose of checking the accuracy and, except in the cases referred to in paragraph 3, sentence 1. The provisions of the first sentence of the first sentence of paragraph 1 shall apply. (3) If entries are marked with a blocking note, an information about them shall only be given to the bodies referred to in section 41 (1) (1), (3) to (5). The information on the blocking note should be mentioned in the information. Incidentally, only the blocking note is referred to. Unofficial table of contents

§ 20a Name change

(1) In addition to the previous name, the reporting authorities shall forward to the registration authority, in addition to the previous name, the following further data for the purpose of changing the birth name, family name, first name or date of birth of a person for the purposes referred to in paragraphs 2 and 3:

1.

birth name,

2.

Family name,

3.

First name,

4.

date of birth,

5.

Birthplace,

6.

Address,

7.

the name of the authority which has caused the name change in the reporting register, and

8.

Date and reference number of the legal act on which it is based.

The communication is admissible in accordance with § 5 (1) of the Transsexual Act and the secrecy of adoption pursuant to § 1758 (1) of the Civil Code, notwithstanding the prohibition of disclosure. (2) The register shall contain a registration on the person whose Date of birth, surname, first name or date of birth has changed, or if a notice of a call for arrest or residency or a search note is put down by that person, the new name and the changed name shall be: Date of birth of the registration, the invitation to tender, or the search mark. (3) A notice pursuant to paragraph 1 may only be used for the purposes specified in paragraph 2, section 476 (1), first sentence, of the Code of Criminal Procedure or in § 153a (2) of the Commercial Code. If these conditions are not met, the notification shall be immediately destroyed by the register authority. Unofficial table of contents

§ 21 (omitted)

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§ 21a Automated information procedure

The setting up of an automated procedure enabling the transfer of personal data by retrieval shall be permitted insofar as this form of data transmission takes account of the legitimate interests of the persons concerned, on account of the It is appropriate to ensure that the data are effectively protected against unauthorised access by third parties in the transmission of data, or because of their particular need for urgent information. § 493 (2) and 3 (1) and (2) of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

Section 22 The obligation to give notice to the register authority

(1) A communication shall be issued by the Registry on:

1.

a warning with a criminal reservation,

2.

the suspension of the imposition of a juvenile penalty,

3.

the deferment of execution or the suspension of a sentence, a criminal offence or a measure of improvement and security of probation;

4.

the remission or partial remission of the penalty;

the authority which made the notification shall be informed by the register authority when a notification of a further conviction is received before it appears in the register that the decision cannot be withdrawn. Where a measure of improvement and security is suspended, in the cases referred to in point 3, notifications pursuant to Section 11 of a communication shall be deemed to be the same. (2) The same shall apply if a notification of the authorization of another person referred to in paragraph 2 shall apply. (3) If a decision referred to in paragraph 1 is revoked and a further decision is entered in the register in accordance with paragraph 1, the register authority shall have the authority to which the further decision is to be taken. Decision has been notified of the revocation. (4) Is a member of the register The Commission shall, as soon as it receives a communication on the order or the entry of a new management supervisor, inform the Authority which the already registered office of management has already registered, but shall not yet have completed its completion. The Commission has notified the Commission of the new registration. Unofficial table of contents

Section 23 Note on total criminal offences

If, in the case of the registration of a conviction in the register, it is apparent that a further conviction is entered in the register, in which the formation of a total penalty is to be considered with the conviction to be re-registered, the register authority shall: the Authority, which made the last communication, on the possibility of an overall criminal training. Unofficial table of contents

Section 24 Removal of entries

Entries on persons whose death has been officially notified to the Register Authority shall be removed from the register three years after the date of receipt of the notification. During this period only the courts and public prosecutors may be informed. (2) Entries relating to a person aged over 90 years shall also be removed from the register. (3) The entries in accordance with § 11 shall be subject to proceedings in respect of proceedings. of an offence after ten years, in proceedings for a crime after 20 years from the register. In the case of criminal offences in accordance with § § 174 to 180 or § 182 of the Criminal Code, the period shall be 20 years. The period begins with the date of the decision or is available. (4) If there are several entries in the register according to § 11, the removal of an entry shall be allowed only if the conditions of the removal are available for all entries. Unofficial table of contents

Section 25 Order of removal

(1) The register authority may, on request or on its own behalf, order, in consultation with the body which has taken the decision, in particular in the interests of the rehabilitation of the person concerned, that entries in accordance with § § 10 and 11 shall be prematurely removed from the shall be removed from the register unless the public interest of such an order is contrary. Before taking a decision, she shall hear a medical expert experienced in psychiatry in the cases of § 11. (2) In the event of a rejection of an application for removal of an entry, the applicant shall be submitted within two weeks after the date of the decision. Notification of the decision to the appeal. If the register authority does not help the complaint, the Federal Ministry of Justice shall decide. Unofficial table of contents

Section 26 Inwrongfully removed entries

Before deciding whether an entry which is unjustly removed from the register is re-entered in the register, the register authority shall have the opportunity to give its opinion to the person concerned.

Second section
Search endorsements

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§ 27 Storage

On the basis of a call for tenders for the arrest or determination of the stay of a person, a search note shall be recorded in the register at the request of an authority, if the endorsement of the performance of the public authority or the execution of the person's duties is Measures of the Central Authority according to § 7 of the International Family Law Procedure Act of 26 January 2005 (BGBl. 162), Section 4 (3) of the Adult Expenses-Implementation Act of 17 March 2007 (BGBl. 314) or in accordance with § § 16 and 17 of the German Foreign Maintenance Law of 23 May 2011 (BGBl. 898), and the place of residence of the person concerned at the time of the request is unknown. Unofficial table of contents

§ 28 Treatment

(1) Where the register contains an entry or receives a communication on the wanted, the register authority shall inform the requesting authority of the date and the business number of the decision, as well as of the authority which is to be notified. In accordance with the procedure, if an application for a certificate or information is received from the register. (2) If there are requests from different authorities which affect the same person, each authority shall be subject to the request to notify the other authority. The same applies when requests are received from the same authority under different business numbers. Unofficial table of contents

§ 29 Erleaching

(1) If a question has been answered before the expiry of three years, the registration authority shall be notified of that request. (2) The message shall be removed if its completion is notified, but no later than three years since the date of the expiry of the request. Laying down.

Third Section
Information from the register

1.
Certificate of management

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§ 30 Request

(1) Any person who is the 14. The document shall be issued on request a certificate of the content of the register in question (certificate of management). If the person concerned has a legal representative, the person concerned shall also be entitled to an application. If the person concerned is incapable of business, only his legal representative shall be entitled to a claim. (2) If the applicant is in the scope of this law, the application shall be submitted to the reporting authority; unless the applicant is The applicant shall be entitled to a written application with an official or publicly certified signature of the applicant. The applicant shall demonstrate his identity and, if he acts as a legal representative, his power of representation. The person concerned and his legal representative cannot be represented by an authorised representative when the application is submitted. The reporting authority accepts the fee for the certificate of good conduct, retains two fifths of it and carries out the remaining amount to the Bundeskasse. (3) Where the applicant is outside the scope of this law, he may directly apply for the application. at the register authority. (4) The transfer of the certificate to a person other than the applicant shall not be allowed. (5) If the certificate of management is requested for submission to an authority, it shall be immediately available to the Authority: submit. The Authority shall, on request, grant the applicant access to the certificate of management. The applicant may require that the certificate of management, if it contains entries, be sent first to an official court designated by him for inspection by him. The reporting authority shall draw the attention of the applicant to this possibility in cases where the application is made to it. The District Court may only grant the applicant a personal view. After inspection, the certificate shall be forwarded to the Authority, or, if the applicant opposes it, to destroy it by the Local Court. (6) If the applicant is outside the scope of this Act, he may require that: the certificate of management, if it contains entries, is first sent to an official representative of the Federal Republic of Germany designated by him for inspection by him. The fifth and sixth sentences of paragraph 5 shall apply mutatily to the official representation of the Federal Republic of Germany. Unofficial table of contents

Section 30a Application for an extended certificate of management

(1) A person shall be granted an extended certificate of management upon request,

1.

where the grant is provided for in statutory provisions, with reference to that provision, or

2.

if this certificate is required for

a)

the examination of personal aptitude in accordance with § 72a of the Eighth Book Social Code-Children's and Youth Help-,

b)

any other professional or voluntary supervision, care, education or training of minors, or

c)

an activity comparable to that in point (b) of that activity, in which it is able to contact minors.

(2) Anyone who makes an application for an extended certificate shall submit a written request confirming that the person who requires the extended certificate of management from the applicant confirms that the conditions for the grant of an extended certificate of good management are fulfilled. Paragraph 1. In addition, § 30 shall apply accordingly. Unofficial table of contents

§ 30b European Certificate of Leadership

(1) Persons who reside in the Federal Republic of Germany but have the nationality of another Member State of the European Union may apply for a certificate of management in accordance with § § 30 or 30a of the Commission's registrations in the criminal record of their home Member State shall be taken up in full and in the language transmitted (European Certificate of Management). (2) The register authority shall request the Member State of origin to notify the registrations. The certificate shall be issued no later than 20 working days following the date of transmission of the register authority's request to the home Member State. If the Member State of origin has not provided information from its criminal record, it shall be pointed out in the certificate of management. Unofficial table of contents

§ 30c Electronic application

(1) By way of derogation from § 30 (2) or (3), if the application is submitted electronically, the application shall be filed directly with the Register Authority using the access offered on the Internet. The applicant may not be represented by an authorised representative during the application. If the applicant is acting as a legal representative, he has to prove his power of representation. (2) The electronic proof of identity according to § 18 of the German Personnel Reference Act or pursuant to Section 78 (5) of the Residence Act is to be carried out. In this connection, the electronic storage and processing medium of the identity card or the electronic residence permit must be sent to the register authority:

1.

the data in accordance with Section 18 (3) sentence 1 of the Staff ID Act or in accordance with Section 78 (5) sentence 2 of the Residence Act in conjunction with Section 18 (3) sentence 1 of the Personnel expulsion law and

2.

Family name, birth name, first name, place of birth and date of birth, nationality and address.

If the electronic storage and processing medium does not permit the transmission of the birth name, the name of birth shall be indicated and proven in the application. In the case of data transmission, use is made of a secure method corresponding to the respective state of the art, which ensures the confidentiality and integrity of the electronically transmitted data record. (3) Documentary evidence is to be provided shall be submitted electronically at the same time as the application and its authenticity and accuracy of content shall be insure in lieu of Eides. In the case of documents to be submitted, the register authority may require the original of the original in the individual case. (4) The details of the electronic procedure shall be regulated by the register authority. In addition, § 30 shall apply accordingly. Unofficial table of contents

Section 31 Granting of the certificate of management and of the extended certificate of management to the authorities

(1) The authorities shall receive a certificate of management through a particular person, in so far as they need it to carry out their sovereign duties and an invitation to the person concerned to submit a certificate of good management is not appropriate or has no effect. The Authority shall, on request, grant the person concerned access to the certificate. (2) For the purposes of the protection of minors, the authorities shall obtain an extended certificate of management under the conditions set out in paragraph 1. The second sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

Section 32 Content of the certificate of management

(1) The management certificate shall include the entries referred to in § § 4 to 16. Insofar as exceptions are permitted in paragraphs 2 (3) to (9) thereof, these shall not apply in the case of convictions for a criminal offence in accordance with § § 174 to 180 or 182 of the Criminal Code. (2) Not to be admitted

1.

the warning with a criminal reservation in accordance with Section 59 of the Criminal Code,

2.

The guilty verdict in accordance with § 27 of the Juvenile Justice Act,

3.

Convictions which have been recognised for a juvenile sentence of no more than two years, if the execution of the sentence or of a criminal law is suspended or suspended in favour of the parole or in accordance with Section 35 of the Narcotic Law and this decision has not been revoked,

4.

Convictions which have been recognised as a juvenile sentence if the penalty is declared to be removed from the courts or at the mercy of the sentence and the removal has not been revoked,

5.

Condemnations by which

a)

a fine of not more than ninety daily rates,

b)

Custodial sentence or criminal sentence of not more than three months

, if no further penalty is entered in the register,

6.

Convictions which have been recognized by a custodial sentence of not more than two years, if the execution of the sentence or of a criminal law

a)

in accordance with § 35 or § 36 of the Narcotics Act, or suspended or suspended for probation, or

b)

has been suspended in accordance with § 56 or § 57 of the Criminal Code, and it is clear from the register that the convicted person, or in the case of total punishments, all or the part of his or her meaning, in the majority of the acts, is due to a sentence of -has committed anesthetic dependency,

those decisions have not been withdrawn and no further penalty is entered in the register,

7.

Convictions which, in addition to a juvenile sentence or a custodial sentence of not more than two years, have placed the accommodation in a deprivation institution if the execution of the sentence, the criminal law or the rule of law according to § 35 of the the provisions of the provisions of point 3 or 6 have been fulfilled;

8.

Convictions that have been ordered by the measures of improvement and protection, penal sanctions or side-effects alone or in combination with or in connection with educational measures or breeding funds,

9.

Convictions where the resumption of the whole procedure is noted; if the resumption of only part of the proceedings is ordered, it shall be pointed out in the certificate of management that:

10.

Differing personal data according to § 5 (1) no. 1,

11.

Entry in accordance with § § 10 and 11,

12.

the reserved safekeeping, if not legally binding, if the order of the safekeeping is not valid.

(3) In a management certificate for public authorities (§ 30 para. 5, § 31), the provisions of paragraph 2 shall also be included

1.

Condemnations by which a deprivation of the detention order has been ordered,

2.

(§ 10), if the decision is not longer than ten years,

3.

Applications in accordance with § 11, if the decision or disposition is not longer than five years,

4.

Dissents of personal data pursuant to § 5 (1) no. 1, provided that these data have been entered into a certificate of management for public authorities.

(4) In addition, the convictions referred to in paragraph 2 (5) to (9) shall be included in a certificate of management for public authorities (Article 30 (5), § 31) for offences which:

1.

in connection with or in connection with the pursuit of a business or the operation of any other economic undertaking, or

2.

in the case of activity in a commercial or other economic undertaking

a)

by a representative or representative within the meaning of Section 14 of the Criminal Code, or

b)

by a person expressly designated as the person responsible in a piece of legislation,

where the certificate of management is determined for the decisions referred to in Article 149 (2) (1) of the Industrial Code. (5) Where exceptions to the inclusion of entries are admitted in paragraph 2 (3) to (9), these exceptions shall apply: not in the case of a conviction for a criminal offence in accordance with § § 171, 180a, 181a, 183 to 184g, 225, 232 to 233a, 234, 235 or § 236 of the Criminal Code, if an extended certificate of management is issued in accordance with § 30a or § 31 (2). Unofficial table of contents

Section 33 Non-acceptance of convictions after the deadline

(1) After the expiry of a certain period, convictions shall no longer be included in the certificate of conduct. (2) This does not apply in the case of convictions, by means of which:

1.

has been recognized for life imprisonment if the criminal law is not issued in accordance with Section 57a (3) sentence 2 in conjunction with Section 56g of the Penal Code or in the Gnadenweg (Mercy Trail),

2.

the protection of the security has been ordered or

3.

the accommodation in a psychiatric hospital has been arranged if a certificate of management is requested for public authorities (§ 30 para. 5, § 31).

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Section 34 Length of time limit

(1) The period after which a conviction is no longer included in the certificate of good conduct shall be the same as:

1.

three years in convictions for

a)

a fine or a custodial sentence of no more than three months if the conditions of Section 32 (2) are not fulfilled,

b)

a custodial sentence or a criminal remnant of more than three months, but not more than one year if the execution of the sentence or of a criminal law has been suspended for probation or at the mercy of the parole, this decision has not been revoked and in the The register shall not also be a custodial sentence, a criminal offence or a juvenile sentence,

c)

a juvenile sentence of not more than one year if the conditions set out in § 32 (2) are not met,

d)

a juvenile sentence of more than two years, if a criminal law has been issued after the end of the period of probation or in accordance with the mercy of the court;

e)

(dropped)

2.

for ten years in the case of convictions for a criminal offence pursuant to Sections 174 to 180 or 182 of the Criminal Code to a custodial sentence or juvenile sentence of more than one year,

3.

five years in the other cases.

(2) The period after which a conviction for a criminal offence pursuant to Sections 171, 180a, 181a, 183 to 184g, 225, 232 to 233a, 234, 235 or § 236 of the Criminal Code shall no longer be punishable by a custodial sentence or a juvenile sentence of more than one year in the case of a criminal offence. (3) In the cases referred to in paragraph 1 (1) (d), (2), (3) and (2), the period shall be extended by the duration of the custodial sentence, the criminal remnant or the juvenile penalty. In the event of the remission of a life-long term of imprisonment, the period shall be extended by the period between the date of the first judgment and the end of the period of probation, but at least twenty years. Unofficial table of contents

§ 35 Total penalty, single penalty and minor decisions

(1) If a total penalty or a uniform juvenile penalty has been formed or is recognized under Article 30 (1) of the juvenile justice act on juvenile punishment, the new decision for § 32 para. 2 and § 34 shall be decisive. (2) In the cases of § 34 shall not be taken into account in terms of penalties, minor penalties and penalties other than custodial sentences or criminal penalties in the event of a determination of the period. Unofficial table of contents

Section 36 Start of the deadline

The period begins with the date of the first judgment (§ 5 para. 1 no. 4). This day shall also remain relevant if:

1.

a total penalty or a single juvenile penalty,

2.

is recognized under Article 30 (1) of the Juvenile Justice Act (juvenile justice), or

3.

a decision is taken in the retrial, which contains a conviction which is subject to registration.

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§ 37 Expiration Inhibition

(1) If, as a result of the conviction, a convicted person has lost the ability to hold public office and obtain rights from public elections, or the right to vote or vote in public affairs, the time limit shall not expire. as long as he has not regained this ability or right. (2) The period shall also not expire as long as it appears from the register that the execution of a sentence or any of the measures of the measure listed in Section 61 of the Penal Code shall be the Improvement and security with the exception of the ban on the granting of a driving licence is not done or the sentence has not yet been issued. Unofficial table of contents

Section 38 Several Convictions

(1) If several convictions are entered in the register, they shall all be included in the certificate of management as long as one of them is to be included in the certificate. (2)

1.

Convictions to be included only in a certificate of management for public authorities (Section 32 (3), (4), section 33 (2) (3)),

2.

Convictions in the cases of § 32 para. 2 nos. 1 to 4,

3.

Convictions which have been punishable by no more than ninety daily or custodial sentences or criminal acts of no more than three months.

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Section 39 Arrangement of non-inclusion

(1) The Registry Authority may, upon request or on its own account, order that convictions and entries pursuant to § 11 shall not be included in the certificate of management in breach of this Act. This shall not apply to the extent to which the public interest of the order is contrary. The order may be applied to guide products without the inclusion of guide certificates for authorities, to management certificates without the inclusion of extended guide certificates, to management certificates, without the inclusion of extended guide certificates for authorities or on the one-off grant of a certificate of management. If the person concerned lives within the scope of this law, the register authority shall hear the discerning court and the other competent authority. Where the registration relates to such a person referred to in Article 11, or a conviction by which a deprivation and security detention order has been ordered, it shall also apply to a medical professional experienced in psychiatry. (2) As a result of the conviction by a court within the scope of this law, the convicted person has the ability to hold public office and to obtain rights from public elections, or the right to public office in public elections. Where matters are to be chosen or to be voted, an order referred to in paragraph 1 may be as long as he has not regained this capacity or right. (3) In the event of refusal of an order pursuant to paragraph 1, the applicant shall be entitled to appeal within two weeks of the date of notification of the decision. If the register authority does not help the complaint, the Federal Ministry of Justice shall decide. Unofficial table of contents

§ 40 Adorable registration

If a further conviction is entered in the register or if a further registration is made in accordance with § 11, the person concerned shall not benefit from an order pursuant to section 39, as long as the subsequent entry is to be entered in the certificate of management. Section 38 (2) shall apply accordingly.

2.
Unrestricted information from the register

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Section 41 Scope of information

(1) In the case of entries not included in a certificate of management, as well as of search notes, without prejudice to § § 42 and 57 thereof, only knowledge may be given

1.

the courts, court rulings, public prosecutors and supervisory authorities (Section 68a of the Criminal Code) for the purposes of the administration of justice, as well as the law enforcement authorities for the purposes of the enforcement of sentences, including the review of all those in the prison active persons,

2.

the supreme federal and state authorities,

3.

the federal and state constitutional protection authorities, the Federal Intelligence Service and the Military shielding service for the security tasks assigned to these authorities,

4.

the financial authorities responsible for the prosecution of criminal offences which are part of their competence;

5.

the police services responsible for the prevention and prosecution of criminal offences,

6.

the naturalisation authorities for naturalisation procedures;

7.

the aliens authorities and the Federal Office for Migration and Refugees, if the information refers to a foreigner,

8.

the grace authorities for the causes of mercy,

9.

for the use of weapons or explosives, for the issuing of hunting certificates, for permission to hold a dangerous dog, or for permits for the surveillance profession, and for the inspection of the guarding staff competent authorities,

10.

the Federal Institute for Drugs and Medical Devices in the context of the licensing procedure under the Narcotics Act,

11.

the Chamber of Lawyers or the Patent Attorney's Chamber for the decision in the authorisation procedure under the Federal Law of the Law of the Federal Law or the Patent Attorney's Rules,

12.

the Federal Office for Radiation Protection in the framework of the nuclear reliability test according to the Atomic Energy Act.

13.

the air safety authorities for the purposes of the reliability check in accordance with § 7 of the Air Security Act.

(2) (omitted) (3) Entries in accordance with § 17 and convictions for juvenile punishment, in which the criminal offence is declared to be eliminated, shall not be communicated in accordance with paragraph 1; only the criminal courts and prosecutors shall be informed of them for a period of time. Criminal proceedings against the person concerned provide information. This does not apply to convictions for a criminal offence in accordance with § § 171, 174 to 180a, 181a, 182 to 184g, 225, 232 to 233a, 234, 235 or § 236 of the Criminal Code. (4) The information provided for in paragraphs 1 and 3 shall only be issued at the express request of the person. The bodies referred to in paragraph 1 shall specify the purpose for which the information is required and may only be used for that purpose. (5) (omitted) Unofficial table of contents

§ 42 Information to the person concerned

A person who is the 14. It shall be notified on request of the entries made on it in the register. Section 30 (1) sentence 2, 3 shall apply accordingly. If the notification is not carried out by the register authority, it shall be sent, if the applicant resides within the scope of this Act, to an administrative court designated by him, in which he may inspect the communication in person. If the person concerned is in the official custody of a judicial authority, the local authority shall take the place of the local court. If the applicant resides outside the scope of this Act, the notification shall be sent to an official representative of the Federal Republic of Germany designated by him, in which case he may consult the communication personally. After inspection, the communication is to be destroyed by the Local Court, the Anstaltsleitung, or the official representation of the Federal Republic of Germany. Unofficial table of contents

§ 42a Information for scientific purposes

(1) The transfer of personal data from the register to universities, other bodies engaged in scientific research, and public bodies shall be permitted to the extent that:

1.

whereas this is necessary for the implementation of certain scientific research;

2.

the use of anonymized data is not possible for this purpose or the anonymization is associated with a disproportionate effort and

3.

the public interest in the research work considerably outweighs the protection worthy interest of the person concerned in the exclusion of the transmission.

In the case of the weighing in accordance with the first sentence of the first subparagraph, the scientific interest in the research project must be taken into consideration in the context of the public interest. (1a) The multiple transmission of personal data for a scientific research project Research work may be permitted for a reasonable period after hearing the Federal Commissioner for Data Protection and Freedom of Information with the consent of the Federal Ministry of Justice if:

1.

the conditions set out in points 1 and 2 of paragraph 1 are met;

2.

there is a significant public interest in the research work, and

3.

the significant public interest in the research work considerably outweighs the protection worthy interest of the persons concerned in the exclusion of the transmission.

The transmitted data shall be pseudonymised; a waiver of pseudonymisation shall only be permitted if this is indispensable for the achievement of the research purpose. The second sentence of paragraph 1 shall apply accordingly. The period shall be determined, in particular, taking into account the research purpose, the intended pseudonymisation of the data, the seriousness of the offences being investigated and the length of the statutory repayment periods; a period of transmission, which, as a result, more than doubles the redemption periods, is generally no longer appropriate. The sentences 1 to 4 shall apply accordingly if, in the case of single transmission, personal data are to be combined with previously transmitted data not yet anonymized in another research project. (2) Personal data will only be to such persons who have been particularly pledged for public service or for the public service or who have been obliged to maintain secrecy. § 1 (2), (3) and (4) (2) of the Obligations Act shall apply to the obligation to maintain confidentiality. (3) The personal data may only be used for the purpose for which it has been transmitted. The use for other research projects or transfers shall be governed by paragraphs 1 and 2 and shall be subject to the approval of the register authority; paragraph 1a shall apply mutatily if personal data transmitted by the register authority on a number of occasions shall be: (4) The data shall be protected against unauthorised knowledge by third parties. The body responsible for scientific research shall ensure that the use of the personal data is spatially and organizationally separated from the performance of such administrative tasks or business purposes for which this data is provided. (5) As soon as the research purpose permits, the personal data are to be anonymized. As long as this is not yet possible, the characteristics must be kept separately, with which details can be attributed to the personal or factual circumstances of a specific or determinable person. They may only be merged with the individual information provided that the purpose of the research is required. (6) Anyone who has received personal data in accordance with paragraphs 1 and 2 may publish it only if this is necessary for the presentation of Research results on the events of contemporary history are essential. The publication shall require the approval of the register authority. (7) If the recipient is a non-public body, the provisions of the third section of the Federal Data Protection Act shall also apply if the information is not in or out of If it is possible for the register authority with a reasonable effort, it can carry out preparatory analyses using the register data. Unofficial table of contents

Section 42b Information on the preparation of legislation and general administrative provisions

The register authority may provide information in an anonymous form to public authorities for the preparation and verification of legislation and general administrative provisions. Section 42a (8) shall apply accordingly. Unofficial table of contents

§ 42c Protocol

(1) The register authority shall draw up the following data on the information it has given and the notes on the following data:

1.

the provision of this law, on which the information or indication is based,

2.

the purpose of the information,

3.

the personal data used in the request and in the information provided,

4.

the person or body who has requested the information to be issued, the addressee of an indication and the authority in the cases referred to in Article 30 (5) or the identity thereof,

5.

the date of transmission,

6.

the name of the staff member who made the communication or an identifier, except in the case of retrieval in the automated procedure;

7.

the file number, except in the case of management certificates in accordance with Section 30 (1).

(2) The protocol data may only be used for notifications of corrections pursuant to § 20, for internal audit purposes, and for data protection control. They shall be protected against abuse by means of appropriate arrangements. Historical data must be deleted after one year, unless it is required for the purposes of the first sentence. After that, they must be deleted immediately. Unofficial table of contents

Section 43 forwarding of information

Supreme federal or state authorities may only communicate entries which are not included in a certificate of management to a subordinated or superordinated authority only if this is necessary to avoid disadvantages for the federal government or to the authorities of the federal state. The country is indispensable, or if otherwise, the performance of public tasks would be seriously jeopardised or impeded. Unofficial table of contents

Section 43a Cross-procedural communications from officals

(1) In proceedings pursuant to Sections 25, 39, 49, 55 (2) and 63 (3), the transfer of personal data is permissible if the knowledge of the data is from the point of view of the transmitting body

1.

for the prosecution of an offence,

2.

to avert a significant disadvantage for the common good or a threat to public safety,

3.

to prevent a serious impairment of the rights of another person,

4.

to avert a serious threat to the well-being of an underage person, or

5.

for the execution of a search engine

(2) § § 18 to 22 of the Introductory Act to the Law of the Court of Justice shall apply accordingly.

3.
Information to authorities

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Section 44 Confidential treatment of information

Information from the register of authorities (§ 30 para. 5, § § 31, 41, 43) may only be brought to the attention of the staff who have been entrusted with the receipt or processing of the goods.

4.
Failure to provide information for the purposes of witness protection

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Section 44a Say of information

(1) The register authority shall block the record of a person registered in the register for the exchange of information when a witness protection body informs that this is necessary for the protection of the person as a witness. (2) The register authority shall grant the grant information from the register of the blocked personal data failing, insofar as conflicting public interests or legitimate interests of third parties do not outweigh any of them. It shall give the witness protection body the opportunity to comment; the assessment of the witness protection body that the failure to provide information for the protection of witnesses is necessary shall be binding on the register authority. Failure to provide information does not require any justification. (3) The register authority shall submit a specially marked person record through a person who does not have a registration, if the witness protection body states that this is a protection this person is required as a witness before research by abusive requests for information. Information on this data record is not provided. The register authority shall inform the witness protection body of any request for information to be received by this person or for data otherwise specified by the witness protection body. (4) § § 161, 161a of the Code of Criminal Procedure shall remain unaffected.

Fourth Section
Tilgung

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§ 45 Tilgung after the deadline

(1) Judgments on convictions (§ 4) shall be redeemed after a certain period of time has expired. (2) A registration to be repaid shall be removed from the register one year after the redemption maturity date. During this period, no information may be given on the registration. (3) Paragraph 1 shall not apply.

1.

in convictions for life imprisonment,

2.

when placing the accommodation in the security custody or in a psychiatric hospital.

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Section 46 Length of the repayment period

(1) The repayment period shall be:

1.

five years in convictions

a)

to a fine of not more than ninety daily rates, if no custodial sentence, a criminal remnate and no juvenile penalty are entered in the register,

b)

a term of imprisonment or a criminal remnate of not more than three months if no further penalty is entered in the register,

c)

a juvenile sentence of not more than one year,

d)

a juvenile sentence of not more than two years if the execution of the sentence or of a criminal law has been suspended in court or under the mercy of the probation,

e)

a juvenile sentence of more than two years if a criminal law has been issued after the end of the period of probation or in accordance with the right of mercy,

f)

to juvenile punishment if the criminal justice has been declared to have been removed by court or by the mercy penalty,

g)

by which one measure (Section 11 (1) (8) of the Criminal Code), with the exception of the ban on the issue of a driving licence for ever and the prohibition of the prohibition, is forever, a secondary penalty or a secondary order alone or in connection with one another or has been ordered in conjunction with educational measures or breeding funds,

2.

Ten years in convictions for

a)

a fine or a custodial sentence of not more than three months if the conditions of point 1 (a) and (b) are not met,

b)

a custodial sentence or a criminal remnate of more than three months, but not more than one year if the execution of the sentence or of a criminal law has been suspended or at the mercy of the probation and is not in the register also a sentence of imprisonment, a criminal remnate or a juvenile sentence,

c)

a juvenile penalty of more than one year, except in the cases referred to in point 1 (d) to (f);

d)

a juvenile sentence for convictions for a criminal offence pursuant to Sections 171, 180a, 181a, 183 to 184g, 225, 232 to 233a, 234, 235 or § 236 of the Penal Code of more than one year in the cases of point 1 (d) to (f),

3.

Twenty years in the case of convictions for a criminal offence pursuant to Sections 174 to 180 or 182 of the Criminal Code to a custodial sentence or juvenile sentence of more than one year,

4.

fifteen years of all other cases.

(2) The suspension of the sentence or of a criminal offence on probation or the removal of the penalty agent shall not be taken into account in the calculation of the time limit if these decisions have been revoked. (3) In the cases referred to in paragraph 1, point 1 Point (e), (2) (c) and (d) and (3) and (4) shall be extended by the time limit for the duration of the custodial sentence, the criminal offence or the juvenile penalty. Unofficial table of contents

Section 47 Determination of the deadline and the crunch

(1) In order to determine and calculate the time limit, § § 35, 36 shall apply. (2) The repayment period shall not expire as long as it appears from the register that the execution of a sentence or one of the items listed in Section 61 of the Criminal Code Measures of improvement and security have not yet been carried out or the penalty has not yet been adopted. Section 37 (1) shall apply. (3) If several convictions are entered in the register, the repayment of an entry shall be admissible only if the conditions for the repayment are available for all convictions. The registration of a conviction by which a ban has been placed on the issue of driving licences shall not prevent the repayment of other convictions only if, at the same time, a penalty has been recognized for which only the penalty for the granting of the licence has been recognised. The grace period in accordance with § 46 would not have expired. Unofficial table of contents

Section 48 Order of the repayment due to the amendment of the law

If the conviction is registered solely on the basis of an act for which the law in force after the conviction is no longer a penalty but only a fine, alone or in connection with a secondary order, the register authority shall, on the basis of Application by the convicted person that the registration is to be redeemed. Unofficial table of contents

Section 49 Order of redemption in special cases

(1) The Registry Authority may, upon request or on its own account, order the registration of entries contrary to § § 45, 46 if the execution is carried out and the public interest of the order does not preclude the order. If the person concerned lives within the scope of this law, the register authority shall hear the discerning court and the other competent authority. Where the registration relates to a conviction which has ordered a detention order of freedom and security, it shall also hear a medical expert who is experienced in psychiatry. (2) Convicted as a result of the conviction by a court within the scope of this Act, the ability to hold public office and to obtain rights from public elections, or the right to vote in public affairs or to , an order referred to in paragraph 1 shall not be allowed as long as it is capable of such an ability (3) In the event of a refusal of an order pursuant to paragraph 1, the applicant shall be entitled to the appeal within two weeks of the notification of the decision. If the register authority does not help the complaint, the Federal Ministry of Justice shall decide. Unofficial table of contents

Section 50 Inwrongfully redeemed entries

Before deciding whether an injustised entry in the register is to be re-entered in the register, the register authority shall have the opportunity to give its opinion to the interested party.

Fifth Section
Legal effects of redemption

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§ 51 prohibition of exploitation

(1) If the registration has been or is to be redeemed via a conviction in the register, the act and the conviction shall no longer be held up by the person concerned in the course of legal transactions and shall not be used to his detriment. (2) or the conviction of any third party's rights, legal consequences of action or the conviction and decisions of courts or administrative authorities that have been issued in connection with the act or the conviction shall remain unaffected. Unofficial table of contents

Section 52 Exceptions

(1) By way of derogation from Section 51 (1), the former act may only be taken into account if:

1.

the security of the Federal Republic of Germany or of one of its countries is subject to an exemption;

2.

in a new criminal procedure, to report on the state of mind of the person concerned, if the circumstances of the former act are relevant for the assessment of his state of mind,

3.

the resumption of the previous procedure is requested, or

4.

the person concerned is admitted to a profession or a trade, to a public service or to the issuing of a gun possession card, a certificate of ammunition, a certificate of arms, a hunting licence or a licence pursuant to § 27 of the Explosives Act, if the authorisation, cessation or grant of the permit would otherwise lead to a significant risk to the general public; the same shall apply where the person concerned repeals of the exercise of a profession, or A decision was made for a commercial decision.

(2) By way of derogation from Section 51 (1), a previous act may also:

1.

in a procedure relating to the issue or withdrawal of a driving licence,

2.

on measures to be taken in accordance with § 4 (5) of the Road Traffic Act

shall be taken into account as long as the conviction is to be used in accordance with the provisions of sections 28 to 30b of the Road Traffic Act. In addition, for the examination of the right to drive motor vehicles, decisions of the courts may be used in accordance with § § 69 to 69b of the Penal Code.

Sixth Section
Limitation of disclosure obligations of the convicted person

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Section 53 Revelation duty on convictions

(1) The convicted person shall be deemed to be unpunished and shall not be required to disclose the facts on which the conviction is based, if the conviction

1.

do not include in the certificate of management or in a certificate of management pursuant to § 32 (3), (4), or

2.

is to be eradicate.

(2) In so far as courts or authorities have a right to unrestricted information, the convicted person cannot derive any rights from paragraph 1 (1) (1) if he or she is to be informed thereof.

Seventh Section
International exchange of register information

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§ 53a Limits of international cooperation

The entry into the register of a conviction not issued by a German court within the scope of this Act, or the granting of information from the register to a body of another State or to an institution of another State or to a person in the register or to an institution of a Member State other than a Member State, the inter-governmental authority is inadmissible if the conviction or the issuing of the information contradicts fundamental principles of the German legal order. If a conviction or a request of a Member State of the European Union is present, the registration of the conviction or the execution of the request shall be inadmissible if the conviction or execution of the request is in conflict with the The Charter of Fundamental Rights of the European Union. Unofficial table of contents

Section 54 entries in the register

(1) Criminal convictions which have not been issued by German courts within the scope of this Act shall be entered in the Register if:

1.

the convicted German or is born or resident within the scope of this law,

2.

in the light of the facts on which the conviction is based, or in accordance with the law in force within the scope of this Act, without prejudice to any obstacles to the proceedings, a penalty or a measure of improvement and security could have been imposed,

3.

the decision is final.

(2) If a conviction fulfils the conditions of paragraph 1 (2) only in respect of part of the deed act or deeds, the whole conviction shall be registered. (3) If a conviction is to be registered or is already registered, the sentence shall be recorded. the following are also registered:

1.

Subsequent decisions or any other facts relating to the conviction,

2.

in the case of the transmission of a criminal message, conditions which restrict the use of the notified body,

3.

in so far as it is a conviction from a Member State of the European Union, communications on

a)

the repayment,

b)

the place where the crime is committed, and

c)

the loss of rights arising from the conviction,

4.

a German decision declaring the foreign custodial sentence or the measure of improvement and security enforceable for enforceability.

If a registered conviction is supplemented by the registration of a follow-up measure, Section 55 (2) shall not apply. Unofficial table of contents

Section 55 Procedure for registration

(1) The register authority shall bear a conviction which has not been issued by a German court within the scope of this Act, if it has been notified of the conviction by an authority of the State which has pronounced it, and it is not clear from the communication that the conditions of § 54 do not exist. (2) The person concerned shall be heard immediately for the registration if his/her stay is detectable. If, in the case of a conviction or a separable part of a conviction, the conditions of Section 54 (1) do not exist, the registration shall be removed in so far as it is not available. If the register authority rejects a request from the person concerned for the removal of the registration, the person concerned shall be notified of the appeal within two weeks of the date of notification of the decision. If the register authority does not help the complaint, the Federal Ministry of Justice shall decide. Unofficial table of contents

Section 56 Treatment of entries

(1) The application of this Act in accordance with § 54 shall be dealt with in the scope of this Act in the application of this Act, such as the entry into force of convictions by German courts. In this case, the legal consequence of the law in force in the scope of this Act is the same as the law of the law which corresponds to it most; minor penalties and minor consequences have no legal effect for the application of this law. (2) For the non-inclusion of a § § 54 Conviction in the certificate of management and for the repayment of the registration does not require the execution of the execution. (3) § § 39 and 49 apply accordingly. Unofficial table of contents

Section 56a Communication on foreign convictions

The register authority may notify the competent public prosecutor's office of a criminal conviction in the register which has not been issued by a German court within the scope of this Act, if there is any real evidence of such conviction insist that the communication on the purpose of the criminal justice system is necessary. If no competent public prosecutor's office can be found, the register authority shall send the notification to the public prosecutor responsible for its seat. Unofficial table of contents

Section 56b Storage for the purpose of the exchange of information to Member States of the European Union

(1) A central authority of another Member State shall send a criminal conviction on a person who is a German national, and the registration of the conviction shall not be admissible, since the conditions laid down in § 54 In the case of paragraph 1 (2), the sentence shall be recorded separately in the register, as well as consequential measures capable of being registered. In accordance with this provision, a request may be made to another Member State only in order to support a criminal proceedings in that State on the basis of a request. (2) Articles 42 and 55 (2) shall apply. (3) The Storage will be deleted in the register if

1.

it is notified that the Member State of the Member State has been repaid, or

2.

§ 47 (1) shall apply in accordance with the calculation of the time limit.

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Section 57 Information on foreign and inter-state agencies

(1) Requests from bodies of another State and of national and international bodies for the granting of unrestricted information from the register or the issuing of a certificate to the authorities shall be subject to the conditions laid down for this purpose. (2) Insofar as no international agreement within the meaning of paragraph 1 of this Article has been concluded, the law of international law shall apply. (2) Insofar as no international treaty within the meaning of paragraph 1 of this Article has been provided for in the first sentence of the Act of Law, the law of the , the register authority may, as the exporting authority, provide the bodies referred to in paragraph 1 for to the same extent and to the same extent to provide unrestricted information from the register or a certificate of management to authorities such as comparable German authorities. The addressee shall be informed that he may only use the information for the purpose for which it has been granted. Information is not provided if the interests of the person concerned are adversely affected, in particular if an appropriate data protection standard is not guaranteed in the recipient country. (3) Regular notifications of criminal law Convictions and subsequent measures which are entered in the register (criminal messages) shall be subject to the provisions of international law applicable for this purpose, which shall include the participation of the legislative bodies pursuant to Article 59 (2) of the Basic Law , to be allowed, created and transmitted. The second sentence of paragraph 2 shall apply accordingly. If a criminal message has been sent, the recipient shall also be informed of the removal of the registration from the register. (4) The responsibility for the admissibility of the transmission shall be borne by the transmitting body. (5) A sentence of § 54 (3) The condition of paragraph 2 shall be taken into account in the implementation of the requests referred to in paragraphs 1 and 2. If, in the register of a conviction of another Member State, registered in accordance with Section 54, the repayment of the conviction is registered in the Member State of the judgment, an information from the register shall not be provided for that conviction. Unofficial table of contents

Section 57a Exchange of register information with Member States of the European Union

(1) Criminal messages relating to persons who are nationals of another Member State of the European Union shall be drawn up and transmitted to the register authority of the Member State of which the sentenced person is a national. . Where the person is a national of a number of Member States, a criminal message shall be sent to each Member State concerned. Sentences 1 and 2 shall also apply if the convicted person is of German nationality at the same time. Article 57 (3) sentence 3 applies accordingly. (2) Request from another Member State for the grant of an unrestricted information from the register in support of a criminal proceedings shall be dealt with by the register authority; shall also include the entries in accordance with section 56b. Article 57 (5) shall apply. (3) For the request of another Member State to obtain an unrestricted information from the register or to issue a certificate to the authorities in support of a non-criminal proceedings or proceedings for an administrative offence shall be subject to Article 57 (1), (2) and (5). If the conviction of another Member State, registered in the register, contains a condition, registered in accordance with Article 54 (3), first sentence, point 2, which restricts the use of the notification of the conviction to criminal proceedings, the inform the requesting Member State, if the request is accepted,

1.

that there is a criminal conviction of another Member State, the use of which is limited to criminal proceedings; and

2.

in which Member State the conviction has been handed down.

(4) A request from a Member State of the European Union to obtain information from the Register for non-criminal purposes, the nature or extent of which is not provided for in this Act, shall be carried out by the Register Authority, to the extent that the grant is granted in accordance with Whereas it is necessary to provide for legal acts of the European Union, unless a specific technical assessment is necessary to limit the information; Where such an assessment is required, the authority responsible for international mutual assistance shall receive information from the register. § 57 (1), (2) and (4) and § 8e of the Administrative Procedure Act shall apply accordingly. (5) In order to receive German register information in the certificate of management of another Member State, the latter shall be subject to his/her request as a management certificate for private individuals. or for submission to an authority pursuant to § 30 on a person who is a German national and who resides in the requesting Member State. The request must be made to ensure that the person in the requesting Member State has received a request for such a request. A certificate according to § 30a shall be issued for the purpose specified in the first sentence if the conditions laid down in § 30a are fulfilled. (6) The responsibility for the admissibility of the transmission shall be borne by the transmitting authority. (7) Request, which shall be exclusively the To obtain information from the criminal record of another Member State of the European Union, and to the extent that it is comparable in scope to an unrestricted information in accordance with § 41 or an administrative certificate pursuant to § 31, the following shall be obtained: the register authority is addressed to the central authority of the requested Member State. Unofficial table of contents

Section 58 Consideration of convictions

A criminal conviction, even if it is not entered in the register in accordance with § 54, shall be deemed to be a repayment as soon as a conviction comparable to it would be valid within the scope of that law. § 53 shall also apply in favour of the person convicted outside the scope of this Act.

Part Three
The Education Register

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Section 59 Management of the Education Register

The provisions of the second part shall apply to the educational register, unless the provisions of § § 60 to 64 determine otherwise. Unofficial table of contents

Section 60 Eintraungen in the Education Register

(1) The following decisions and arrangements shall be entered in the Education Register if they are not to be entered in the Central Register pursuant to Section 5 (2):

1.

the arrangement of measures pursuant to § 3 sentence 2 of the Juvenile Justice Act,

2.

the arrangement of educational measures or breeding funds (§ § 9 to 16 of the juvenile justice act), minor penalties or minor consequences (§ 8 para. 3, § 76 of the juvenile justice act) alone or in connection with one another,

3.

the guilty verdict, which has been removed from the central register in accordance with Section 13 (2), second sentence, point 2, and the decision which has been removed from the central register pursuant to Article 13 (3),

4.

Decisions in which the judge leaves the selection and arrangement of educational measures to the family court (§ § 53, 104 (4) of the Law on Juvenile Law),

5.

Arrangements of the family court, which shall be adopted on the basis of a decision taken in accordance with point 4;

6.

the acquittals for lack of maturity and the cessation of the trial for this reason (§ 3 sentence 1 of the Juvenile Juvenile Act),

7.

the cessation of the persecution in accordance with § 45 of the Juvenile Justice Act and the cessation of the proceedings under Section 47 of the Juvenile Justice Act,

8.

9.

preliminary and final decisions of the family court pursuant to § 1666 (1) and § 1666a of the Civil Code as well as decisions of the family court pursuant to § 1837 (4) in conjunction with § 1666 para. 1 and § 1666a of the Civil Code A code of concern relating to the care of the person of the minor, and the decisions by which the aforementioned decisions are repealed or amended.

(2) In the cases referred to in paragraph 1, point 7, the measure taken by the judge pursuant to Section 45 (3) or § 47 (1), first sentence, of the juvenile justice law shall be entered at the same time. (3) If a youth group has been ordered, its complete Non-execution registered. (4) (omitted) Unofficial table of contents

Section 61 Information from the Education Register

(1) registrations in the educational register may only be communicated-without prejudice to § § 42a, 42c-

1.

criminal courts and public prosecutors for the purposes of the administration of justice and the law enforcement authorities for the purposes of the execution of the criminal law, including the review of all persons working in the prison system;

2.

the family courts for procedures concerning the concern for the person of the person in the register,

3.

the Youth Offices and the State Youth Offices for the exercise of educational duties of youth assistance,

4.

the grace authorities for the causes of mercy,

5.

the authorities responsible for licensing of weapons and explosives with the proviso that only decisions and arrangements pursuant to § 60 (1) (1) to (7) may be communicated.

(2) As far as authorities are to be provided with information from both the central register and the educational register, a request for information from the central register (section 41 (4)) shall also be applied to the entries in the educational register. (3) Information from the Education Register may not be forwarded to any of the authorities other than those referred to in paragraph 1. Unofficial table of contents

§ 62 Search endorsements

Under the conditions laid down in § 27, search records can only be established in the educational register by the authorities to which information is given from the register of education. Unofficial table of contents

Section 63 Removal of entries

(1) entries in the educational register will be removed as soon as the person concerned has received the 24. (2) The distance shall not be removed as long as a conviction is registered in the Central Register for imprisonment, criminal or juvenile justice, or a detention order for a custodial sentence. (3) The The register authority may, upon request or on its own account, arrange for the removal of entries prematurely if the execution is carried out and the public interest does not preclude such an order. § 49 (3) is to be applied. (4) § § 51, 52 shall apply accordingly. Unofficial table of contents

Section 64 limitation of disclosure obligations of the person concerned

(1) The person concerned does not need to disclose entries in the educational register and the facts on which they are based. (2) As far as courts or authorities have a right to information from the educational register, the person concerned can give them shall not derive any rights from paragraph 1 if he or she is to be informed thereof.

Fourth part
Transfer of the criminal record to the Attorney General of the German Democratic Republic

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Section 64a Criminal register of the German Democratic Republic

(1) The register authority shall be responsible for the storage, modification, transfer, blocking and deletion of the entries and the underlying documents of the criminal record previously held by the Attorney General of the German Democratic Republic (2) The records of the criminal records to date of the Prosecutor General of the German Democratic Republic shall be registered in the Central Register or the Education register inherited. The entry into the central register or the educational register of the entries shall be carried out at the latest on the occasion of the processing of information from the central register or the drawing-up register after examination by the register authority, having regard to the Paragraph 3. The decision to take over all entries has to be made within three years. (3) No entries will be made.

1.

on convictions or findings in respect of which the facts of the case are no longer punishable by punishment or are subject to disciplinary measures at the time of the adoption of this law,

2.

on convictions or findings which show that they are not compatible with the rule of law,

3.

of investigative bodies and of public prosecutors within the meaning of the Criminal Records Act of the German Democratic Republic.

§ § 51 to 53 apply for convictions which have not been accepted. (4) Until the decision on the acquisition, the entries referred to in paragraph 1 are to be stored outside the central register or the educational register and for information after this Law to be blocked. This shall also apply to entries which have been rejected. The entries to be transferred to the central register or to the educational register shall be dealt with in accordance with the provisions of this Act from the date of the takeover decision. (5) The repayment period shall continue to be calculated according to the previous Provisions (§ § 26 to 34 of the Criminal Records Act of the German Democratic Republic). If a new entry is made after the adoption of the Federal Central Register Act, the provisions of this Act shall apply to the determination and calculation of the repayment period. Unofficial table of contents

Section 64b Articles of entry and registration documents

(1) The entries and registration documents from the former criminal record of the German Democratic Republic, which are stored in accordance with § 64a (1), shall be destroyed after 31 December 2020. Until then, they may be transferred to the rehabilitation centres for rehabilitation purposes. A use for other purposes is only permitted with the consent of the person concerned. (2) On request, the competent authorities may be informed of the entries in accordance with Section 64a (3) not in the central register or the educational register , in so far as it is necessary in the case of judges and public prosecutors because of their official duties in the German Democratic Republic for service-related measures or for the rehabilitation of persons affected by the rehabilitation. The notification may include any entry required by the requesting body for its decision in accordance with the first sentence, or only such entries, which satisfy certain entry characteristics specified by the requesting body.

Fifth Part
Transitional and final provisions

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Section 65 Acquits of entries in the Central Register

(1) Entry into the register of criminal records prior to the entry into force of this Act shall be entered in the Central Register. (2) No entries shall be made concerning convictions.

1.

a fine which has been issued more than two years before the entry into force of this Act, if the replacement custodial penalty is not more than three months and no further entry is included in the register,

2.

a fine in which the conditions laid down in point 1 do not exist, a custodial sentence and a juvenile sentence of not more than nine months, and a criminal remnate if the sentence has been issued more than five years before the entry into force of this law,

3.

a custodial sentence and a juvenile sentence of more than nine months, but not more than three years, which has been issued more than ten years before the entry into force of this law,

4.

a custodial sentence and a juvenile penalty of more than three years, but not more than five years, which has been pronounced more than fifteen years before the entry into force of this law.

(3) Paragraph 2 shall not apply if:

1.

the person concerned has been sentenced to imprisonment or a juvenile sentence of more than nine months before the entry into force of this law, as a dangerous habitual criminal, or within the last ten years,

2.

has been recognised against the person concerned for accommodation in a home or nursing home or on the subject of a licence to be issued for a period of time.

(4) In addition, entries concerning decisions of administrative authorities from the period up to 23 May 1945 shall not be accepted. (5) The entries to be transferred to the Central Register shall be dealt with in accordance with the provisions of this Act. Unofficial table of contents

Section 66 Upon the entry into force of this Act, redeeming or redemption of the law

§ § 51 to 53 apply to the convictions which are redeemed or redeemed in the criminal record at the time of the entry into force of this law or which are not transferred to the central register pursuant to section 65 (2). Unofficial table of contents

Section 67 Eintraungen in the Erziehungskartei

The entries in the legal guardianship register which are present at the entry into force of this Act shall be taken into account in the Education Register. Unofficial table of contents

Section 68 Provisions and designations in other provisions

Insofar as in other provisions the law on limited information from the criminal record and the redemption of criminal records or on provisions of the Juvenile Justice Act, which deal with the treatment of convictions according to juvenile criminal law in the Criminal records are referred to, or names are used which are repealed or amended by this Act, their place shall be replaced by the relevant provisions and designations of this Act. Unofficial table of contents

Section 69 Transitional provisions

(1) If criminal convictions which have not been issued by German courts within the scope of this Act have been entered in the Central Register or the Education Register before 1 August 1984, registration shall be subject to the provisions of the on the entry into force of the Second Law amending the Federal Central Register Act of 17 July 1984 (BGBl. (2) Convictions for a criminal offence pursuant to Sections 174 to 180 or § 182 of the Criminal Code to a custodial sentence or juvenile sentence entered in the Central Register before 1 July 1998; shall be treated in accordance with the provisions of this Act in the version valid from 1 July 1998. In the case of a certificate or an unrestricted information, convictions made before 30 January 1998 are accepted only if they were to be included in a certificate of management or an unrestricted information at that time. (3) entries after § 11, which shall be before the 1. They will be removed from the Central Register after 20 years in October 2002. The deadline shall begin with the date of the decision or decision. § 24 (4) applies accordingly. (4) Convictions for a criminal offence pursuant to Sections 171, 180a, 181a, 183 to 184f, 225, 232 to 233a, 234, 235 or § 236 of the Criminal Code, which were entered in the Central Register before 1 May 2010, shall be subject to the following conditions: the provisions of this Act are dealt with in the version in force as of 1 May 2010. Unofficial table of contents

Section 70

(dropped) Unofficial table of contents

Section 71

(dropped)