Law On The Central Register And The Register Of Education

Original Language Title: Gesetz über das Zentralregister und das Erziehungsregister

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

Non-official table of contents

BZRG

Date of expander: 18.03.1971

Full quote:

" Bundeszentralregistergesetz (Federal Central Register Act) in the version of the announcement of the 21. September 1984 (BGBl. 1229, 1985 I p. 195), which was last amended by Article 2 (4) of the Law of 21 December 1991. January 2015 (BGBl. I p. 10) "

:Recaught by Bek. v. 21.9.1984 I 1229, 1985 I 195
Last modified by Art. 2 para. 4 G v. 21.1.2015 I 10

For details, see the Notes

Footnote

(+ + + text evidence application: 1.6.1976 + + +)
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First Part
Registry Authority

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§ 1 Federal Central Register

(1) The Federal Office of Justice (Bundesamt für judiciary) has a central register and an educational register for the scope of this law.(2) The closer 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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second part
the central register

First section
Content and management of the register

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§ 3 Contents of the register

In the register are entered
1.
Criminal convictions (§ § 4 bis 8),
2.
3.
Decisions of administrative authorities and courts (§ 10),
4.
Vermerke on Insolvency (§ 11),
5.
Judicial findings in accordance with § 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 para. 1).
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§ 4 Convictions

The final decisions are to be entered in the register by which a German court in the Scope of this law because of an illegal act
1.
detected on punishment,
2.
a measure of improvement and backup ordered,
3.
someone in accordance with § 59 of the Criminal Code with Criminal reservation warns or
4.
according to § 27 of the law on juvenile justice the guilt of a young person or adolescent has been determined
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§ 5 Content of the member

(1) To be entered
1.
the person data of the person concerned, including the birth name, a different family name, the first name, gender, date of birth, place of birth, nationality and address, and other personal data,
2.
the decisive body, including Business number,
3.
the day of the (last) act,
4.
the day of the first judgment; Criminal orders shall be deemed to be the day of the first judgment of the date of signature by the judge; if an opposition has been filed against the criminal order, the day of the decision to be taken is the day of the first judgment, except where the Objection was discarded
5.
the legal force day,
6.
the legal name of the If the sentenced person has been found guilty, stating the criminal rules applied,
7.
the sentences imposed in accordance with Section 59 of the Penal Code (§ 11 (1) (8) of the Criminal Code) and any measures which enter into force or in the decision, in addition to a punishment or in addition to acquittal or self-employed or self-contained measures, and By the way.
(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 it has been found guilty of a guilty verdict. § 27 of the Juvenile Juvenile Law, a conviction for juvenile punishment or the order of a measure of improvement and security is connected.(3) If a fine is recognized, the number of daily rates and the amount of a daily rate shall 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 one-term penalty

A total penalty is subsequently made from several individual penalties, or a total penalty shall be imposed on the uniform juvenile penalty shall be entered in the register as well. Non-official table of contents

§ 7 Suspension of probation

(1) Enforcement of a penalty or a measure of improvement and security shall be applied to the This is to be entered in the register, as a result of the probation. The end of the probation period or the management supervision shall be noted.(2) If, in accordance with Section 56d of the Penal Code, the court has placed the convicted person under the supervision and management of a probation officer, that decision shall also be entered.(3) If a person is warned with a criminal reservation (Section 59 of the Criminal Code) or if the decision to impose a juvenile penalty is suspended (Section 27 of the Juvenile Justice Act), the end of the probation period shall be entered. Non-official table of contents

§ 8 Lock on driver's license

The court has ordered a lock (§ 69a of the Criminal Code), the day of its to enter the register in the register. Nonofficial table of contents

§ 9

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§ 10 Decisions of administrative authorities and courts

(1) In the register, the enforceable and the decisions of an administrative authority which are no longer countervailable are to be entered by
1.
by a German authority the removal of a member of a force or a civilian success of the Station forces are required under Article III (5) of the NATO troop statute,
2.
a passport is denied, revoked or restricted in its scope, or , it is ordered that an identity card shall not be entitled to leave the territory of the territory covered by the Basic Law on a foreign border,
3.
a)
prohibited by the gun law of possession and purchase of weapons and ammunition,
b)
the granting of a gun ownership card, an ammunition certificate, a gun bill, a hunting licence, or a permit pursuant to § 27 of the Explosives Act for unreliability or lack of personal suitability, or in accordance with § 34 of the Explosives Act, withdrawn or revoked.
2) The registers shall include the enforceable and the no longer countervailable decisions of a administrative authority as well as final judicial decisions, resulting in unreliability, inadequacy or unworthiness
1.
A request for admission to a profession or trade rejected or a granted permission revoked or revoked,
2.
prohibiting the exercise of an occupation or business,
3.
the power to hire or train Trainees revoked or
4.
prohibiting employment, supervision, instruction or training of children and adolescents
, if the decision is taken 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 natural person who is entitled to represent the person who is representative of the person concerned, who shall: is unreliable, unsuitable or unworthy.(3) Where a enforceable decision registered 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 decrees of a law enforcement agency through which criminal proceedings for non-negotiable or non-convicted non-negotiable or non-convicted, non-convicted negotiable inability to negotiate,
2.
court decisions, by which the application of the prosecutor's office to arrange a measure of improvement and security independently (§ 413 of the Criminal Procedure Code), with the It is rejected on the grounds that the accused is not expected to act in a significant way, or that he is nevertheless not dangerous to the general public,
provided that the decision or decision is made available on the basis of the opinion of a medical experts, and 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. It should also be borne in mind whether the act is a crime or a crime.(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 (§ 3 of the Juvenile Justice Act) is or cannot be ruled out. Non-official 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, a criminal or a measure of improvement, and Security; in this case, the end of the probation period or the management supervision 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 prolongation 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 backup,
5.
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 repeal Under the supervision and management of a probation officer,
7.
the day of the expiry of the loss of capacity, eligibility and choice, and Voting right,
8.
the early release of the lock on the issue of the driver's license,
9.
Decisions about a reserved backup,
10.
the ex-post arrangement of the Accommodation in safekeeping.
(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. Non-official table of contents

§ 13 Nightful decisions after juvenile justice

(1) To be entered in the register
1.
the suspension of the juvenile sentence on probation by decision, which is the end of the probation period
2.
The suspension of the criminal record, which is the end of the probation period,
3.
the abbreviation or prolongation of the probation period,
4.
the remission or partial remission of the Juvenile penalty,
5.
the removal of the penalty box,
6.
revocation of the suspension of a A juvenile sentence or a criminal act and the removal of the criminal court.
(2) If a juvenile sentence is recognized in accordance with Section 30 (1) of the Juvenile Justice Act, 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 is
1.
according to § 30 Paragraph 2 of the Law on Juvenile Justice, or
2.
is incorporated into a decision in accordance with Section 31 (2), § 66 of the Law on Juvenile Justice, in a decision to be taken into account in the
() 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. Non-official table of contents

§ 14 Gnadenically and amnesties

To be entered in the register
1.
the suspension of a sentence entered in the register or a measure of improvement and backup and their revocation; if a probation period is fixed, it shall also be noted,
2.
the subposition of the convicted person under the supervision and direction of a Probation officer and the abbreviation or prolongation of the probation period,
3.
the remission, the partial remission, the reduction or the conversion of a registered office in the register a sentence or a measure of improvement and security as well as the re-lending of skills and rights which the convicted person had lost in accordance with the penal code as a result of the conviction,
4.
the removal of the subscript under the supervision and management of a probation officer.
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§ 15 registration of execution and deprivation of liberty

is a custodial sentence, a criminal remnate, a juvenile sentence or a measure of improvement and In order to ensure that, except for the ban on the granting of a driving licence, the date to be entered shall be entered in the register,
1.
on the date on which the enforcement of the the sentence of imprisonment, the criminal remnant, the juvenile sentence, or the rule of improvement and security ends or is carried out in any other way,
2.
on the basis of a Suspension of the deprivation of liberty actually ends and
3.
on the one custodial sentence and a measure of improvement and security, which is based on a Decision to execute, start or end.
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§ 16 Resumance of the procedure

(1) In the register (2) If the final decision is to be taken by the Court of First Instance, the Court of First Instance shall be required to take a final decision ordering the resumption of proceedings (Section 370 (2) of the Code of Criminal Procedure) on the grounds of a conviction which is subject to registration. The registration in accordance with paragraph 1 shall be removed from the register (§ § 371, 373 of the Criminal Procedure Code). 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, the former entry shall be removed from the register. Unofficial table of contents

§ 17 Other decisions and judicial findings

(1) Enforcement of a sentence, a criminal law or accommodation in a descaling establishment in accordance with § 35-also in connection with § 38-of the Narcotics Act, this is to 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 enforcement is revoked, this shall also be communicated.(2) Where a custodial sentence of not more than two years is recognized and the court has established that the convicted person has committed the act on the basis of a drug addiction, that determination shall be entered in the register; this shall apply: in the case of a total penalty of not more than two years, where the convicted person has committed all or the most significant part of the offences which have been given on the basis of a narcotics addiction. Non-official table of contents

§ 18 offences related to the exercise of a business

Is a conviction in the case of § 32 paragraph 4 in a Such a certificate shall be entered in the register. Unofficial table of contents

§ 19 Revocation of decisions

(1) If a decision is registered in accordance with § 10, or is replaced by a new decision, the If no decision is taken, the registration shall be removed from the register.(2) In accordance with the procedure, if
1.
the enforceability of a decision entered in accordance with § 10
2.
2.
The managing authority shall adopt a temporary decision or in the notification to the register determined that the decision should only be entered for a specified period, and that time limit has expired.
Contents

§ 20 Communications, corrections, blocking notices

(1) 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, where 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 an incorrect information has been provided 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 in the event of a sentence of imprisonment, a criminal sentence or a juvenile sentence for the duration of the sentence.(2) If the person concerned is conclusive that registration is incorrect, the register authority shall have the registration marked with a blocking note, 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 paragraph 1 shall apply by analogy.(3) If entries are marked with a blocking note, 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) The reporting authorities have the register authority when changing the name of the birth name, family name, the first name or date of birth of a person for the purposes referred to in paragraphs 2 and 3, in addition to the previous name, to submit the following further data:
1.
birth name,
2.
family-name,
3.
First Name,
4.
Date of Birth,
5.
birthplace,
6.
address,
7.
Label of the authority that caused the name change in the message register, as well as
8.
Date and File number of the underlying act.
The communication is admissible notwithstanding the prohibition of disclosure in accordance with § 5 (1) of the Transsexual Act and the secrecy of adoption pursuant to § 1758 (1) of the Civil Code.(2) If the register contains a registration on the person whose name, surname, surname, date of birth or date of birth has changed, or is a notice of an invitation to tender for arrest or residency, or a notice of residence, The new name and the changed date of birth must be recorded at the time of registration, the invitation to tender or the notice of the search.(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 establishment of an automated procedure allowing the transfer of personal data by retrieval is permitted insofar as this form of data transmission is available at: consideration of the legitimate interests of the persons concerned is appropriate because of the large number of transfers or because of their particular need for urgent action, and if it is ensured that the data against the unauthorised access of third parties to the data subject to the Transmission effectively protected. § 493 (2) and 3 (1) and (2) of the Code of Criminal Procedure shall apply accordingly. Non-official table of contents

§ 22 Obligation to notify the register authority

(1) The register is issued with a notice of
1.
a warning with penalty reservation,
2.
suspending the imposition of a juvenile penalty,
3.
the deferment of execution or the Suspension of a sentence, a criminal law or a measure of improvement and security against probation,
4.
the remission or partial remission of the penalty,
the 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 the same as a conviction.(2) The same shall apply where a notification of the authorization of a further arrangement referred to in paragraph 1 or a search note is received.Where 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 which has notified the further decision to withdraw from the withdrawal decision. Notify me.(4) Where there is a management supervision in the register but not yet completed, the register authority shall inform the Authority, as soon as it receives a notification of the order or the entry of a new management supervisor, of the authority which already has the registered management authority, the new registration. Non-official table of contents

§ 23 Note on total crime

If a conviction is entered in the register, it is clear that in the register If a further conviction is registered, in which the formation of a total penalty is taken into consideration with the newly registered conviction, the register authority shall inform the authority which made the last notice of the possibility of a Overall punishment. Non-official table of contents

§ 24 Removal of registrations

(1) entries on persons whose death has been officially notified to the Registry Office , 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) In the case of proceedings for a crime after ten years, the entries in accordance with § 11 shall be removed from the register after 20 years in the case of a crime. 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 deadline shall begin with the date of the decision or decision.(4) If there are several entries in the register in accordance with § 11, the removal of an entry shall be permitted only if the conditions for removal are available for all entries. Non-official table of contents

§ 25 Order of removal

(1) The register authority may, on request or on its own behalf, in consultation with the agency, which has taken the decision, in particular in the interests of the rehabilitation of the person concerned, order that entries in accordance with § § 10 and 11 shall be removed prematurely from the register, unless the public interest of such a person is Arrangement in the opposite direction. Before taking a decision, she shall hear a medical expert who is experienced in psychiatry in the cases of § 11.(2) In the event of refusal of an application for the removal of an entry, the applicant shall be notified 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

§ 26 Unjustly Removed Entries

The Registry Authority has before deciding whether or not to injustice a Register removed again in the register to give the person concerned an opportunity to comment.

Second section
Search endorsements

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§ 27 Storage

On the basis of a call for tenders to arrest or determine the stay of a person, the A request from a public authority shall be stored in the register if the search endorsement of the performance of the public authority or the implementation of measures by the Central Authority pursuant to § 7 of the International Family Rights Procedure Act of 26 May 2016. January 2005 (BGBl. 162), Section 4 (3) of the Adult Protection Convention (Adult Protection) Act of 17. March 2007 (BGBl. 314) or in accordance with § § 16 and 17 of the 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. Non-official table of contents

§ 28 Treatment

(1) If the register contains an entry or receives a notice of the wanted, the Register authority of the requesting authority is aware of the date and the business number of the decision, as well as the co-participating authority. In accordance with this procedure, a request for a certificate of management or information from the register shall be submitted.(2) In the case of requests from different authorities which concern the same person, each authority shall be notified of the request of the other authority. The same applies when requests are received from the same authority under different business numbers. Non-official table of contents

§ 29 Experience

(1) A request has been completed before the expiration of three years since the date of the deposit, so this is the to communicate with the register authority.(2) The message is removed if its execution is communicated, but no later than three years since the date of deposition.

Third section
Information from the tab

1.
Guide

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§ 30 Request

(1) Any person who is 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 apply.(2) If the applicant is to apply within the scope of this Act, the application shall be submitted to the Reporting Authority; unless the applicant appears in person, a written application with official or public opinion shall be submitted. Certified signature of the applicant shall be admissible. 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. The second sentence of paragraph 2 and the third sentence shall apply accordingly.(4) The transfer of the certificate to a person other than the applicant shall not be permitted.(5) If the certificate of management is requested for submission to an authority, it shall be sent directly to the Authority. 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 a local 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 be destroyed by the Local Court.(6) Where the applicant is outside the scope of this Act, he may require that the certificate of management, if it contains entries, first of all to an official representation of the Federal Republic of Germany designated by him, for inspection is sent by him. The fifth and sixth sentences of paragraph 5 shall apply mutatily to the official representation of the Federal Republic of Germany. Non-official table of contents

§ 30a Application for an extended certificate of management

(1) An extended certificate of conduct is issued to a person upon request,
1.
if the grant is provided in statutory provisions with reference to this provision or
2.
if this guide certificate is required for
a)
the examination of personal suitability according to § 72a of the Eighth Book Social Code-Children's and Youth Help-,
b)
other professional or voluntary supervision, care, education, or education of minors or
c)
an activity that is similar in a letter b comparable way to contact minors.
(2) Anyone who requests to grant an extended A guide shall submit a written request confirming that the person requesting the extended certificate from the applicant confirms that the conditions laid down in paragraph 1 are met. In addition, § 30 shall apply accordingly. Non-official table of contents

§ 30b European Certificate of Management

(1) Persons who reside in the Federal Republic of Germany, but who are Nationality of another Member State of the European Union, may request that, in accordance with § § 30 or 30a, the certificate of entry in the criminal record of the Member State of origin of the Member State of origin shall be communicated in its entirety and in accordance with the provisions of the transmitted language (European Certificate of Management). § 30 shall apply accordingly.(2) The register authority shall request the Member State of origin to notify the entries. 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. Non-official table of contents

§ 30c Electronic application

(1) By way of derogation from § 30 (2) or (3), the application shall be submitted electronically, , the application shall be made directly by 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 in accordance with § 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: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the data according to § 18 (3) sentence 1 of the German Personnel Reference Act or in accordance with § 78 (5) sentence 2 of the Residence Act in conjunction with Section 18 (3) sentence 1 of the German Personnel Reference Act 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, a safe method corresponding to the respective state of the art is to be used, which ensures the confidentiality and integrity of the electronically transmitted data record.(3) The application must be submitted electronically at the same time as the application, and the authenticity and accuracy of the documents must be submitted to Eides instead of insure. 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 governed by the register authority. In addition, § 30 shall apply accordingly. Non-official table of contents

§ 31 Certificate of management and extended management certificate to authorities

(1) Authorities are given a a certain person a certificate of good management, in so far as they need it for the purpose of carrying out their duties and an invitation to the person concerned to submit a certificate of management, is not appropriate or has no success. The Authority shall, on request, grant the person concerned access to the certificate of management.(2) For the purposes of the protection of minors, 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. Non-official table of contents

§ 32 Content of the certificate of management

(1) The certificate of conduct referred to in § § 4 to 16 shall be included in the certificate of management. is taken up. 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 included
1.
The warning with a criminal reservation in accordance with § 59 of the Penal Code,
2.
the guilty verdict in accordance with § 27 of the Juvenile Juvenile Law,
3.
Convictions that have been recognized for a juvenile sentence of no more than two years, if the execution of the sentence or of a criminal act is judicial or at the mercy of the Suspended or suspended in accordance with § 35 of the Narcotics Act and this decision has not been revoked,
4.
Convictions, by means of which a juvenile penalty has been recognized if the criminal justice has been declared to be eliminated by court or by the mercy path and the removal has not been revoked,
5.
Condemnations, by which
a)
fine not more than ninety daily rates,
b)
Imprisonment or Strafarrest of no longer as three months
, if no further penalty is entered in the register,
6.
Convictions, by the custodial sentence of no more than two years have been recognized, if the execution of the sentence or of a criminal law
a)
according to § 35 or § 36 of the Narcotics Act, or suspended for probation or
b)
has been suspended in accordance with § 56 or § 57 of the Criminal Code , and it follows from the register that the convicted person has committed the deed or, in the case of total punishments, to all or to the extent of their meaning in the majority of the acts committed on the basis of a narcotic addiction,
, and no further penalty is entered in the register,
7.
Convictions, by which, in addition to the juvenile sentence or imprisonment of not more than two years, the Accommodation in a descaling establishment has been arranged if the execution of the sentence, the criminal law or the rule of law has been refunded in accordance with § 35 of the Narcotics Act and, moreover, the conditions of the number 3 or 6 ,
8.
Convictions, by means of the measures of improvement and security, penal sanctions or side-effects alone or in connection with each other or in connection with ,
9.
Convictions where the resumption of the whole procedure is noted; is the If only part of the procedure is re-ordered, it must be pointed out in the certificate of management,
10.
deviating personal data in accordance with § 5 (1) no. 1,
11.
entries in accordance with § § 10 and 11,
12.
the reserved protection custody, in the event that the order of the security custody has been subject to a final decision.
(3) A certificate of management for public authorities (Section 30 (5), § 31) shall also be accepted against paragraph 2
1.
Convictions, by which a deprivation-of-order measure of improvement and backup is arranged ,
2.
In accordance with § 10, if the decision is no longer than ten years ago,
3.
entries in accordance with § 11 if the decision or disposition is no longer than five years ago,
4.
deviating personal data in accordance with § 5 paragraph 1 No. 1, provided that these data have been entered into a management certificate for authorities.
(4) Into A certificate of management for public authorities (Section 30 (5), § 31) shall also be subject to the convictions referred to in paragraph 2 (5) to (9) for offences which are
1.
with or in connection with the performance of a business or the operation of another economic enterprise or
2.
in activity in a business or other economic enterprise
a)
from a representative or agent within the meaning of § 14 of the Penal Code or
b)
from a person, which is expressly referred to in a law as the person responsible
be committed if the certificate of management is determined for the decisions referred to in § 149 (2) (1) of the Industrial Code.(5) Insofar as exceptions to the inclusion of entries are permitted in paragraph 2 (3) to (9), these exceptions shall not apply in the case of a conviction for an offence pursuant to Sections 171, 180a, 181a, 183 to 184g, 225, 232 to 233a, 234, 235 or § 236 of the Penal code, if an extended certificate is issued in accordance with § 30a or § 31 (2). Non-official table of contents

§ 33 Non-acceptance of convictions after expiry of the deadline

(1) After a certain period of time has expired, convictions will not be More in the certificate of management.(2) This does not apply to convictions where
1.
has been recognized for life imprisonment, if the penal code is not issued in accordance with Section 57a (3) sentence 2 in conjunction with Section 56g of the Criminal Code or in the Gnadenweg,
2.
Custody of the security , or
3.
The placement in a psychiatric hospital has been ordered if a certificate of management is requested by authorities (§ 30 para. 5, § 31)
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§ 34 Length of time limit

(1) The period after which a conviction is no longer in the management certificate ,
1.
Three years of convictions to
a)
fine and custodial sentence of no more than three months if the conditions are met § 32 (2) do not exist,
b)
Custodial sentence or criminal sentence of more than three months, but not more than one year, if the execution of the sentence or of a criminal law or at the mercy of the probation, this decision has not been revoked and, in the register, no custodial sentence, criminal or juvenile penalty is also registered,
c)
Juvenile penalty of no more than one year, if the requirements of § 32 (2) do not exist,
d)
juvenile sentence of more than two years, if a criminal law has been issued after the expiration of the probation period or in the mercy path,
e)
(omitted)
2.
10 years in convictions for an offence according to § § 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 Expiry 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 to a custodial sentence or juvenile sentence of more than one year no longer into an extended The certificate shall be recorded for a period of ten years.(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 sentence. 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 side decisions

(1) Is a total penalty or a single juvenile penalty In accordance with Section 30 (1) of the Juvenile Justice Act, the new decision is decisive for Section 32 (2) and (34).(2) In the cases of § 34, minor penalties, side-effects, and fines not included in the term of imprisonment or criminal remnate shall be disregarded in the determination of the time limit. Non-official table of contents

§ 36 Start of deadline

The deadline begins with the day of the first judgment (§ 5 para. 1 no. 4). This day also remains authoritative if
1.
is a total penalty or a single juvenile penalty ,
2.
is recognized for juvenile justice in accordance with Section 30 (1) of the Juvenile Justice Act, or
3.
a decision in the retrial that contains a registration-based conviction.
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§ 37 expiration

(1) has a convicted person as a result of the conviction the ability to hold public office and to gain rights from public elections, or the right to vote or to vote in public affairs, the time limit shall not expire as long as it has not recovered that capacity or right.(2) The time limit shall also not expire as long as it appears from the register that the execution of a penalty or one of the measures of improvement and security referred to in Article 61 of the Criminal Code, with the exception of the ban on the granting of a penalty, shall be subject to the following conditions: Driving licence has not yet been completed or the penalty has not yet been issued. Non-official table of contents

§ 38 Multiple convictions

(1) If multiple convictions are entered in the register, they are all listed in the for as long as one of them is to be included in the certificate.(2) Except
1.
Convictions to be included only in a management certificate for authorities (§ 32 para. 3, 4, § 33 para. 2 no. 3),
2.
Convictions in the cases of § 32 para. 2 nos. 1 to 4,
3.
Convictions that 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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§ 39 Order of non-inclusion

(1) The register authority may order, at the request or on its own, that convictions and entries in accordance with § 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 otherwise competent authority. Where the registration relates to such a person referred to in Article 11 or to a conviction by which a deprivation and security detention order has been ordered, it shall also apply to a medical professional experienced in psychiatry. Experts hear.(2) If, as a result of the conviction by a court in the scope of this Act, the convicted person has the ability to hold public office and to obtain rights from public elections, or the right to vote in public affairs or to vote, an order in accordance with paragraph 1 shall not be allowed as long as it has not recovered that ability or that right.(3) In the event of refusal of an order pursuant to paragraph 1, the applicant shall be notified of 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. Non-official table of contents

§ 40 Overnight registration

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

2.
Unlimited information from the register

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§ 41 Scope of information

(1) From entries not included in a management certificate, as well as from search notes, without prejudice to § § 42 and 57, only knowledge may be given to
1.
the courts, court rulings, prosecutors, and supervisory authorities (§ 68a of the Criminal Code) for the purposes of the administration of justice and the law enforcement authorities for the purposes of the enforcement of the criminal law, including the review of all persons working in the prison system,
2.
top federal and state authorities,
3.
the federal and state constitutional protection agencies, the federal intelligence service and the military shielding service for the these authorities,
4.
the financial authorities for the prosecution of criminal offences, which are part of their jurisdiction,
5.
Police Department Services for the Prevention and prosecution of Crime purposes,
6.
the naturalization authorities for naturalization procedures,
7.
the foreigners ' authorities and the Federal Office for Migration and refugees, if the information refers to a foreigner,
8.
the grace authorities for causes of mercy,
9.
to be used for weapons-law or explosive-legal permission, for the issuing of hunting certificates, for permission to hold a dangerous dog, or for permission to use The Federal Institute for Drugs and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte), which is responsible for the monitoring and inspection of the monitoring staff,
10.
Permission procedure under the Narcotics Act,
11.
the Bar Association or the Patent Attorney's Chamber for the decision in the authorisation procedures according to the Federal Law and Patent Law,
12.
the Federal Office for Radiation Protection in the framework of the nuclear reliability test in accordance with the Atomic law.
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 disposed of, shall not be communicated in accordance with paragraph 1; only the criminal courts and prosecutors for criminal proceedings against the criminal court shall be notified of them. Information concerned. 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 referred to in paragraphs 1 and 3 shall only be provided at the express request. 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

One person who is the 14. It shall be notified on request of the entries made on it in the register. § 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. Non-official table of contents

§ 42a Information for scientific purposes

(1) The transfer of personal data from the register at universities, other facilities carrying out scientific research, and public authorities shall be permitted as far as
1.
this is required to perform certain scientific research work,
2.
Use of anonymized data for this purpose is not possible or the anonymization is associated with a disproportionate effort and
3.
the public interest the research work significantly outweighs the protection worthy interest of the person concerned in the exclusion of the transmission.
In the case of the assessment pursuant to sentence 1, point 3, the scientific interest in the public interest shall be the Particular attention should be given to research projects.(1a) The multiple transmission of personal data for a scientific research work may be carried out for a reasonable period after consultation of the Federal Commissioner for Data Protection and the Freedom of Information with the consent of the Federal Ministry of Justice to be approved if
1.
is in the requirements of paragraph 1, points 1 and 2,
2.
a significant public interest in the research work, and
3.
the major 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 should be pseudonymised; a renunciation of a pseudonymisation is only possible if this is essential in order to achieve 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, an intended pseudonymisation of the data, the seriousness of the offences under investigation and the length of the statutory repayment periods; a transmission period, which, as a result, more than doubles the repayment periods, is generally no longer appropriate. The sentences 1 to 4 shall apply accordingly if, in the case of a single transmission, personal data are to be combined with previously transmitted data of another research project which has not yet been anonymized.(2) Personal data shall only be transmitted to such persons who have been particularly pledged for public service or for the public service or who have been obliged to maintain secrecy. Section 1 (2), (3) and (4) (2) of the Commitment 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 the transfer 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 apply: They are to be linked.(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. also be of importance.(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 research purpose requires this.(6) Anyone who has received personal data in accordance with paragraphs 1 and 2 may only publish it if this is indispensable for the presentation of research results on events of the time history. The publication shall be subject to 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 processed in or out of files.(8) If it is possible for the register authority with reasonable effort, it can carry out preparatory analyses using the register data. Non-official table of contents

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

The register authority may: provide information in an anonymised form for the preparation and review of legislation and general administrative provisions. Section 42a (8) shall apply accordingly. Non-official table of contents

§ 42c log records

(1) The register authority makes logs on the information it has issued and notes logs on the following data:
1.
the provision of this law, on which the information or the notice
2.
the purpose of the information,
3.
used in the request and the information personal data,
4.
the person or body requested to provide the information, the recipient of a reference, and the authority in the cases of § 30 (5) or whose identifier,
5.
the time of transmission,
6.
the name of the staff member who Notification has been made or an identifier, except in the case of retrieval in automated procedures,
7.
the file number, except in the case of management certificates in accordance with § 30 (1).
(2) The log 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. Non-official table of contents

§ 43 Forwarding of information

Supreme federal or state authorities may enter into a management certificate , shall not be included in any subsequent or supervising authority unless it is essential to avoid any drawback to the Federation or a country, or if otherwise the performance of public tasks would be seriously threatened or made more difficult. Non-official table of contents

§ 43a Cross-procedural communications from officals

(1) In proceedings pursuant to § § 25, 39, 49, 55 (2) and § 63 Paragraph 3 shall allow the transfer of personal data if the knowledge of the data is from the point of view of the transmitting body
1.
for the pursuit of a Offence,
2.
to avert a significant disadvantage for the common good or a threat to public security,
3.
to prevent a serious impairment of another person's rights,
4.
to defuse a significant risk to the benefit of an underage person or
5.
for the execution of a search engine
.(2) § § 18 to 22 of the Introductory Act on the Law of the Court of Justice apply accordingly.

3.
Information to authorities

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§ 44 Confidential treatment of the information

Information from the register of authorities (§ 30 para. 5, § § 31, 41, 43) may only be used with the receipt of the information or

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§ 44a Failure of information

(1) The register authority will block the record of a person registered in the register for the exchange of information if a Witness protection body informs that this is necessary for the protection of the person as a witness.(2) The register authority shall refuse to issue an information from the register of the blocked personal data, insofar as conflicting public interests or legitimate interests of third parties do not outweigh any other interests. 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. The failure to provide information does not require any justification.(3) The register authority shall submit a specially marked personal data record through a person who does not have any registration, if the witness protection body states that this is to protect that person as a witness before research by abusive requests for information are required. Information on this data record is not provided. The register authority shall inform the witness protection body of any request to obtain information relating to that person or to data otherwise specified by the witness protection body.(4) The § § 161, 161a of the Code of Criminal Procedure shall remain unaffected.

Fourth Section
Tilgung

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§ 45 Tilgung after expiry of the deadline

(1) Judgments on convictions (§ 4) will 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 entry of the repayment maturity. During this period, no information may be given on the registration.(3) Paragraph 1 does not apply to
1.
for convictions to life imprisonment,
2.
when placing the placement in the backup or in a psychiatric hospital.
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§ 46 Length of redemption period

(1) The redemption period is
1.
five yearsfor convictions
a)
Fine of not more than ninety daily rates, if no custodial sentence, no criminal remnate, and no juvenile penalty is entered in the register,
b)
to imprisonment or criminal remnate of not more than three months, if no further penalty is entered in the register,
c)
to youth penalty of no more than one Year,
d)
to a juvenile sentence of no more than two years, if the execution of the sentence or of a criminal law is subject to court or in the mercy path to probation ,
e)
to a juvenile sentence of more than two years if a criminal law has been issued after the expiration of the probation period or at the mercy of the court is,
f)
to juvenile, if the penalty has been declared to be removed from court or in mercy path,
g)
through which one measure (§ 11 para. 1 No. 8 of the Criminal Code), with the exception of the ban on the granting of a driving licence for ever and the prohibition of the profession forever, a a secondary or secondary order, either alone or in combination with each other or in combination with educational measures or breeding funds
2.
Tens of years in convictions for
a)
fine and imprisonment of no more than three months if the conditions of point 1 (a) and (b) are not met,
b)
Custodial sentence or criminal sentence of more than three months, but not more than one year if the execution of the sentence or of a criminal law is judicial or at the mercy of the (c)
A juvenile sentence of more than one year, except in the case of a sentence of imprisonment, a criminal offence or a juvenile sentence;
c)
in the cases referred to in point 1 (d) to (f),
d)
juvenile sentence for convictions for a criminal offence in accordance with sections 171, 180a, 181a, 183 to 184g, 225, 232 to 233a, 234, 235 or § 236 of the Criminal Code of more than one year in cases of point 1 (d) to (f)
3.
Twenty years in the case of convictions for a criminal offence in accordance with § § 174 to 180 or 182 of the Criminal Code to a custodial sentence or a juvenile sentence of more than one year,
4.
15 years Cases.
(2) The suspension of the penalty 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 (1) (e), (2) (c) and (d) and (3) and (4), the period shall be extended by the duration of the custodial sentence, the criminal offence or the juvenile sentence. Non-official table of contents

§ 47 Determination of the deadline and expiration limit

(1) For the determination and calculation of the time limit, § § 35, 36 accordingly.(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 measures of improvement and security listed in § 61 of the Criminal Code has not yet been completed or the penalty has not yet been completed. is adopted. Section 37 (1) shall apply accordingly.(3) If several convictions are entered in the register, the repayment of an entry shall not be allowed until all convictions are subject to the conditions for the repayment. 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. Non-official table of contents

§ 48 Order of repayment due to law change

The conviction is only registered for 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, at the request of the convicted person, order that the registration be to be redeemed. Non-official table of contents

§ 49 Order of repayment in special cases

(1) The register authority may, on request or on its own, order that: In the event that the execution is carried out and the public interest of the order does not preclude the payment of such orders, it is to be redeemed in accordance with § § 45, 46. If the person concerned lives within the scope of this law, the register authority shall hear the discerning court and the otherwise competent authority. If 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) If, as a result of the conviction by a court in the scope of this Act, the convicted person has the ability to hold public office and to obtain rights from public elections, or the right to vote in public affairs or to vote, an order in accordance with paragraph 1 shall not be allowed as long as it has not recovered that ability or that right.(3) In the event of refusal of an order pursuant to paragraph 1, the applicant shall be notified of 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. Non-official table of contents

§ 50 Inwrongfully redeemed registrations

The Registry Authority has before deciding whether an injustice is wrong in the Register in the register is re-entered in the register to give the person concerned an opportunity to comment.

Fifth Section
Legal Effects of Tilting

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§ 51 Prohibition of exploitation

(1) If the registration has been or is to be eradicted via a conviction in the register, it is the offence and the conviction must no longer be held up by the person concerned in the course of legal proceedings and must not be used to the detriment of the person concerned.(2) The rights of third parties resulting from the offence or the conviction, legal consequences of action or the conviction and decisions of courts or administrative authorities which have been issued in connection with the act or the conviction shall remain unaffected. Non-official table of contents

§ 52 Exceptions

(1) The earlier act may only be taken into account by way of derogation from Section 51 (1) if
1.
The security of the Federal Republic of Germany or of one of its countries is an exception
2.
in a retrial, a report on the state of mind of the person concerned shall be reimbursed if the circumstances of the previous deed are for the assessment of its state of mind,
3.
the resumption of the previous procedure is requested or
4.
the person concerned is admitted to a job or a business, to the public service or to the issuing of a gun possession card, a munitions certificate, If the authorisation, cessation or issuing of the permit would otherwise lead to a significant risk to the general public, the same applies if the licence, cessation or issuing of the licence, would result in a significant risk to the general public. (
) By way of derogation from Section 51 (1), an earlier act may also be referred to as '
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1.
in a procedure to grant or extract a driver's license to the object has,
2.
to take into account measures taken in accordance with § 4 (5) of the Road Traffic Act
, as long as the Conviction in accordance with the provisions of § § 28 to 30b of the Road Traffic Act may be used. 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
Disclosure requirements of the convicted

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§ 53 Disclosure requirement for convictions

(1) The Convicted may be unpunished and do not need to disclose the facts on which the conviction is based, if the conviction is
1.
not included in the certificate or only in a management certificate according to § 32 para. 3, 4 or
2.
() As far as courts or authorities have a right to unrestricted information, the convicted person cannot derive any rights from paragraph 1 (1), if he is to be informed of this. name="BJNR002430971BJNG001203308 " />

Seventh Section
International Exchange of Register Information

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§ 53a Limits of international cooperation

The registration of a conviction not issued by a German court within the scope of this Act, in the register or the issuing of information from the register to a position of another State or to a body above and between the State shall be inadmissible if the conviction or the grant 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 Charter. of the fundamental rights of the European Union. Non-official table of contents

§ 54 entries in the register

(1) Criminal convictions that are not covered by German courts in the scope of application this law shall be entered in the register, if
1.
the convicted German or is born or resident within the scope of this Act,
2.
on the basis of the facts on which the conviction is based, or in accordance with the circumstances described above, the law applicable under this law, notwithstanding any procedural obstacles, a penalty or a measure of improvement and security,
3.
the decision is final.
(2) Condemning the conditions set out in paragraph 1 (2) only with regard to part of the deed act or deeds, will be the whole conviction is registered.(3) If a conviction is to be entered or is already registered, the following shall also be registered:
1.
as follow-up to subsequent decisions or any other Facts related to the conviction,
2.
conditions notified in the transmission of a criminal message, which use the message to be shared
3.
to the extent that it is a conviction from a Member State of the European Union, communications on
a)
the tilgung,
b)
the location of the perpetration, and
c)
the legal loss resulting from the
4.
a German decision, by which the foreign custodial sentence or measure of improvement and security has been declared enforceable.
If a registered conviction is supplemented by the registration of a follow-up measure, § 55 (2) shall not apply. Non-official table of contents

§ 55 Procedure in registration

(1) The register authority carries a conviction that is not a German court in the scope of this Act, if it has been notified of the conviction by an authority of the State which has pronounced it, and the notification does not show that the conditions of Section 54 are not met.(2) The person concerned shall be consulted immediately on 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 the notification of the decision. If the register authority does not help the complaint, the Federal Ministry of Justice shall decide. Non-official table of contents

§ 56 Treatment of entries

(1) Entries in accordance with § 54 shall be subject to the application of this law, such as entries by Convictions by German courts within the scope of this law are dealt with. In this case, the legal consequence of the law in force within the scope of this Act is the same as the law, which is the most appropriate legal consequence; the application of this law has no legal effect on the law of the law.(2) For the non-inclusion of a conviction in the certificate of management pursuant to § 54 and for the repayment of the registration, it is not necessary to carry out the execution.(3) § § 39 and 49 shall apply accordingly. Non-official table of contents

§ 56a Communication on foreign convictions

The register authority shall be entitled to the public prosecutor's office in the Register of criminal convictions not provided by a German court within the scope of this Act, if there is any real evidence that the communication on the purpose of the criminal justice system is required. If the competent public prosecutor's office cannot be established, the register authority shall send the notification to the public prosecutor responsible for its registered office. Non-official table of contents

§ 56b Storage for the purpose of providing information to Member States of the European Union

(1) Submitted a Central authority of another Member State a criminal conviction about a person who is a German citizen and is not allowed to register the conviction because the conditions of § 54 (1) (2) , the sentence shall be stored separately in the register, as well as consequential measures which are capable of being sent to the register. Any storage under this provision may only be sent to another Member State in support of a criminal proceedings in that State on the basis of a request for a request.(2) § § 42 and 55 (2) shall apply accordingly.(3) The storage will be deleted in the register if
1.
is notified that a repayment has been made by the Member State of the judgment, or
2.
five years have expired; § 47 (1) applies in the time of the time calculation.
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§ 57 Information on foreign as well as national and international agencies

(1) Request from offices of another state as well as over-and inter-governmental agencies In the case of an unrestricted information from the register or the issuing of a certificate to the authorities, they shall be issued in accordance with the provisions of international law applicable in accordance with the provisions of Article 59 (2) sentence 1 of the Basic Law. the legislative bodies have been involved, carried out by the register authority.In the absence of a contract of international law within the meaning of paragraph 1, the register authority may, as an exporting authority, provide the bodies referred to in paragraph 1 with unlimited information from the register for the same purposes and to the same extent. Give 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 shall not be provided insofar as the interests of the person concerned are adversely affected, in particular where an adequate standard of data protection is not guaranteed in the recipient country.(3) Regular notifications of criminal convictions and subsequent measures entered in the register (criminal messages) shall be made in accordance with the international treaties applicable to this purpose, which shall include the participation of the legislature. The bodies referred to in Article 59 (2) of the Basic Law were allowed to be established, prepared 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 condition registered in accordance with Article 54 (3), first sentence, point 2, shall be taken into account in the execution of requests pursuant to 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 this conviction. Non-official table of contents

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

(1) Criminal messages on 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 convicted 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), third sentence, shall apply accordingly.(2) A request from another Member State for an unrestricted information from the register to assist a criminal proceedings shall be dealt with by the register authority; the information shall also include the entries in accordance with section 56b in the EU. Section 57 (5) shall apply accordingly.(3) For the request of another Member State to obtain unrestricted information from the register or to issue a certificate of management to authorities in support of a non-criminal procedure or proceedings for a non-criminal proceedings § 57 (1), (2) and (5) shall apply mutagenally. 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 If the request is granted, the requesting Member State shall only be informed,
1.
that a criminal conviction of another Member State is present, the use of which is limited to criminal proceedings, and
2.
in which Member State the conviction has been issued.
(4) Request from a Member State the European Union, in order to obtain information from the register for non-criminal purposes, the nature or extent of which is not provided for in this Act, shall, in so far as the issue is granted in accordance with the provisions of the Act of The European Union is required, unless a specific technical assessment is required 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) as well as § 8e of the Administrative Procedure Act shall apply accordingly.(5) In order to include German register information in the certificate of management of another Member State, the latter shall, on his request, be a certificate of management for private or for submission to an authority pursuant to section 30 on a person who is the German be of nationality and residing 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 referred to in § 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 body.(7) requests solely for the purpose of providing information from the criminal record of another Member State of the European Union and for the extent to which they are subject to unlimited information in accordance with § 41 or a certificate of public authority in accordance with the provisions of Article 41 (1) of the Treaty § 31 shall be addressed to the central authority of the requested Member State through the register authority. Non-official table of contents

§ 58 Consideration of convictions

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

Third Part
The Education Register

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§ 59 Management of the Education Register

For the education register, the provisions of the second part apply, insofar as § § 60 to 64 do not determine otherwise. Non-official table of contents

§ 60 entries in the educational register

(1) The following decisions and decisions are included in the Education Register. Unless they are entered in the Central Register in accordance with Section 5 (2):
1.
the arrangement of measures pursuant to § 3 sentence 2 of the Youth Court Act,
2.
the order of Education measures or breeding funds (§ § 9 to 16 of the Youth Court Act), minor penalties or side-effects (§ 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 pursuant to Section 13 (2), second sentence, point 2, as well as the decision, which is removed from the Central Register pursuant to § 13 (3) ,
4.
Decisions in which the Judge leaves the choice and order of parenting rules to the family court (§ § 53, 104 (4) of the German Court of Justice). Juvenile Justice Act),
5.
Family Court orders, issued following a decision in accordance with point 4,
6.
the acquittal due to lack of maturity and the cessation of the procedure for this reason (§ 3 sentence 1 of the juvenile justice law),
7.
the cessation of the persecution under § 45 of the Juvenile Court Act and the cessation of the proceedings according to § 47 of the juvenile court law,
8.
9.
Preliminary and final decisions of the Family Court pursuant to § 1666 (1) and § 1666a of the Family Court Civil Code as well as decisions of the Family Court pursuant to § 1837 (4) in conjunction with Section 1666 (1) and § 1666a of the Civil Code, which concern the concern for the person of the minor; and the decisions to be taken 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 § 45 (3) or § 47 (1), first sentence, of the juvenile justice act is also the measure taken by the judge shall be entered.(3) If a Jugendarrest has been ordered, its complete non-execution shall also be registered.(4) (omitted) Non-official table of contents

§ 61 Information from the educational register

(1) entries in the Education Register may be made without prejudice to the § § 42a, 42c-only to be communicated
1.
the criminal courts and public prosecutors for the purpose of the Administration of justice, as well as the law enforcement authorities, for the purposes of the enforcement of the law, including the review of all persons working in the prison system,
2.
the family courts for procedures relating to the concern for the person of the person in the register,
3.
the Youth Offices and the State Youth Offices for the perception of Educational tasks of youth assistance,
4.
the grace authorities for causes of grace,
5.
for Competent authorities responsible for arms and explosives-law with the proviso that only decisions and arrangements pursuant to § 60 (1) (1) to (7) may be communicated.
(2) As far as authorities are concerned both from the central register and from In the case of a request for information from the central register (section 41 (4)), the register of confisers shall also be informed of the entries received in the educational register.(3) Information from the educational register may not be forwarded to any of the authorities other than those referred to in paragraph 1. Non-official table of contents

§ 62 Suchvermerke

In the educational register, search records under the conditions of § 27 can only be found by the authorities , to which information is given from the educational register. Non-official table of contents

§ 63 Removal of registrations

(1) entries in the educational registry are removed as soon as the person concerned has the 24. Year of life has been completed.(2) The distance shall not be removed as long as a conviction is registered in the central register on imprisonment, criminal or juvenile justice, or a detention order for the purpose of improvement and security.(3) The Registry Authority may, on request or on its own account, order that entries be removed prematurely if enforcement is carried out and the public interest is not contrary to such an order. Section 49 (3) shall apply.(4) § § 51, 52 shall apply accordingly. Non-official table of contents

§ 64 Restrictions on disclosure obligations of the person concerned

(1) entries in the educational registry and the The person concerned does not need to disclose the underlying facts.(2) Where courts or authorities have a right of access to information from the educational register, the person concerned may not derive any rights from paragraph 1 if he is informed thereof.

Fourth part
Acquisition of the criminal record at the Attorney General of the German Democratic Republic

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§ 64a Criminal records of the German Democratic Republic

(1) The register authority is responsible for the storage, modification, transfer, blocking and deletion of the entries and the underlying documents of the previously held attorney general of the Germans. Democratic Republic of the Republic of the Republic of Germany, which is responsible for the responsibility for data protection in this regard.(2) The records of the criminal records previously held with the Attorney General of the German Democratic Republic shall be registered in the Central Register or the Education Register. 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 educational register after examination by the register authority, having regard to: Paragraph 3. The decision to take over all entries has to take place within three years.(3) No entries are taken
1.
about convictions or findings in which the underlying is no longer punishable by law at the time of the adoption of this law or is subject to disciplinary measures,
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 in the sense of the Criminal Records Act of the German Democratic Republic.
For convictions that have not been taken over, § § 51 to 53 apply.(4) Until the decision on the acquisition is made, the entries referred to in paragraph 1 shall be stored outside the central register or the educational register and shall be blocked for information under this law. 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 treated in accordance with the provisions of this Act from the date of the takeover decision.(5) The repayment period shall continue to be calculated in accordance with the provisions of 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. Non-official table of contents

§ 64b entries and registration documents

(1) The entries stored in accordance with Section 64a (1) and Registration documents from the former criminal record of the German Democratic Republic shall be in accordance with the provisions of the 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) Upon request, the competent authorities may be informed of the entries which have not been incorporated into the central register or the educational register pursuant to Section 64a (3), in so far as this is done by judges and prosecutors on the grounds of their service. Activities in the German Democratic Republic are required for the provision of services or for the rehabilitation of affected persons. The notification may include any entries which the requesting body requires for its decision in accordance with the first sentence, or only such entries, which satisfy certain entry characteristics specified by the requesting body. name="BJNR002430971BJNG001402309 " />

Fifth Part
Transient and Final Provisions

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§ 65 inheritance Entries in the Central

(1) Entry into the criminal record prior to the entry into force of this Act shall be entered in the Central Register.(2) No entries will be made on convictions for
1.
A fine more than two years before the entry into force of this law, if the penalty for replacement is not more than three months and no further entry is included in the register,
2.
fine, where the conditions of number 1 are not available, imprisonment and juvenile penalty of no more than nine months, and criminal remnant, if the penalty is more than five years prior to the entry into force of this law,
3.
Imprisonment and juvenile sentence of more than nine months, but not more than three years, the has been pronounced more than ten years before the entry into force of this law,
4.
Imprisonment and juvenile punishment 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 does not apply if
1.
The person concerned as a dangerous habitual criminal or within the last ten years before the entry into force of this law to imprisonment or juvenile sentence of more than nine months,
2.
against the person concerned for accommodation in a home or nursing home or on the subject of a licence to be issued for ever
(4) No further entries will be made for decisions of administrative authorities from the period up to 23 years. May 1945.(5) The entries to be transferred to the Central Register shall be dealt with in accordance with the provisions of this Act. Non-official table of contents

§ 66 Entry into force of this Law or Redeemable Entries

For the convictions that apply to the The entry into force of this law in the criminal record or are ripe for repayment or which are not transferred to the central register pursuant to Section 65 (2) shall be governed by § § 51 to 53. Non-official table of contents

§ 67 Eintraungen in der Erziehungskartei

The entries in the register of entries in the Legal guardianship and legal guardianship are to be taken over in the educational register. Non-official table of contents

§ 68 Provisions and designations in other regulations

As far as the law is limited to the law Information from the criminal record and the repayment of criminal records or on provisions of the Juvenile Justice Act concerning the treatment of convictions in the criminal record according to juvenile justice, is referred to or uses names , which are repealed or amended by this Act, shall replace the relevant provisions and terms of this Act. Non-official table of contents

§ 69 Transitional rules

(1) Are criminal convictions that are not covered by German courts in the scope of application of this law, before the 1. The date of entry into the central register or the educational register in August 1984 shall be the registration in accordance with the date of entry into force of the Second Law amending the Federal Central Register Act of 17 June 1984. July 1984 (BGBl. 990),(2) Convictions for a criminal offence in accordance with § § 174 to 180 or § 182 of the Criminal Code to a custodial sentence or juvenile sentence, which is before the 1. In accordance with the provisions of this Act, the date of entry into the Central Register shall be that of 1 July 1998. The text was amended as amended in July 1998. A certificate or an unrestricted information shall be provided before the 30. It was only taken up in condemnation in January 1998 to the extent that they were to be included in a certificate of management or an unrestricted information at that time.(3) Eintraungen according to § 11, which shall be before 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. Section 24 (4) shall apply accordingly.(4) Convictions for a criminal offence in accordance with § § 171, 180a, 181a, 183 to 184f, 225, 232 to 233a, 234, 235 or § 236 of the Criminal Code, which prior to the 1. In accordance with the provisions of this Act, May 2010 shall be entered in the Central Register in the The text is in force in May 2010. unofficial table of contents

§ 70

(omitted) unofficial Table of Contents

§ 71

(omitted)