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Decision of 25 March 2004 establishing the legal information and providing for the provision of this information and implementing certain provisions of the Law on Legal Information Act (Decision on judicial data)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Justice of 20 February 2004, No 5271210/04/6;
Having regard to the Article 2, second and third paragraphs , 4, fifth paragraph , 8, fourth and fifth members , 9, 1st Member , 13, first paragraph , 25 , 36 , 39 and 49 of the Judicial Data Act ;
The Council of State heard (opinion of 24 March 2004, No W03.04.0085/I);
Having regard to the further report of our Minister of Justice of 24 March 2004, No 5278333/04/6
Have found good and understand:
For the purpose of this Decision:
a. Act: the Law and punitive data law ;
b. sepot: the decision of the public prosecutor ' s office for non-prosecution or not further prosecution of the case;
c. Central authority: the central authority referred to in Article 3 (1) of the Council Framework Decision 2009 /315/JHA of 26 February 2009 on the organisation and content of the exchange of information from the European Union. criminal record between Member States (PbEU L 93/23). In the Netherlands, this is the Judicial Information Service;
(d) Member State: Member State of the European Union;
e. criminal proceedings: the stage prior to the criminal trial, the criminal trial itself and the execution of the conviction.
In the case of criminal offences, judicial data shall be deemed to be Articles 6 and 7 reported data of cases the minutes of which have been reported by the public prosecutor ' s office or the attorney general to the High Council on the basis of Article 76 of the Law of the Judiciary treatment has been taken.
In the case of infringements, the following shall be regarded as judicial data:
a. the in Articles 6 and 7, first paragraph The information contained in cases where the prosecutor has taken a decision to adjuition of the case with the exception of the decision to issue a criminal act imposing only a fine that is less than a penalty than € 100,-and the decision not to prosecute the case, unless conditions have been imposed on the latter's decision;
b. the in Articles 6 and 7, first paragraph The facts mentioned in cases where the court has taken a right of revocable or non-revocable decision to the extent that a penalty of duty or custodial sentence, other than replacement, has been imposed or a fine of at least € 100, as well as the cases in which a penalty has been imposed. Additional penalty has been imposed.
1 By way of derogation from Article 3 shall be classified as judicial data in respect of the offences referred to in paragraph 2. Articles 6 and 7 reported data of cases the minutes of which have been examined by the public prosecutor's office.
2 The offences referred to in the first paragraph shall be:
a. the offences relating to the general safety of persons and goods, mentioned in Title I of the Third Book of the Criminal Code ;
b. the offences relating to public order, mentioned in Title II of the Third Book of the Criminal Code ;
c. the offences relating to fraud, intended for the purpose of Articles 447c and 447d of the Code of Criminal Law ;
d. the violation relating to the mores, mentioned in Title VI of the Third Book of the Criminal Code ;
e. the duties violations, mentioned in Title VIII of the Third Book of the Criminal Code ;
f. the violations of the Law on economic crimes ;
g. the violation of Article 30, first, second and fourth paragraphs In conjunction with Article 2 of the Motor Vehicle Liability Insurance Act ;
h. the violation of Article 34 , third member, in conjunction with Article 2 of the Motor Vehicle Liability Insurance Act ;
i. the violation of Article 107, first paragraph, of the Road Traffic Act 1994 ;
j. the violation of Article 110, first paragraph, of the Road Traffic Act 1994 , in so far as the offence has been committed with a vehicle for driving that requires a driving licence;
k. the violation of Article 5.6.8, first paragraph, Scheme vehicles , if the maximum construction speed has been exceeded by more than 15 kilometres per hour;
l. the violation of the Articles 19 , 20, introductory wording and under a and b , 21, introductory wording and under a and b , 22, introductory wording and points a, b, d, e, f and g and 62 in conjunction with plates A1 or A3 of Annex 1, of the Rules of Procedure and traffic signs 1990 , to the extent that no administrative penalty is imposed on the infringement;
m. the violation of Article 8.06, first paragraph, of the Inland waterway police and Article 5.01 Inland Navigation Police in conjunction with a traffic sign B6 or a communication with the same effect as a traffic sign as intended in Article 13 Decision administrative provisions shipping traffic as far as small ships are concerned, each if the maximum speed is exceeded by more than 25 kilometres per hour;
n. the violations of the Aliens Act 2000 ;
o. the violations of the Gambling law ;
p. the violations of the Arms and Ammunition Law ;
q. the violations of the Liquor and Horecawet ;
r. the violations of the Flora and Faunal Law ;
s. the offences referred to in Article 35b, 1st paragraph, of the Shipping Traffic Act ;
t. the violations of the Rules governing traffic and traffic signs , in so far as it concerns:
1 ° the violation of Article 11, second paragraph ;
2 ° the offences of Article 42 ;
3 ° the infringements of Article 43, first and second paragraphs ;
4 ° the offences of Article 43, third paragraph , in so far as the offence concerns driving over the flight strip or the airport;
5 ° the offences of Article 49, first and second paragraphs ;
6 ° the offence of Article 62 in conjunction with Article 72 (b) ;
7 ° the violation of Article 82, first paragraph ;
8 ° the offences of Article 82a in conjunction with Article 41a (1) (a) (1) and (4) , and
9 ° the offences of Article 83 ;
u. the violations of the Road traffic law 1990 , in so far as it concerns:
1 ° the violation of Article 12 , and
2 ° the offences of Article 160, first paragraph , in so far as it relates to the non-stop of a motor vehicle on the basis of a first claim.
3 The first paragraph shall apply mutatis mutandis to cases brought under consideration by the Attorney General of the High Council and of which the Hoge Raad shall, as a result of Article 76 takes note initially and at the same time as a senior authority.
1 In the case of judicial data, criminal decisions are to be taken on the basis of the Articles 257b and 257ba of the Code of Criminal Procedure , with the exception of the criminal proceedings in which a fine is imposed which is less than € 100, issued in respect of offences.
2. judicial data shall be deemed to constitute criminal proceedings in respect of criminal offences issued under the provisions of the Article 76 of the General Law on State Taxation and 10:15 of the General Customs Act .
3 Article 7, first paragraph, parts c and h , shall apply mutatis mutandis.
1 With regard to natural persons, the following shall be regarded as judicial data:
a. The generic name and prefixes;
b. First name or forenames;
c. the address;
d. the place of birth or place of birth and the country of birth;
e. the date of birth or, if unknown, the year of birth;
f. person identification numbers; and
g. Nationality.
2 With regard to legal persons, the following shall be regarded as judicial data:
a. Name;
b. the legal form;
(c) the registered place of residence;
d. the actual place of establishment, including the address and the country; and
e. the number under which the undertaking in accordance with the Commercial register law 1996 is entered in the commercial register.
1 To the extent applicable as judicial data within the meaning of the Articles 2 , 3 , 4 and 9 Marked:
a. Any decisions taken by the Public Prosecutor ' s Office or the courts, with the exception of:
1 °. the decision not to prosecute because the person concerned has been wrongly regarded as a suspect;
2. the decision not to prosecute after the adoption of a lawful order of business of an official referred to in the Article 1, first paragraph, of the Crafts ' instruction for the police, the Royal Marechaussee and other investigating officers ;
b. The parquet number;
c. the punitive provisions of the offence;
d. the qualification of the offence;
e. the social classification of the offence;
f. the date or period in which the offence occurred;
g. if the fact has been dismissed:
1º. the date of the decision;
2º the sepotcode and the additional sepotground or sepotgrounds;
3º. the conditions laid down in the decision to conditional on parole;
4º. the date on which all the conditions laid down are fulfilled;
h. if the fact of the decision is taken by means of a criminal decision:
1 °. the date on which the penalty decision was issued;
2 °. the penalties, measures and indications imposed;
3 °. the date on which the penalty decision has become irretrievable;
4 °. the date on which the penalty decision was fully implemented;
5 °. the indication that the penalty decision can be regarded as a given as intended for the purpose of the Articles 10 , 11 or 12 of the Act as well as the date on which the entry may no longer be considered as such;
If a provisional measure has been taken on the basis of the Law on economic crimes has been imposed:
1º. the indication of the provisional measure;
2º. the termination, renewal, amendment, revocation or termination;
(j) if the matter is decided by a court ruling:
1º. the court which delivered the judgment;
2º. the date of the Award;
3º. the content of the Award, including the qualification of the fact and the criminal provisions involved;
4º. all conditions imposed by a decision;
5º. the date on which the Award is irrevocable;
6º. the date of the presumed end of a probationary period;
7º. the indication of whether the Award can be considered as a given as intended in the Articles 10 , 11 or 12 of the Act as well as the date on which the entry may no longer be considered as such;
k. if the judicial decision has been implemented;
1º. the date and manner in which the implementation was terminated;
2º. the date and the manner in which the penalty or custodial sentence has been caught and terminated;
3º. where full implementation has not been achieved, the date of implementation of the replacement penalty;
l. the date of release.
2 As judicial data as referred to in the Articles 2 and 4 The following shall also be considered:
a. The "arrondissementsparket" or "ressortsparket", which has taken the case into consideration;
b. the date of receipt of the minutes of the arrondissementspbrket or of ressortsparket;
c. the date on which the Attorney General at the Supreme Council on the ground of Article 76 of the Law of the Judiciary the case has been taken into consideration.
1 If partial or partial pardon is given of the penalty or measure imposed, the following information shall be regarded as judicial data:
(a) the date and number of the royal decree to that effect;
b. the provisions attached to the Decision;
c. the modification or revocation of a decision to grant a pardon.
2 In case of application of the Law transfer enforcement of criminal judgments shall be regarded as judicial data also as a result of the decision taken in a State other than the Netherlands which is the result of which the right of enforcement in the Netherlands of a judgment delivered by the judge of that State is wholly or partly are due to expire. Article 7, first paragraph, point (j) , shall apply mutatis mutandis.
1 On the basis of international obligations, decisions made by other judges other than the Dutch courts shall be regarded as judicial data.
2 The first paragraph shall apply mutatis mutandis to criminal proceedings of other competent authorities notified to Our Minister and to the extent to which the offence in respect of which the penalty has been imposed in the Netherlands may be regarded as a criminal offence.
3 Article 7, first paragraph, point (j) , shall apply mutatis mutandis.
The information of the judicial authorities shall be limited to:
a. The Prosecutor's Office;
b. the dishes;
c. Foreign dishes;
d. Our Minister;
e. the Central Judicial Incasing Office, intended in Article 1, of the Decision of the Central Judicial Establishment of the Central Office of the Office ;
f. Investigation officers.
Judicial data referred to in the Articles 10 , 11 or 12 of the Act , if requested, shall be sent to the President of the Commission, as appropriate Article 8, first paragraph, of the Law for damages-violent crimes for the purposes of the work entrusted to the Commission by this Law.
1 For the purpose of maintaining public order in connection with the return of the person concerned in society, our Minister, to the Mayor or to the official designated by him, may provide judicial data as referred to in Article 2 (1). Article 6, first paragraph , and Article 7, first paragraph, points a, b, c, d, f, j, k and l , the provision of natural persons who have been irrevocably sentenced to:
a. An unconditional deprivation of liberty or deprivation of liberty in respect of a crime specified in the following articles of the Penal code :
1 ° 240b , 242 to 247 , 248a to 248th , 249 , 250 , 250a (old), 252, second and third members , 273a (old), 273f , 282 , 282a , 282b , 287 , 288 , 288a and 289 ;
2 ° 141, second paragraph , 302 and 303 , if the unconditional part of the custodial sentence or measure imposed is a year or a longer period.
b. the measure referred to in Article 37a of the Code of Criminal Law ;
c. the measure referred to in Article 77s of the Penal Code , if it can be extended on the basis of Article 77t, third paragraph, of this Act .
2 For the purpose of providing information to the mayor for the purpose of maintaining public policy in connection with the return of the person concerned to society, our Minister may, of the natural persons the judicial data referred to in Article 6, first paragraph , and Article 7, first paragraph, points a, b, c, d, f, j, k and l , to be provided within a national unit as referred to in Article 25, first paragraph, part b, of the Police Act 2012 Designated investigation officers.
3 Judicial data shall not be issued earlier than three months before the time of the expected return of the person concerned to the carrier.
4 The mayor shall destroy the judicial data provided under paragraph 1 not later than nine months after the date of the provision, if the measures have not been taken. If the adoption of measures has been decided, the mayor shall remove the judicial data provided under paragraph 1 at the latest nine months from the date of the provision. The data removed shall be retained for a period of five years for the purpose of accounting, after which the data shall be destroyed.
5 The first paragraph, points (a) and (b) shall not apply to persons to whom Title VIIIA of the First Book of the Criminal Code was applied.
1 For the purpose of compliance with the Article 3, second paragraph , 4, first and second members , and 9, 4th member, of the Law Police Data Act judicial data referred to in the Articles 6 and 7, first paragraph, point (b) g, h, part 4 °, i, j, part 3 °, and k , provided to the person responsible, intended to Article 1 (f) of the Police Data Act and in Article 1 (c) of the police information decision .
2 The responsible destroyes the received judicial data immediately after the attainment of the purpose of the provision.
1 For the purpose of the responsibility, intended in the Articles 2.1 and 2.4, second member, of the Youth Act , Our Minister may, as a member of a judicial authority designated by the college of mayor and aldermen, or a judicial officer appointed by the College and be designated by the College and be designated by the College, be responsible for the activities of the Article 6, first paragraph, part f , and Article 7, first paragraph, points (j), (5) and (6) , provide individuals with regard to who is determined to qualify for a form of youth assistance or youth rehabilitation, as intended in criminal law, as provided for by criminal law. Article 1.1 of the Youth Act .
2 The College of Mayor and Alderman shall take measures to ensure that the judicial information provided under paragraph 1 of this Article is completed within 12 months of the end of the implementation of the criminal law referred to in the first paragraph. decision shall be destroyed.
1 Judicial data as referred to in the Articles 10 , 11 or 12 of the Act shall be issued on request to:
a. Our Minister for the purpose of giving a positive or negative statement to foreign authorities about visa issues to be granted;
b. Our Minister for the provision of certain information to foreign authorities about prospective emigrants;
(c) Mayors to the extent that this is necessary for the exercise of a statutory obligation to give advice on a particular person to another governing body,
d. Mayors, if such information is necessary on the basis of a major general interest for the purpose of giving advice to another governing body and the College has granted personal data waiver.
2 Judicial data shall be provided to our Minister on request for the purpose of giving a positive or negative clearance to foreign authorities for participation in automated border passage programmes of other countries.
If in a law designated by this Article and the provisions based thereon with a view to the adoption of decisions in the sense of Article 1:3, 1st paragraph, of General Law governing law Judicial data shall be communicated to the persons or colleges which are responsible for taking such decisions on the basis of those laws, where appropriate, judicial data shall be provided.
2 The first paragraph shall apply mutatis mutandis to the administrative organ which decides on an administrative appeal.
3 The laws, referred to in paragraph 1, shall be:
a. the Liquor and Horecawet ;
b. the Flora and Faunal Law ;
c. the Road Traffic Act 1994 ;
d. the Explosives for civil use ;
e. the Gambling law ;
f. the Conscription of the framework law .
4 If, in a general local regulation, in the context of the assessment of the application for an authorisation for the business of providing sexual acts with a third party to the payment of a payment, linked to certain irrevocable off-loans, the first paragraph shall apply mutatis mutandis.
1 For the purposes of taking a decision to impose administrative penalties, the administrative body responsible for taking such a decision on the basis of the laws referred to in paragraph 2 shall, on request, be sent to the Board of Justice of the European Union for the purpose of taking such a decision. provides that it is necessary for the assessment of, or is, a repeated violation of the rules of those laws.
2 The laws referred to in paragraph 1 shall be:
a. the Supplements Act ;
b. the Unemployment law ;
e. the Incapacity for work insurance ;
f. the Law on incapacity for work of young handicapped persons ;
g. the Law employment and income to work ;
h. the Disease law ;
i. the General Child by-entry law ;
j. the General Survivors Act ;
k. the General Old-age Law ;
l. de Income Provision of the elderly and partially unemployed unemployed workers ;
m. the Law on income provision older and partly incapacitated self-employed workers ;
n. the Participation Act .
3 The Governing Body, which receives judicial data under the first paragraph, may continue to provide such information to other administrative bodies responsible for the adoption of a decision as referred to in paragraph 1.
Judicial data shall be provided, upon request, to the Head of the General Intelligence and Security Service and Head of the Military Intelligence and Security Service for the purposes of the performance of these services.
1 Judicial data shall be supplied on request to:
a. The Office of Promotion Integrity Assessers by the Public Administration, referred to in Article 8 of the Law Promoting integrity assessments by the public administration , for the purposes of the exercise of his legally defined function;
b. administrative and legal persons with a government function as referred to in Article 1, first paragraph, point (a) of the Promotion Integrity Assessments by Public Administration In so far as is necessary in cases where they are competent to apply such Law ;
2 The legal information provided under paragraph 1 (b) concerns only the person concerned, which is intended to be Article 1, first paragraph, point (e) of the Promotion Integrity Assessments by Public Administration . If the person concerned is a legal person, the data refer to both the legal person and the directors, as well as the data relating to criminal offences to which the person concerned is responsible. Article 51, second paragraph, below 2 °, of the Criminal Code It has been based. Where a driver is a legal person, the data shall also concern that legal person, and its drivers. If the data subject is a partnership or partnership, the data shall cover the measures, other than the members, except for the details of the partner and commandite, and the information relating to offences to which Article 1 of the 51, second paragraph, below 2 °, of the Criminal Code has been based. Where the members or entities have legal personality, the information shall refer to those legal persons and their drivers.
Judicial data shall be provided on request to:
(a) Our Minister for the control of legal persons with a view to the prevention and control of abuse of legal persons, including the committing of crimes and infringements of a financial-economic nature by or through such legal persons; legal persons referred to in Article 2, first paragraph, of the Law Monitoring of Legal Persons ;
b. Our Minister and the mayors to the extent necessary in the context of the assessment of a request for the acquisition of the Dutch landscape on the basis of the Dutch law on the Dutch landscape ;
c. Our Minister to the extent that this is necessary for the processing of this data in the Client Tracking System Youth Crime Tracking System;
d. Our Minister and the Chief Minister to the extent that this is necessary for the implementation of the Arms and Ammunition Law , the Law of private security organisations and search agencies and of the Flora and Faunal Law ;
e. Our Minister of Defence and the Head of the Tax Office, the Central Service for Export and Export, to the extent that this is necessary for the implementation of the Arms and Ammunition Law and other regulatory measures within that framework.
1 Judicial information shall, to the extent necessary for the performance of their duties, be supplied on request to:
a. The director of the foundation and the probation institution, intended in Article 1 (b) and (c) of the 1995 Reclassical Scheme ;
b. Reclassical workers specified in Article 6, first paragraph, of the 1995 Reclassical Scheme ;
c. The staff of the certified establishment, intended to be Article 1.1 of the Youth Act , which are responsible for the implementation of the youth rehabilitation programme;
d. The Director or Respany Director of the Board of Child Protection;
e. the conduct experts responsible for drawing up reports or opinions as referred to in the Articles 37, second and third paragraphs and 37a, third member, of the Penal Code .
2 The persons referred to in paragraph 1 may also take note of the judicial data relating to offences against the morons referred to in Article 2 (1) of the EC Treaty. Article 4 of the Act .
3 Judicial data shall be provided to the extent necessary for the execution of the Forensic Care Interim Decision provide to healthcare providers that provide forensic care.
Judicial data shall be provided upon request to the directors of the establishments specified in the Article 1 (b) of the Penitentiary Principles of Principles , Article 1 (b) of the Principles Act, nursing at the disposal of the and Article 1 (b) of the PrincipLaw of Judicial Youth , in so far as they require:
a. for the selection and detention of persons in respect of whom the execution of a custodial sentence or measure involving deprivation of liberty takes place;
b. For taking decisions on leaving the establishment on a leave basis.
Judicial data shall be provided, upon request, to the Council for criminal justice and youth protection, in so far as it is necessary for the adoption of decisions on appeal or suspension of proceedings.
Judicial data shall be provided for the purposes of the implementation of the Aliens Act 2000 provided, on request, that:
a. Our Minister for Immigration, Integration and Asylum;
b. The persons referred to in the Articles 46 , 47 and 47a of the Aliens Act 2000 .
Judicial data shall be provided for the purposes of the implementation of the Passport et provided, on request, that:
a. the authorities referred to in Article 24 of that Act , in connection with the application of a refusal or revocation of a travel document;
b. the authorities referred to in Article 25, third paragraph, of that Act , in relation to the listing of a person in the register kept under that Article;
c. the authorities referred to in Article 44, first paragraph, of that Act , in connection with the adoption of a decision to refuse or issue a travel document.
Judicial data shall be provided on request to:
a. The auxiliary officer of justice for the purposes of effective enforcement of the rule of law, intended to Article 3 of the Polition Act 2012 and the performance of the tasks specified in Article 3 of the Special Investigation Services Act , as well as the auxiliary prosecutor of the Royal Marechaussee for the purposes of the police duties, Article 4, first paragraph, of the Polition Act 2012 ;
b. the Head of a Department in charge of handling requests for legal assistance, of a national unit as referred to in Article 25, first paragraph, part b, of the Police Act 2012 for checking the accuracy of the data from the Police registries, based on a request for legal assistance by authorities of a foreign State, as intended Article 552h of the Code of Criminal Procedure , whether supplied on behalf of the D.A.,
c. the Head of a Department in charge of handling requests for legal assistance, of a national unit as referred to in Article 3 (1) of the EC Treaty. Article 25, first paragraph, part b, of the Police Act 2012 , or in the case of direct provision of the rebate or the commander of the Royal Marechaussee for the purpose of verifying the accuracy of the information of the police records, which, without seeking a request, made on the basis of Article 5: 1 of the Political Data Decision to be provided to police authorities in another country;
d. The Head of the Unusual Transactions of the Unusual Transactions referred to in Article 12 of the Law on the prevention of money laundering and financing of terrorism , where it is necessary to assess whether the unusual transactions are important for the prevention and detection of crime;
e. de corps, to the extent necessary for the implementation of Article 8 of the Europol Convention;
f. The Commander of the Royal Marechaussee to the extent that this is necessary for the implementation of the Law of private security organisations and search agencies .
Judicial data shall be provided on request to:
a. The contact officers referred to in Article 58 of the Law on Economic Crimes , for the purpose of the activities assigned to them as such;
b. The officials designated for that purpose by our Minister of Infrastructure and the Environment on the matter of offences:
2 °. which may result in failure to meet the reliability requirement, specified in Article 5 of the Passenger Transport Act 2000 and Article 2.8 of the Road Transport Act ,
3 °. as intended in Article 35b, 1st paragraph, of the Shipping Traffic Act , or
4. second, to the extent that the offences have been committed by a carrier established in another Member State or his transport manager.
Judicial data of the person in possession of a driver card as intended in Article 1 (h) of the Transport Decision 2000 , shall be automatically granted to our Minister. Our Minister provides the judicial data provided in Article 6, first paragraph , and Article 7 (f) (f) In relation to the offences which are relevant to the assessment of a declaration of conduct requested for the exercise of the profession of taxi driver, further to our Minister for Infrastructure and the Environment, to the attention of the Minister for the Protection of the on application of Article 82, sixth paragraph, of the Road Transport Decision 2000 .
Judicial data of the persons referred to in the Articles 1.50 , 1.56 , 1.56b and 2.6 of the Law on childcare and quality standards in kindergnae-play halls , shall be automatically granted to our Minister. Our Minister provides the judicial data as intended Article 6, first paragraph , and Article 7 (f) (f) In relation to the offences which are important for the assessment of a statement of conduct requested for the purpose of working in child care or in the playbook, our Minister for Social Affairs and Employment and the College of Mayor and Alderman for the purpose of monitoring compliance with the quality requirements set by Articles 1.50, 1.56, 1.56b and 2.6 of the Child Care and Quality Playrooms Law to the Exploitation of childcare facilities or playrooms.
Judicial records of the person holding an access licence as referred to in Article 11a, first paragraph, of the Decision on civil aviation security , shall be automatically granted to our Minister. Our Minister provides the judicial data, intended in the Articles 6, 1st paragraph , and 7, first paragraph, point (f) For the purposes of the criminal offences which are relevant to the assessment of an application for the purpose of a declaration of conduct for the purpose of carrying out the activities at an aerodrome, further to the operator of the field of activity, for the purpose of applying Article 11a, paragraph 4 of the Civil Aviation Decision, to the relevant aerodrome.
1 Legal information shall be carried out for the purposes of the examination of the reliability and fitness of a person wishing to benefit from a post in an officialservice, to the extent that the function is peculiar to the judicial authority, in order to enable it to be carried out by a the integrity or responsibility of the data subject, as requested, shall be provided to:
a. Head of the General Intelligence and Security Service insofar as it concerns persons who wish to be eligible for a service;
b. de corpschef insofar as it concerns persons who wish to be eligible for a service to the police;
c. the Supervisory Board of the Land Selection and Training Institute Police, Police Education and Knowledge Centre insofar as it concerns persons who wish to qualify for a service as intended. Article 10, first paragraph, part a, of the Law at the LSOP and Police Education ;
d. the College of Directors of the Land Selection and Training Institute Police, Police Education and Knowledge Centre, insofar as it concerns persons who wish to qualify for a service as an official as intended in Article 10, first paragraph, part b, of the LSOP Law and the Police Education ;
e. the College of Prosecutors-General as far as the persons who wish to qualify for employment as official of the State Department of the Public Service;
f. Our Minister for Foreign Affairs insofar as it concerns persons who wish to be eligible for employment in the Foreign Office;
g. the Director-General for Taxation, in so far as it concerns the penalty and fraud coordinator, the contact officer General Law on State Taxation, the staff fraud team and the Authority manager and the application manager;
h. the Chairman of the Tax Office Management Team/Fiscal Intelligence and Enquiry Service Economic Audit Service insofar as it concerns the persons who wish to be eligible for the function of the APB;
i. Head of the General Inspection Service of the Ministry of Economic Affairs, Agriculture and Innovation in so far as it concerns those who wish to be eligible for the function of the investigating officer;
j. the Inspector-General of the Inspection Traffic and Water State as far as the persons wishing to benefit from the function of the investigating officer are concerned;
k. the Director of an establishment as referred to in Article 1 (b) of the Penitentiary Principles of Principles , the Director of an establishment as referred to in Article 1 (b) of the Principles Act, nursing at the disposal of the , the Director of a provision referred to in Article 4, first paragraph, of Temporary Emergency Capacity Act Drug couriers , the Director of a border bed as referred to in Article 2, introductory wording, point (1) of the Rules of Procedure as well as the Director of an establishment as referred to in Article 1 (b) of the PrincipLaw of Judicial Youth as far as persons wishing to qualify for a service are concerned.
2 The first paragraph shall apply mutatis mutandis where an examination of the reliability and suitability of a person is carried out by an administrative service on the basis of a legal provision during the employment of an administrative service.
Judicial data shall be provided to our Minister on request for the purposes of:
(a) take decisions on the reliability of special investigation officers;
(b) taking decisions on the reliability of the investigation officers of the special investigation services, mentioned in Article 2 of the Law on Special Investigation Services .
c. the examination of the reliability and suitability of persons wishing to qualify for a function in the judicial authority or as a judicial officer in the Public Prosecutor's Office;
d. the examination or objections exist against the fulfillment of the function as a member of a supervisory committee of the arrest of arrestantals as intended Article 24, first paragraph, of the Administrative Police Decision .
Judicial information shall, for the purposes of admission to the establishment of persons not included in the establishment or establishment, be provided to the extent necessary for the order or safety of the establishment or establishment, or provision, upon request, provided:
a. The Director of an establishment as referred to in Article 1 (b) of the Penitentiary Principles of Principles ;
(b) the Director of an establishment for the purpose of nursing at the disposal of the Article 1 (b) of the Principles Act, nursing at the disposal of the ;
c. the Director of a provision referred to in Article 4, first paragraph, of Temporary Emergency Capacity Act Drug couriers ;
d. The Director of a border bed as referred to in Article 2, introductory wording, point (1) of the Rules of Procedure ;
e. the Director of an establishment as referred to in Article 1 (b) of the PrincipLaw of Judicial Youth .
1 Judicial data shall be supplied on request to:
a. The Director of the Netherlands Central Institute for Giraal Effectencirculation BV for the purposes of the examination of the reliability and suitability of persons who wish to qualify for a service with that legal person; in Dutch Interprofessional Effectencentrum NIEC BV or who already fulfil a service to one of these legal persons but wish to qualify for another service of one of these legal persons as well as for the benefit of of the investigation of the reliability and suitability of persons in the process of to pursue such legal persons for such a long period as to make their position assimilated to that of employees in the service;
(b) the President of De Nederlandsche Bank N.V. for the purpose of examining the reliability and suitability of persons who undertake or carry out the work of that legal person or the European Central Bank;
c. the President of De Nederlandsche Bank N.V. for the purpose of the examination of the reliability and suitability of persons charged with the transport of banknotes in connection with an agreement with De Nederlandsche Bank N.V. coins or semi-finished products used in the manufacture of banknotes or coins;
d. The Director of Joh. Enschedé Facilities BV for the purpose of investigating the reliability and suitability of persons responsible for the production of banknotes and securities;
e. the Chairman of the Financial Markets Authority for the purposes of the investigation of the reliability and suitability of persons wishing to benefit from a service to that administrative body or who already have a service fulfil in this administrative body, but who wish to benefit from a different service to that administrative body, as well as for the purpose of examining the reliability and appropriateness of persons who are involved in that administrative body engage in work for such a long period of time that their position can be -equivalent to the employment of employees.
2 The first paragraph shall apply mutatis mutandis with a view to making decisions on the dismissal of staff.
1 Judicial data shall be provided, on request, for the purposes of the examination of the reliability and suitability of persons wishing to benefit from the provision of services to the said organizations:
a. The Head of the Company Security Office of the Royal Air Carrier NV;
b. The Director of SAGEM Identification e.g.
2 The first paragraph shall apply mutatis mutandis with a view to making decisions for the purpose of examining the reliability and suitability of persons involved in the legal persons referred to in the first paragraph. carry out, for such a long period, their position as those employed in the service of employment, as well as for the purpose of making decisions on the dismissal of personnel.
1 No benefits in kind shall be provided in the Articles 23 to 27 to the extent that the person, body, service or organisation requesting the data has submitted a signed declaration from the person concerned showing that he is giving consent for the provision and is aware of the manner in which he is to be given the right to grant the information. the judicial data is being carried out.
2 The person, body, service, college or organisation that has received judicial data in accordance with this paragraph shall do so from this data and the consequences that the person, body, service or organization intends to attach to that in writing to the person concerned, and in the event of any doubt, he/she shall give his views on the opportunity to suggest his views.
1 Judicial data shall be supplied on request to:
a. the Chairman of the commissions charged with the selection of persons who wish to qualify for a function at the judicial power or as a judicial officer at the Public Prosecutor ' s Office, for the purpose of research into the the reliability and suitability of such persons;
(b) the persons responsible for the preparation of a recommendation for the performance of the post of National Ombudsman or of the Ombudsman for the purpose of making such a recommendation;
(c) the chairmen of the supervisory boards for the purpose of examining the reliability and suitability of persons wishing to be appointed for appointment to notary;
d. de korpschef for the purpose of his advisory role in the context of the appointment and the reappointment of the members of the supervised arrest committees, Article 24, first paragraph, of the Administrative Police Decision .
2 Article 28 shall apply mutatis mutandis.
1 Judicial data shall be supplied on request to:
(a) the Secretary-General of the Ministry of Security and Justice for the nomination of a Minister or State Secretary;
b. Our Minister of the Interior and Kingdom Relations for the nomination of the Commissioner of the Queen and the State Representative for the Public Bodies Bonaire, Sint Eustatius and Saba;
c. The Commissioner of the Queen for the purpose of advising:
1º on the appointment of mayors;
2º. on the grant of a royal award to a mayor under the Rules of Procedure of the Dutch Lion and Order of Orange-Nassau;
3. on the provision of the Royal Preacher, the granting of the right to conduct the Royal Monkeys With The Addition "At Royal Decree-supplier" and the grant of the Royal Decree;
d. The Mayor for the purpose of serving advice:
1. on the granting of a royal award on the basis of the Rules of Procedure of the Order of the Netherlands Lion and the Order of Orange-Nassau ;
2. on the provision of the Royal Preacher, the granting of the right to conduct the Royal Monkeys With The Addition "At Royal Decree-supplier" and the grant of the Royal Decree;
e. the State Representative for the Public Bodies Bonaire, Sint Eustatius and Saba for the purpose of serving advice on the appointment of authoritative authorities;
f. Our Minister of Defence for the grant of decorations to be granted by royal decree.
2 For the purpose of the advisory capacity referred to in paragraph 1 (c) (2) and (d), judicial data relating to offences against the mores may be referred to in the Article 4 of the Act shall be provided.
3 In the cases referred to in the first paragraph, point (b) (c) (1), and (e), Article 28 applicable mutatis mutandis.
1 Judicial or criminal data may only be provided for the purposes of policy information, scientific research and statistics after written consent has been given to the examiner concerned by Our Minister of State. Security and the Court of Justice shall be the College of Profters General.
2 The authorisation referred to in paragraph 1 shall be granted only if:
a. The policy information or research serves the public interest;
(b) The organisation providing the data shall not be unduly taxed;
c. the policy information without the relevant data is incomplete or the investigation cannot be carried out without the data in question; and
(d) the privacy of the persons concerned shall not be disproportionately damaged.
3 Conditions may be attached to the consent referred to in paragraph 1.
4 The authorisation referred to in paragraph 1 shall be notified to the relevant person responsible and shall be authorized to provide the information described.
5 Approach of persons to whom judicial or punitive data are processed by the examiner shall not take place, unless this is expressly permitted in the case of consent under the first paragraph. This authorisation may be granted only if direct approach to the objective of the investigation is unavoidable.
1 Judicial and punitive data may be supplied to the competent authority in another country by the intervention of the prosecutor on request, subject to the condition that they can be processed only for the purpose for which it is to be they have been provided.
2 To the extent possible, the providing authority in the Netherlands shall check the quality of the judicial and criminal data before the data is provided and information provided to the information provided shall be added to the information provided. receiver can assess the degree of correctness, completeness, actuality and reliability.
3 If it appears that inaccurate data has been provided, the providing authority shall without delay inform the persons or bodies of the country to which the data was provided, with the request to correct, delete or issue the data immediately. to screens.
1 If, without prior request, judicial or criminal information is received from another country or from an international body, the receiving authority in the Netherlands shall immediately assess whether such information is available. necessary for the purpose for which they were provided.
2 Where specific restrictions on the processing of legal or criminal data apply under the law of the other Member State, the receiving authority in the Netherlands shall ensure that those restrictions are complied with, if that restrictions have been reported by the providing authority.
3 If legal or punitive data are received from another country or from an international organisation, the transmitting authority shall be informed of the processing of the data provided and the information received as a result, on request. result.
1 Judicial data of natural persons, relating to an irrevocable conviction for a crime of a sentence, whether or not taken together with a measure, and for offences involving a custodial sentence of that law, without a replacement, or a duty penalty, shall be issued without delay to the central authority of the Member State of nationality of the convict.
2 If it appears that incorrect information has been supplied under the first paragraph, the central authority shall, without delay, request the central authority which has received the information to immediately correct, delete or display the data.
The Central Authority shall, upon request, send a copy of the convictions, subsequent measures and any other relevant information to the central authority which has received information on the basis of the first paragraph.
1 Judicial data shall be transmitted on request to the central authority of another Member State for the purposes of criminal proceedings.
2 Judicial data relating to a criminal offence referred to in the Articles 240b , 242 to 250 and 273f of the Code of Criminal Law , if requested, shall be sent to the central authority of another Member State for a procedure relating to the hiring of personnel for activities in which the person concerned comes directly and regularly in contact with the person concerned. children.
3 Judicial data may be supplied to the central authority of another Member State on request for any other purpose.
4 The central authority shall examine the completeness of the information given in a request referred to in the first, second and third paragraphs. If the information provided in the request is complete, the judicial data shall be provided without delay but in any case within 10 working days of the date on which the request was received. If further information is required for the purpose of determining the identity of the person to whom the request relates, the central authority which has made the request shall be consulted without delay in order to obtain a request for a decision to be taken within 10 working days of the day of the day. to which the additional information has been obtained, to be able to send an answer.
5 The reply to the request referred to in paragraphs 2 and 3 shall be carried out by automated means.
6 To a maximum of one year after the provision of the first, second or third paragraph, the central authority shall without delay inform the central authority which has received the information of any modification or deletion of the information provided.
1 Judicial and criminal data shall be provided under the condition that they can be processed only for the purpose for which they are provided and, if there is reason for the setting of limits for further processing, within that borders.
2 Judicial data may also be further processed for the purposes referred to in point (c) of the third paragraph.
3 Without prejudice to specific rules contained in a directive or a regulation pursuant to Chapter 4 or Chapter 5 of Title V of the Treaty on the Functioning of the European Union, punitive data may also be processed for the purposes of the following targets:
a. the prevention, detection or prosecution of other criminal offences or the implementation of penalties other than those for which the information had been provided;
b. other judicial and administrative procedures directly related to the prevention, detection and prosecution of criminal offences and the enforcement of criminal penalties;
c. the prevention of an immediate and serious threat to public safety, or,
d. any other purpose, with the consent of the person responsible or of the person concerned.
4 The information referred to in paragraphs 1 and 2 shall be provided on condition that the information is deleted by the receiving authority as soon as the purpose is fulfilled for the purpose of the data.
5 If this arises from the law, time limits may be provided upon completion of which the information supplied must be erased by the receiving authority, except where further processing is necessary for an ongoing period of time. investigations, the prosecution of criminal offences or the implementation of punishments.
The information received from a central authority of another Member State relating to the irrevocable conviction for a criminal offence of a Dutch national and subsequent to that conviction shall be given measures in respect of that national shall be stored in the judicial documentation.
1 Judicial and punitive data received from another Member State may be processed only for the purpose for which they were issued and within the limits set by the supplying Member State. Further processing is also possible for the purposes mentioned in Article 36, third paragraph .
2 The information received pursuant to paragraph 1 shall be destroyed as soon as the objective referred to in paragraph 1 is fulfilled or, if the supplying Member State has set time limits on the basis of national law for the completion of the aid granted data must be destroyed, after the expiry of the time limit set. The central authority in the Netherlands will then ensure that the data are actually destroyed.
3 The second paragraph shall not apply to the information received in connection with a request for the acquisition of the Nederlandership on the basis of the information provided for in Article 3 (2) of the EC Treaty. Dutch law on the Dutch landscape , in so far as the Dutchship is granted to the person concerned. Article 37 shall apply mutatis mutandis to such data.
4 Article 33, third paragraph , shall apply mutatis mutandis.
1 Judicial and punitive data received from another Member State may be transmitted to authorities in a third country or to an international body responsible for the prevention, detection or prosecution of criminal offences; the execution of such tasks and the Member State of origin of which the data are derived, has agreed to the transfer.
2 By way of derogation from the first member, judicial and criminal data may be transmitted by the central authority in the Netherlands through the district attorney without prior consent if this is essential. in order to avoid an immediate and serious threat to the public safety of a Member State or a third country or to the essential interests of a Member State, and authorisation may not be obtained in a timely way. The authority responsible for granting the consent shall be informed without delay.
1 Judicial and punitive data received from another Member State may be transmitted to a private body where:
(a) the competent authority of the Member State from which the data came has consented to that transfer;
b. No legitimate interests of the data subject are opposed to retransmission; and
c. in special cases, the transmission is essential to the person or body transmitting the data to the relevant authority for the purpose of:
1. the performance of its statutory functions;
2 °. the prevention, investigation, detection or prosecution of criminal offences and the enforcement of penalties;
3 °. preventing an immediate and serious threat to public safety; or
4. to prevent a serious violation of the rights of persons.
2 The transfer of the data referred to in paragraph 1 shall indicate the purpose of which the data may be processed only further.
1. judicial and judicial data shall be provided to Eurojust for the purpose of carrying out the objectives and tasks of that organisation in so far as it is derived from a directive or a regulation pursuant to Chapter 4 or Chapter 5 of this Regulation; Title V of the Treaty on the Functioning of the European Union. The information shall be provided through the intervention of the national member of Eurojust.
2 The provision of judicial and punitive data to Eurojust may be refused where essential national security interests are adversely affected or the safety of a person is endangered.
3 Judicial and criminal data shall be provided to the national member of Eurojust, in so far as it is required for the purpose and tasks referred to in the first paragraph. The second paragraph shall apply mutatis mutandis.
1 Judicial and criminal information shall be provided to Europol for the purpose of carrying out the objectives and tasks of that service, in so far as it results from a directive or a regulation pursuant to Chapter 4 or Chapter 5 of Title II of this Regulation. V of the Treaty on the Functioning of the European Union. The police data shall be provided through a national unit as referred to in Article 25, first paragraph, point (b) of the Polition Act 2012 .
2 The provision of data to Europol may be refused if:
a. significant national security interests are adversely affected,
(b) the success of the ongoing investigations or the safety of persons is endangered; or
c. information shall be disclosed relating to specific intelligence services or activities in the field of State security.
3 Judicial and criminal data shall be provided to the national liaison officers of Europol, in so far as they are required to deal with the objectives and tasks referred to in the first paragraph. The second paragraph shall apply mutatis mutandis.
1 The persons, bodies or colleges referred to in Article 8, first and second members of the Act and in Chapter 3 To whom judicial data are supplied, they may authorise the staff of their staff to submit a request for judicial data. In that case, the authorisation shall be given in the request for information.
2 In cases where, on the basis of this decision, the mayor has jurisdiction to request judicial data, he may authorise the police chief whose regional unit implements the police task in the area in which the municipality is located. a request for the relevant data.
Our Minister may, in his investigation concerning the issue of the certificate of conduct, take note of the judicial data relating to crimes against the mores, intended to be taken into account. Article 4 of the Act .
1 Our Minister, in his research, as intended Article 36 of the Act in the context of the assessment of the requirement of reliability, specified in: Article 18, first paragraph, of the Decision on the carriage of goods by road and Article 22, first paragraph , 23, first paragraph , and 30, fourth member , 76.1 of the Transport Decision 2000 only knowledge of the data specified in the Articles 10 , 11 and 12 of the Act .
2 The first paragraph shall not apply to the assessment of the issue of the declaration of behaviour in the context of the assessment of the carrier's requirement of reliability or driver of one or more taxis.
The reports constituting the personal file are derived from:
a. A probation institution as specified in Article 4 of the 1995 Reclassical Regulation ;
b. The child protection council;
c. a certified institution as specified in Article 1.1 of the Youth Act In the case of the implementation of probation;
d. a penitentiary device as intended by Article 1 (b) of the Penitentiary Principles of Principles ;
e. a device as specified in Article 1 (b) of the Principles Act, nursing at the disposal of the ;
f. a device as intended Article 1 (b) of the PrincipLaw of Judicial Youth ;
g. Our Minister.
Copies of reports from a person file shall be provided to:
a. The Director of a certified establishment as referred to in Article 1.1 of the Youth Act for assistance and support for young persons suspected of being or convicted of a criminal offence or for whom there is an offence under provisions in the Penal code and the Code of Criminal Procedure conditions have been laid down;
b. Our Minister for the preparation of any report in order to ensure proper application of criminal law.
1 For a communication as referred to in Article 18 , 19 , 43 or 44 of the Act is a fee of € 4.54 due.
2 Our Minister shall take an application for the issue of a certificate of conduct first of all treatment after receiving the reimbursement of the costs of that treatment laid down by a ministerial arrangement.
3 For the provision of judicial data, as intended Article 30a , a fee determined by ministerial arrangement shall be payable.
The following decisions, arrangements and decisions shall be repealed:
a. the Judicial data registration decision ;
h. the Decision of the Minister of Justice of 16 April 1951, Stcrt. 76 .
i. the Decision of the Minister of Justice of 10 November 1958, Stcrt. 221
j. the Decision of the Minister of Justice of 10 November 1958, Stcrt. 223 ;
l. de Order of the Minister of Home Affairs of 18 December 1972, Stcrt. 250 .
Data registered for the entry into force of the Act in accordance with a legal provision by the Judicial Documentation Service are identified as judicial data at the time of entry into force.
This Decision shall enter into force on the date on which the Judicial data law enters into force with the exception of Article 7, first paragraph, point (k) , which will enter into force at a time to be determined by royal decree.
This decision is cited as: Decision on judicial and punitive data.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 25 March 2004
Beatrix
The Minister of Justice,
J. P. H. Donner
Issued the thirty-first March 2004The Minister of Justice,
J. P. H. Donner
