Key Benefits:
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PROPOSED LAW NO. 272 /X/4.
Exhibition of Motives
Considering the enlargement of people's criminal responsibility situations
collective, resulting from the revision of the Criminal Code operated by Law No. 59/2007, 4 of
September, it imposes itself on adapting the regulatory regime of the criminal record by means of this
can properly mirror the criminal situation of legal persons and equiparors.
The provision introduced in Article 8 of Law No. 59/2007 of September 4 was aimed at-
if the invigorate invigorate, while not revised the legal regime of the
criminal identification.
Thus, the present proposed law is for the purpose of adapting the regime of the registration
criminal case to the new rules of criminal accountability of legal persons and
equiparades.
It is also carried out to update some references to public entities and acts
legislative.
The Superior Council of the Magistrature, the Attorney General's Office, was heard
Republic and the Order of Lawyers.
Consultation with the Higher Council of the Public Prosecutor's Office should be triggered.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
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Article 1.
Amendment to Law No. 57/98 of August 18
Articles 1, 3, 5, 7, 11, 21, 23 to 17, 25, 25, 25, 25 and 26 of Law No. 57/98, of
August 18, amended by Decree-Law No. 323/2001 of December 17 pass the
have the following wording:
" Article 1.
[...]
1-A criminal identification is the subject of collection, treatment and
conservation of extracts of decisions and communications of facts
referred to in Article 5 coming from Portuguese courts and also from
foreign courts, in this case relatively the Portuguese, the
foreigners residing in Portugal and legal persons or entities
equistops that have in Portugal their registered office, actual administration or
permanent representation, adjudicated in these courts, with the end of
allow the knowledge of your criminal background.
2-They are also the subject of collection, as a complementary means of
identification, the fingerprints of the natural persons convicted in the
Portuguese courts, which are archived by the order of the respective
formula, for organization of the dactiloscopic file.
Article 3.
[...]
1-The Director-General of the Administration of Justice shall be the responsible for the bases
of criminal identification data, in the terms and for the defined effects
in Law No. 67/98 of October 26.
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2-It is up to the Director-General of the Administration of Justice to ensure the right to
information and access to data by the respective holders, the correction
of inaccuracies, the completeness of omissions, the deletion of data
unduly registered, as well as to ensure the legality of the consultation or
of the communication of the information.
Article 4.
[...]
1-[...].
2-The criminal record is made up of the identification elements of the
argued, by extracts of criminal rulings and by communications of facts to
this relating, subject to registration pursuant to this Law.
3-The extracts of the decisions and the communications of facts to which the
previous number contain the indication:
a) [...];
b) Of the identification of the accused;
c) [...];
d) [...];
e) [...].
4-[...].
5-[...].
Article 5.
[...]
1-Are subject to criminal record the following decisions:
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a) The decisions that apply feathers and security measures, those which
determine your review, replacement, suspension, prolongation of the
suspension, revocation and those declaring their extinction;
b) [...];
c) [...];
d) The decisions determining the rehabilitation of a legal person or
equated entity;
e) [ Previous point (d) ];
f) [ Previous point (e) ];
g) [ Previous point f) ];
h) [ Previous point (g) ];
i) [ Previous point (h) ];
j) [ Previous point (i) ].
2-They are still subject to criminal record the following facts:
a) [...];
b) [...];
c) The extinction of the legal person or ordered entity convicted,
including their merger or spin-off.
3-[...].
Article 7.
[...]
They can still access the information on criminal identification:
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a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) Official entities not covered by the previous points for
pursuit of public purposes to his post, when the certificates do not
can be obtained from the holders themselves, and upon permission of the
Minister of Justice, and, dealing with information relating to person
collective or equated, public entities entrusted with the supervision
of the economic activity by that developed, to the extent of the
strictly necessary for the exercise of such supervision and upon
authorization of the Minister of Justice;
g) [...];
h) The official entities of Member States of the European Union, in the
same conditions of the corresponding national entities, upon
authorization of the Minister of Justice, for the purposes set out in Article 5.
of the Council Directive No 64 /221/CEE of February 25
1964, as well as the entities of another State, in the terms
established in Convention or international agreement, ensured that
is reciprocal treatment of national entities;
i) [...].
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Article 11.
Certificates required for the purpose of employment or exercise of business
1-Certificates required by private individuals who are natural persons
for the purposes of employment, public or private, or for the exercise of any
profession or activity whose exercise depends on a public title or
a permit or approval of the public authority shall contain
only:
a) [...];
b) [...].
2-[...].
3-Certificates required by legal person or equiped for the
exercise of certain activity contain the full transcript of the record
criminal, except if the law allows for more restricted transcription of the contents.
Article 12.
[...]
1-Certificates required by private individuals, whether they are natural persons
or legal persons or equistops, for purposes not provided for in the article
previous, contain the full transcript of the criminal record, except if the law
allow for more restricted transcription of your content.
2-Certificates referred to in the preceding paragraph may not contain
relative information:
a) [...];
b) [...];
c) [...];
d) [...];
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e) By treating from a natural person, the convictions of primary offenders in
penalty not exceeding six months in prison or in equivalent penalty, save
while invigorating interdiction decreed by the judicial authority.
3-The Director-General of the Administration of Justice may limit the content or
refuse the issuance of certificates required for purposes not provided for in the law,
if the applicant does not justify the need for access to information on
criminal identification.
Article 13.
[...]
1-[...].
2-In the absence of computer application, the right of access by the holder to the
knowledge of the full contents of the register in their respect concretizes
through the consultation of the individual registration, the respective application being
directed to the Director-General of the Administration of Justice.
Article 14.
[...]
1-Direct access to the computerized central file is defined by
articulation between the applicant entity, the identification services
criminal and the Institute of Information Technologies in Justice, nos
terms provided for in the regulatory diploma.
2-[...].
3-[...].
4-[...].
5-[...].
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Article 15.
[...]
1-Are cancelled automatically, and in an irrevocable manner, on the record
criminal:
a) The decisions that have applied for imprisonment or measure of
safety, decorations five, seven or 10 years on the extinction of the penalty
or safety measure, if its duration has been less than five
years, between five and eight years, or more than eight years, respectively,
and provided that, in the meantime, no new conviction has occurred by
crime;
b) The decisions that have applied penalty of a main fine to person
singular, decorated five years on the extinction of the penalty and provided that,
in the meantime, no new conviction for crime has occurred;
c) The decisions that have applied penalty of a fine to the legal person or
equated entity, decorated five, seven or 10 years over extinction
of the penalty, depending on whether the fine has been fixed in less than 600 days,
between 600 and 900 days or in more than 900 days, respectively, and since
that, in the meantime, no new felony conviction has occurred;
d) The decisions that have applied penalty of dissolution of the legal person
or equiped entity, decorated 10 years on the transit in
judged;
e) The decisions that have applied substitutive penalty of the main penalty,
decorations five years on the extinction of the penalty and provided that, in the meantime,
no new felony conviction has occurred;
f) The decisions of feather dispensation or that apply the penalty of
admoestation, decorated five years on the transit on trial or
on the implementation, respectively;
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g) The decisions that have applied incidental punishment, after the course of the
deadline for this fixed in the respective sentencing sentence or,
dealing with no-term incidental punishment, after the rehabilitation decision;
h) [ Previous point (d) ].
2-The definitive cancellation provided for in points a) a f) of the previous number
do not take advantage of the convict as to the outright losses that
result from conviction, is without prejudice to the rights that of this advies
for the offending or for third parties, nor sana, on its own, the nullity of the
acts practiced by the convict during the incapacity.
3-[...].
4-Are also cancelled the decisions and facts concerning the person
singular, after its demise, and those relating to the legal person or
equated entity, after its extinction, except when this one has
result of merger or spinoff, in which case decisions and facts pass the
integrate the criminal record of legal persons or equistops that
have resulted from the spin-off or in which the merger has taken place.
Article 16.
[...]
1-Being in question any of the purposes for which the certificate is intended
required pursuant to Articles 11 and 12, without prejudice to the provisions of the
n. paragraphs 2 and 3 of Article 11, may the court of execution of the penalties
determine, decorated two years on the extinction of the main penalty or the
security measure, the cancellation, total or partial, of the decisions that
of him should the record.
2-[...].
3-[...].
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Article 17.
[...]
1-Courts that convicts natural person in penalty of imprisonment up to one year
or in penalty non-deprivation of liberty may determine in the sentence or
in subsequent dispatch, where of the circumstances that accompanied
crime not if it can induce danger of practice of new crimes, not
transcript of the respective sentence in the certificates to which they refer to the
articles 11 and 12.
2-[...].
3-[...].
Article 19.
[...]
1-[...].
2-Can still access the registration of contumazes:
a) [...];
b) [...];
c) The third parties who are likely to carry out the application for the purpose of
acaucate interests connected to the celebration of legal business with
contumacious or to instruct proceedings of its cancellation, being, in this case,
the information restricted to the dispatch that declarates the contumacy.
3-[...].
Article 21.
[...]
1-A violation of standards relating to computerized identification files
criminal or contesting is punished under the provisions of section III
of Chapter VI of Law No 67/98 of October 26.
2-[...].
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Article 23.
[...]
1-A sale of exclusive official model printouts of the services of
criminal identification without having existed dispatch of authorization
constitutes counter-ordinance, punishable with fine of € 500 a € 3750e with a
apprehension of the printouts and the proceeds of the improper sale.
2-A The organisation of the process and the decision on the application of the fine
compete for the Director-General of the Administration of Justice.
3-The product of the fines constitutes revenue from the Institute of Financial Management
and of Justice Infrastructures.
Article 25.
[...]
1-Compete to the Director General of the Administration of Justice to decide on the
complaints relating to access to information in respect of
criminal identification and its contents, and the appeal of your decision.
2-[...].
Article 26.
[...]
The drafting of legal diplomas in which the absence of a background is provided for
felony for the exercise of a particular profession or activity per person
singular is preceded, necessarily, of the opinion of the Directorate General of
Social reinsertion. "
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Article 2.
Entry into force
This Law shall come into force three months after the date of its publication.
Seen and approved in Council of Ministers of April 30, 2009
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs