1

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:

2

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.

3

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:

4

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:

5

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) [...].

6

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) [...];

7

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-[...].

8

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;

9

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-[...].

10

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-[...].

11

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. "

12

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