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1 PROPOSAL of law No. 272/X/4th explanatory statement Considering the extension of criminal liability of legal persons resulting from the revision of the Penal Code by Act No. 59/2007, of 4 September, we must adapt the regulatory regime of the criminal record so that this can mirror the criminal situation of legal persons and similar. The provision introduced by article 8 of law No. 59/2007, of September 4 was intended to operate on a temporary basis, while it wasn't reviewed the legal framework of the criminal identification. Thus, this draft law aims to adapt the regime of criminal record to the new rules of criminal responsibility of legal persons and similar. Proceeds to update some references to public entities and the legislative acts. Were heard the Superior Council of the judiciary, the Attorney-General's Office and the Bar Association. Must be triggered the query to the Superior Council of the Public Ministry. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 2 article 1 amendment to law No. 57/98, of 18 August the articles 1, 3, 4, 5, 7, 11 to 17, 19, 21, 23, 25 and 26 of law No. 57/98, of 18 August as amended by Decree-Law No. 323/2001, of 17 December, shall be replaced by the following: ' article 1 [...] 1-criminal identification concerns the collection, treatment and conservation of extracts from decisions and statements of facts as referred to in article 5 from the Portuguese courts and foreign courts, in this case with the Portuguese, the foreign residents in Portugal and the legal persons or similar entities that have in Portugal to its headquarters, effective management or permanent representation judged in such courts, in order to allow the knowledge of their criminal records. 2-are also collected, as a means of identification, fingerprints of individuals convicted in the courts, which are archived in the order of their formula, for organizing the dactiloscópico file. Article 3 [...] 1-the director-general of the administration of Justice is responsible for criminal identification databases, in accordance with and for the purposes defined in law No. 67/98 of 26 October.
3 2-it is the responsibility of the director-general of the administration of Justice to ensure the right to information and access to the data by their holders, the correction of inaccuracies, the completion of omissions, deletion of improperly recorded data, as well as ensure the legality of the query or the communication of information. Article 4 [...] 1-[...]. 2-the criminal record is made up of the elements of identification of the accused, by extracts of criminal decisions and communications of facts in this respect, subject to registration under this law. 3-extracts of the decisions and communications of the facts referred to in the preceding paragraph contain the indication: a) [...]; (b) identification of the accused); c) […]; d) […]; e) […]. 4 - […]. 5 - […]. Article 5 [...] 1-are subject to criminal record the following decisions: 4 the) decisions applying penalties and security measures, determining your review, replacement, suspension, extension of the suspension, revocation and to declare its extinction; b) […]; c) […]; d) decisions that determine the rehabilitation of legal person or entity equivalent; e) [Former subparagraph (d))]; f) [previous article)]; g) [previous subparagraph (f))]; h) [previous subparagraph (g))]; I) [previous paragraph (h))]; j) [previous subparagraph (i))]. 2-Are still subject to criminal record the following facts: a) [...]; b) […]; c) the termination of the legal person or entity equivalent condemned, including their merger or Division. 3 - […]. Article 7 [...] Can still access the information about criminal identification: 5 a) [...]; b) […]; c) […]; d) […]; e) […]; f) officials not covered by above for the pursuit of public charge purposes, when the certificates cannot be obtained of their holders, and with the permission of the Minister of Justice, and, in the case of information concerning the legal person or equated, public authorities responsible for the supervision of economic activity through that developed, in so far as is strictly necessary for the exercise of such supervision and with the permission of the Minister of Justice; g) […]; h) officials of Member States of the European Union, under the same conditions of the corresponding national entities, with the permission of the Minister of Justice, for the purposes set out in article 5 of Council Directive 64/221 No./EEC of 25 February 1964, as well as other State entities, under the terms established in Convention or international agreement, it ensured that is reciprocal treatment to national entities; i) […].
6 article 11 Certificates required for employment purposes or for the exercise of activity 1-the certificates required by individuals who are individuals for employment purposes, public or private, or for engaging in any occupation or activity whose exercise depends on a public title or an authorization or approval of public authority must contain only:) [...]; b) […]. 2 - […]. 3-the certificates required by legal person or equated to the exercise of certain activities contain the full transcript of the record, unless the law allow narrower transcription of the content. Article 12 [...] 1-the certificates required by private persons, whether natural or legal persons or similar, for purposes not provided for in the previous article, contain the full transcript of the record, unless the law allow narrower transcription of its content. 2-the certificates referred to in the preceding paragraph cannot contain information on:) [...]; b) […]; c) […]; d) […];
7 e) in the case of a natural person, the convictions of primary offenders in shame not more than six months in prison or in equivalent penalty saved while in force ban decreed by the judicial authority. 3-the director-general of the administration of Justice can limit the contents or refuse to issue certificates required for purposes not provided for in the law, if the applicant does not justify the need for access to information about 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 content of the record about you is through consultation with the individual record, being an application addressed to the director-general of the administration of Justice. Article 14 [...] 1-direct access to the central computerised file is defined by the relationship between the applicant party, criminal identification services and the Office of information technology in the Justice, under the conditions laid down in the regulatory degree. 2 - […]. 3 - […]. 4 - […]. 5 - […].
8 article 15 [...] 1-are cancelled automatically and irrevocably, the criminal record: the) decisions which have applied prison sentence or security measure, after five, seven or 10 years about the extinction of the punishment or safety measure, if its duration has been less than five years, between five and eight years, eight years or more , respectively, and since, however, there has been new conviction for crime; b) decisions which have applied main fine penalty the individual, after five years on the extinction and since, however, there has been new conviction for crime; c) decisions which have applied fine penalty the body corporate or entity equivalent, after five, seven or 10 years about the extinction of the punishment, according to the fine has been fixed in less than 600 days, between 600 and 900 days or in more than 900 days, respectively, and since, however, there has been new conviction for crime; d) decisions that have applied the penalty of dissolution the legal person or entity equivalent, after 10 years on the transit; and decisions which have applied) pity the main penalty after substitute five years about the extinction of the punishment and since, however, there has been new conviction for crime; f) penalty waiver decisions or applying penalty of admonition, after five years on the traffic in or about the execution, respectively;
9 g) decisions which have applied accessory penalty, after the expiry of the deadline for this set in the enforceable judgment or, in the case of accessory penalty without time limit, after the decision of rehabilitation; h) [Former subparagraph (d))]. 2-the definitive cancellation referred to in (a)) f) of the preceding paragraph do not enjoy the condemned as outright losses that will result from the conviction, shall be without prejudice to rights arising from this for the offended or to third parties or sana, by itself, the nullity of acts done by the condemned during the failure. 3 - […]. 4-Are also void the decisions and the facts concerning the person, after his death, and the respect of legal person or entity equivalent, after their extinction, except when this is the result of a merger or scission, in which case the decisions and the facts begin to integrate the criminal records of legal persons or similar companies that have resulted from scission or mergers if it has pursued. Article 16 [...] 1-Being concerned any of the intended purposes the certificate required under articles 11 and 12, without prejudice to the provisions of paragraphs 2 and 3 of article 11, may the Court of execution of feathers determine, after two years on the extinction of the principal penalty or security measure, the total or partial cancellation decisions which should be. 2 - […]. 3 - […].
10 article 17 [...] 1-the courts to convict an individual in prison sentence up to one year or deprivation of liberty not sentence can determine in the sentence or in a later dispatch, whenever the circumstances that accompanied the crime cannot induce risk of practice of new crimes, no transcript of their sentence on the certificates referred to in articles 11 and 12 2-[...]. 3 - […]. Article 19 [...] 1-[...]. 2-Can I still access the record of a repeat:) [...]; b) […]; c) third parties try to carry out the request in order to prevent interests linked to the conclusion of legal business with dedicated or to instruct the cancellation process, being, in this case, the information restricted to the order declaring the default judgment. 3 - […]. Article 21 [...] 1-violation of rules on criminal identification computer files or repeat is punished in accordance with the provisions of section III of Chapter VI of law No. 67/98 of 26 October. 2 - […].
11 Article 23 [...] 1-sale of official exclusive model forms of criminal identification services without authorization constitutes a misdemeanour order existed, punishable by a fine of € 500 to € 3750e with the seizure of printed matter and of the proceeds from the sale. 2-the Organization of the process and the decision on the application of the fine compete to the director-general of the administration of Justice. 3-the product of the fines is prescription financial management Institute and justice infrastructure. Article 25 [...] 1-it is the director-general of the administration of Justice decide on complaints concerning access to information concerning criminal identification and their content and appeal of its decision. 2 - […]. Article 26 [...] The drafting of legislation in which the absence of a criminal record for the exercise of a particular profession or activity by an individual is necessarily preceded by an opinion of the Directorate-General of Social Reinsertion.»
12 article 2 entry into force this law shall enter into force three months after the date of its publication.
Seen and approved by the Council of Ministers of April 30 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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