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Proposal for Law No 274 /XII

Exhibition of Motives

1. Through this Law proceeds to the review of the legal regime of criminal identification

contained in Law No. 57/98 of August 18, amended by Decree-Law No. 323/2001, of

December 17, and by the Laws n. ºs 113/2009, of September 17, 114/2009, of 22 of

september, and 115/2009, of October 12, transposing to the internal legal order a

Council Decision-Table No 2009 /315/JAI of February 26, 2009 on the

organization and the content of the exchange of information extracted from the criminal record

among the Member States.

As major axes of the review that operates, they are noted:

a) The best systematization and characterization of the lines of acting and organization of the

criminal identification and criminal identification services;

b) The complete transposition into the internal legal order of the Framework Decision

n 2009 /315/JAI of the Council of February 26, 2009 on the organisation

and to the contents of the exchange of information extracted from the criminal record between

the Member States, with the foresight of a special record for the effect of

ensure compliance with the obligations of guard and relay of information

whereas that Framework Decision imposes;

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c) The suitability of the regulatory standards of the issuance of certificates for purposes

particular to the current requirements regarding accessible information content and

of exchange of information between public entities, by viabilizing the adoption of

simpler procedures and the delivery of more effective technical solutions.

2. Among the solutions now enshrined stands out, the addition, in Article 8 of the present

law, to the cast of situations that legitimize access to information by

Magistrates, of the incidents of exoneration of the remaining liability, in the framework of proceedings

of insolvency of natural persons.

It is also established access to information by the central authorities of the

Member States of the European Union, for the purposes of the exchange of information provided for in the

Council Decision No 2009 /315/JAI of the Council of February 26, 2009.

Finally, the possibility of access to information by public entities is expected to be

responsible for the instruction of administrative procedures for which it is

legally required the submission of a criminal record certificate, provided that such

access be authorized by the holder itself, consecrating to these entities a

intermediate level of legitimacy in access to information: access by the entity

public on behalf of its own, but requiring prior authorization from the holder.

3. With respect to the issuance of certificates for professional purposes, regulated in Article 10.

of this Law, a scheme establishes itself that only provides for two possibilities of

issuance of certificates: issue for occupations or activities without any requirement

legal in this matter, the content of which is restricted to decisions of interdiction or prohibition of

exercise of activities; issue for occupations or activities with legal requirements of

absence of criminal background or preview assessment of suitability, the content of which

will be integral.

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In this way, it adjusts the legal regime to the current legislative trend towards the

situations in which it is legally required absence of criminal background no

to consecrate taxactively a ban on access to professions or activities by

mere automatic effect of the existence of conviction for certain type of crime, before

imposing the case-by-case weighting of the criminal antecedents that exist,

eventually characterized in the law as indicators of the lack of idoneity for the

access to the profession or activity concerned.

Simultaneously it simplifies the issuance of these certificates, by viabilizing the respect

automation when it is in question the issuance of certificates of registration holders.

At the moment, there are more than 150 situations of legal norms imposing demands

regarding the absence of criminal background in the access to professions or activities, the

which requires that each issue relating to a record holder be preceded by analysis

technical of these requirements and the contents of the register of the data subject, with all the

doubts of interpretation and application inherent in such analysis.

4. The datiloscopic file of convicted defendants is already provided for in the Decree-Law

n. 381/98 of November 27, as amended by the Decrees-Laws 20/2007, of 23 of

January, and 288/2009, of October 8, which regulates and develops the legal regime of the

criminal identification.

The existence of this file is justified by the fact that it is established, in Article 5 of the

said Decree-Law No. 381/98 of November 27, as amended by the Decrees-Laws n.

20/2007, of January 23, and 288/2009, of October 8, that the fingerprints of the

defendants must be collected soon after the closing of the hearing, constituting a

of the elements of identification of the accused.

Through Articles 19 to 24, therefore, it is aimed at perfecting that regulation.

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5. Chapter V, relating to the exchange of information on convictions rendered by

Courts of the Member States of the European Union, integrates the majority of the provisions

necessary for the transposition of the Council Framework Decision-Framework No. 2009 /315/JAI of 26 of

February 2009, regulating the handling of the information received from authorities

central foreign, enforcing the obligation to communicate the convictions of

national citizens of Member States to the States of nationality, conducting the

issuance of certificates requested by the foreign central authorities in the various

possible modalities, and by predicting the situations in which information should be sought from the

foreign central authorities.

The option of forecasting a record of one's own, intermediate with respect to the eventual

incorporation into the Portuguese criminal record of the received information, is aimed at

ensure full compliance with the obligation to guard and conservation of all

decisions conveyed by foreign authorities, for the purposes of viabilizing the respect

retransmission to other Member States, without any injury to the use of that

information in the context of the Portuguese criminal record, in accordance with the rules that

are applicable.

In fact, those obligations of guard, conservation, and relay of information

received do not depend on the requirements required by Portuguese law for enrolment of

decisions in the criminal record, that is, those obligations exist yet the decisions

received if they refer to the conviction for unqualified facts as a crime in Portugal,

doomed persons are less than 16 years of age or the respective term of

conservation on record exceeds the current legal deadlines in Portugal.

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The Superior Council of the Public Prosecutor's Office, the House of Solicitors, were heard.

Superior Council of the Magistrature, the Syndicate of the Magistrates of the Public Prosecutor's Office, the

Order of Lawyers and the Superior Council of Administrative and Fiscal Tribunals.

The hearing of the Association of Justice Officers, of the Trade Union Association, was promoted.

Portuguese Judges, from the Council of Justice Officers, from the Officers ' Union of

Justice, of the Union of Judicial Officials, of the Lisbon District Council of the Order

Counsel, of the District Council of the Port of the Bar of the Lawyers, of the Council

Coimbra District of the Order of Lawyers, of the District Council of Évora of the Order

Counsel, of the Faro District Council of the Order of Lawyers, of the Council

District of the Azores of the Order of Lawyers and the District Council of Madeira da

Order of Lawyers.

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 proposed law:

Criminal identification law

CHAPTER I

General provisions

Article 1.

Object

This Law establishes the legal regime for criminal identification and transposes it to the

internal legal order to Council Framework Decision No 2009 /315/JAI of the Council of 26 of

February 2009, relating to the organization and content of the exchange of information

extracted from the criminal record between Member States.

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Article 2.

Criminal identification

1-A criminal identification has by object the collection, treatment and conservation of

extracts from court decisions and the other elements to them concerning subject to

enrollment in the criminal record and in the register of contumazes, promoting identification

of the holders of that information, in order to allow knowledge of the background

criminal of the convicted persons and the decisions of contumacy victors.

2-Are also the object of collection, as a complementary means of identification, the

digital impressions of the convicted natural persons.

Article 3.

Criminal identification services

1-A organization and operation of the records referred to in paragraph 1 of the previous article are

of the competence of the criminal identification services.

2-It is also the competence of the criminal identification services the organisation and the

operation of the following records:

a) From the dactiloscopic file of convicted defendants;

b) From the special record of decisions communicated pursuant to the Framework Decision

2009 /315/JAI, of the Council, of February 26, 2009.

3-It is still the competence of the criminal identification services the organisation and the

operation of the register of educational tutelary measures, in the constant terms of the

Title VI of the Tutelar Educational Act, passed by Law No. 166/99 of September 14.

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Article 4.

Principles

1-A criminal identification must sue in the strict respect of the principle of

legality and, well thus, by the principles of authenticity, truthfulness, univocity and

security of the identifiable elements.

2-The principles referred to in the preceding paragraph apply, with due adaptations, to

all the records provided for in paragraph 2 of the preceding Article.

CHAPTER II

Criminal record

Article 5.

Organization and constitution

1-The criminal record is organized in computerized central file, consisting of

elements of identification of the defendants, communicated by the courts and by the rest

remetaller entities of the information or collected by the identification services

criminal, and for extracts from criminal decisions subject to enrollment in the criminal record

to those concerning.

2-A The identification of the accused covers:

a) Dealing with a natural person, name, sex, membership, naturalness, date of

birth, nationality, marital status, residence, civil identification number

or, in their absence, of the passport or other document of identification of the idoneo and,

when it comes to the sentencing decision, being present the accused in the

trial, your fingerprints and signature;

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b) Dealing with a class person or an equiped entity, denomination, headquarters and

number of identification of collective person and, when the one has resulted from the

merger or spin-off of another collective or equiped person, the corent data to

this reach.

3-Excerpts from the decisions to be entered in the criminal record contain the indication:

a) Of the court that delivered the decision and the number of the case;

b) From the date and form of the decision, and from the date of the respected transit on trial;

c) Of the content of the decision and the legal provisions applied;

d) Dealing with the sentencing decision, the designation, date and place of the practice of the

crime, the violated legal provisions and the main penalties, of substitution and

accessory or the security measures applied.

Article 6.

Decisions subject to enrollment

They are subject to registration in the criminal record the following decisions:

a) Who apply penalties and security measures, determine their re-examination,

replacement, suspension, extension of suspension, revocation and declare your

demise;

b) To grant, extend or revoke probation or to

freedom for proof;

c) Of a penalty dispensation;

d) Which determine the rehabilitation of a class person or entity being equiped;

e) That they determine or revoke the provisional cancellation on the record;

f) To apply pardons or amnesties, or to grant indulgings;

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g) Which determine the non-transcription in certificates of the criminal record of

convictions that have applied;

h) The judgments delivered in an extraordinary review appeal;

i) The judgments of review and confirmation of foreign sentencing decisions.

Article 7.

Elements inscribed

1-Are entered in the criminal record:

a) Excerpts from the criminal rulings handed down by Portuguese courts that

apply penalties and security measures and the other subsequent decisions;

b) Excerpts from the convictions handed down by courts of Member States of the

European Union relatively the Portuguese larger 16 years, as long as if

refer to facts provided for as a crime in Portuguese law and allow for

identification of the person to which they refer, as well as of the other decisions

subsequent, communicated to Portugal pursuant to the Framework Decision n.

2009 /315/JAI of the Council of February 26, 2009;

c) Excerpts from the convictions handed down by other foreign courts

relatively Portuguese and foreign residents in Portugal, greater than

16 years and to collective persons or equiped entities that have in Portugal

its headquarters, effective administration or permanent representation, which are

communicated to Portugal under the terms of convention or international agreement

beholdant, provided that they refer to facts provided for as a crime in Portuguese law and

allow the identification of the person to which they refer.

2-Only are enrolled in the criminal record extracts of decisions carried forward on trial.

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Article 8.

Access to information

1-Have access to the information of the criminal record the holder of the information or who proves it

effecate the application in the name or in the interest of that.

2-Can still access the information of the criminal record, exclusively for the purposes

forecasted for each of these, the following entities:

a) Judicial magistrates and the Public Prosecutor's Office for the purpose of research

criminal, prosecutions of criminal proceedings and execution of feathers, of decision

about adoption, guardianship, curatella, family reception, civil apadrination, delivery,

guard or confidence of children or regulation of the exercise of responsibilities

parental and decision of the incident of exoneration of the remaining liability of the debtor

in the process of insolvency of natural persons;

b) The entities which, pursuant to the criminal procedural law, receive delegation to the

practice of acts of inquiry or who it is entrusted to cooperate internationally in

prevention and repression of crime, within the framework of these competences;

c) The entities with legal competence for the instruction of the individual processes of the

recluses, for this purpose;

d) The services of social reinsertion, within the scope of the pursuit of its purposes;

e) The entities with legal competence to ensure internal security and prevent the

sabotage, terrorism, espionage and the practice of acts that, by their nature,

may alter or destroy the constitutionally established rule of law,

exclusively in the context of the pursuit of its purposes;

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f) The official entities not covered by the previous points, for the pursuit of

public purposes to his or her post when the certificates cannot be obtained from the

holders, upon permission of the Member of the Government responsible for the area of

justice and, by treating information concerning the collective or equiped person,

public entities tasked with the supervision of economic activity by that

developed, to the extent strictly necessary for the exercise of that

supervision and upon authorization of the member of the Government responsible for the area

of justice;

g) The Central Authorities of Member States of the European Union designated in the

Terms and for the purposes of Council Framework Decision-Framework No. 2009 /315/JAI of

February 26, 2009, in the context of the exercise of its conferred powers

by this Decision-Quadro;

h) Foreign authorities or entities, upon authorization of the member of the

Government responsible for the area of justice and the same conditions as

corresponding national authorities, for the instruction of criminal proceedings;

i) The official entities of Member States of the European Union, in the same

conditions of the corresponding national entities, for the purposes set out in the n.

5 of Article 22 of Law No 37/2006 of August 9, as well as entities of

another state, in accordance with the terms set out in convention or international agreement

beholdant, ensured that it is reciprocal treatment of national entities;

j) The entities authorized by the member of the Government responsible for the area of justice

for the pursuit of the purposes of scientific or statistical research.

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3-The competent public entities for the instruction of administrative procedures

of which you depend on the granting of employment or obtaining leave, authorization or

public registration, or administrative procedures for public procurement

of emplyor, or of leasing or acquisition of goods and services, of concession or of the

establishment of public-private partnerships, to be able to access the necessary information

to the fulfilment of legal requirement for the submission of certificate of the criminal record

applicable to the administrative procedure in question as long as the information holder,

in the case of natural persons, or a legal representative, in the case of collective persons

or equipared entities, authorize such access in advance in the framework of the procedure

administrative.

Article 9.

Form of access to information

1-The knowledge of the constant information of the criminal record, or of its absence,

concretizes with the issuance of a certificate from the criminal record.

2-The certificate of the criminal record is issued electronically by the services of

criminal identification.

Article 10.

Content of certificates

1-The certificate of the criminal record identifies the person to whom it refers and certifying the

criminal background prevailing in the register of that person, or his absence, according to

with the purpose to which the certificate is intended, to which it is also expressly

mentioned.

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2-Cannot appear in the certificate of the criminal record any indication or reference

donde if you can deprehend the existence in the register of other elements beyond the

that they should be expressly certified in the terms of the law, nor any other

mention not contained in the central files of the criminal record and contumacious.

3-The certificates of the criminal record requisitioned by the entities referred to in points a ) a

f ), h ) and i ) of Article 8 (2) for the purposes laid down therein contain the transcript

full of the current criminal record.

4-The certificates of the criminal record applications by foreign central authorities have the

content provided for in Article 30.

5-Without prejudice to the provisions of the following number, the certificates of the criminal record

required by natural persons for the purposes of employment, public or private, or for the

exercise of profession or activity in Portugal, must contain only:

a) The decisions of Portuguese courts decreeing the dismissals of the civil service,

prohibit the exercise of public function, profession or activity or interdictates this

exercise;

b) The decisions that are the consequence, supplement or implementation of the nominees in the

previous point and do not have as an effect the cancellation of the registration;

c) The decisions with the contents alluded to in a ) and b ) spoken by courts of another

Member State or of third States, reported by the Member

central authorities, without the legally permissible reserves.

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6-The certificates of the criminal record required by natural persons for the exercise of

any profession or activity for whose exercise is legally required the absence,

total or partial, of criminal background or the assessment of the person's suitability, or

that are required for any other purpose, contain all the decisions of

current Portuguese courts, with the exception of decisions cancelled provisionally

pursuant to Art. 12 or that should not be transcribed pursuant to Rule 13,

as well as the revocation, cancellation or extinction of the cancellation decision, and still the

decisions rendered by courts of another Member State or of third States, in the

same conditions, and the applicant shall specify the profession or activity to be exercised.

7-The certificates of the criminal record required by collective persons or entities

equistops contain all the decisions of current Portuguese courts.

8-To the certificates of the criminal record applications by public entities under the terms of paragraph 3

of Article 8 shall apply to the provisions of paragraphs 5 a to 7.

9-Access to information for pursuing the purposes of scientific research or

statistician processes and has the content determined in the authorization dispatch, not

may cover elements that allow to identify any individual record.

Article 11.

Final cancellation

1-The decisions entered shall cease to be effective in the criminal record in the following deadlines:

a) Decisions that have applied for imprisonment or security measure, with

caveat from those that respect the crimes provided for in Chapter V of Title I of the

book II of the Criminal Code, decorations 5, 7 or 10 years on the extinction of the penalty or

safety measure, if its duration has been less than 5 years, between 5 and 8

years or more than 8 years, respectively, and provided that, in the meantime, do not have

occurred new conviction for crime of any nature;

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b) The decisions that have applied penalty of a principal fine to the natural person, with

caveat from those that respect the crimes provided for in Chapter V of Title I of the

book II of the Criminal Code, decorates 5 years on the extinction of the penalty and since

that, in the meantime, no new felony conviction has occurred of any

nature;

c) The decisions that have applied penalty of a fine to the collective person or entity

equate, decorating 5, 7 or 10 years on the extinction of the penalty, depending on the

fine has been fixed in less than 600 days, between 600 and 900 days or in more

of 900 days, respectively, and provided that, in the meantime, no new

conviction for a crime of any nature;

d) The decisions that have applied penalty of dissolution of the collective person or

equated entity, decorated 10 years on the transit on trial;

e) The decisions that have applied for substitutive penalty of the main penalty, with

caveat from those that respect the crimes provided for in Chapter V of Title I of the

book II of the Criminal Code, decorates 5 years on the extinction of the penalty and since

that, in the meantime, no new felony conviction has occurred of any

nature;

f) The decisions of feather dispensation or applying penalty of admonestation,

decorated 5 years on the transit on trial or on the execution,

respects;

g) Decisions that have applied for incidental punishment, after the course of time for

this one fixed in the respectful sentencing sentence or, dealing with incidental punishment

without a deadline, after the rehabilitation decision.

2-When the decision has applied principal penalty and incidental penalty, the time limits provided for in

previous number are counted from the extinction of the highest duration penalty.

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3-Addressing decisions that have applied for suspended prison time in its execution

the deadlines set out in the paragraph e) of paragraph 1 counts, once the respect has occurred

extinction, from the end of the period of suspension.

4-Cessam also for its duration in the criminal record:

a) Decisions that are the consequence, complement or execution of decisions

the duration of which there is ceased in accordance with paragraph 1;

b) The decisions relating to the natural person, after his or her demise;

c) The decisions concerning the collective person or the equating entity, after their

extinction, except when this has resulted from merger or spinoff, in which case the

decisions go on to integrate the criminal record of the collective persons or

equates that have resulted from the spin-off or in which the merger takes effect;

d) The decisions deemed to be without effect by legal provision.

5-A The termination of the decisions does not take advantage of the convict as to the losses

outright that will result in it from the conviction, is without prejudice to the rights that this

accede to the offending or to third parties nor sana, on its own, the nullity of the acts

practiced by the convict during the incapacity.

6-Decisions whose duration there is cessation are kept in own informatic file

over a maximum period of five years, which can only be accepted by the

criminal identification services for the purpose of improperly registered resposition

cancelled or withdrawn, and finth that maximum term is cancelled in form

irrevocable.

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Article 12.

Provisional cancellation

Without prejudice to the provisions of Law No 113/2009 of September 17, being in question

any of the purposes for which the required certificate is intended pursuant to paragraphs 5 and 6 of the

article 10 may the court of execution of the penalties determine the cancellation, total or

partial, of the decisions that he should appear on, provided that:

a) The applied penalties have already been extinguished;

b) The person concerned if he has behaved in such a way that it is reasonable to assume to find-

if retrofitted; and

c) The person concerned shall be fulfilled the obligation to indemnify the offending, justified

their extinction by any legal means or proved the impossibility of their

compliance.

Article 13.

Decisions of non-transcription

1-Courts that convicts natural person in penalty of imprisonment up to one year or in penalty

not deprivative of liberty for any crime not provided for in Chapter V of Title I of the

book II of the Criminal Code may determine in the sentence or in subsequent order, if the

argued not to have suffered prior conviction for crime of the same nature and always

that of the circumstances that accompanied the crime were not to be inducted from danger of

practice of new crimes, the non-transcript of the respective sentence in the certificates to which

refer to Article 10 (5) and (6).

2-In the event that any interdiction has been applied, only the provisions of the

previous number finishes the deadline of the same.

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3-The cancellation provided for in paragraph 1 is revoked automatically, or does not produce effects,

in the event that the person concerned incurrs, or is already incurred, in new conviction by

felony felony posterior to the conviction where there has been handed down the decision.

CHAPTER III

Registration of contumazes

Article 14.

Organization and constitution

1-The registration of contumazes organizes in computerised central file, consisting of

elements of identification of the defendants, communicated by the courts or collected

by the criminal identification services, and by extracts from the criminal decisions that, in the

terms of the criminal procedure law, state the contumacy, amend that statement or the

make cessation.

2-Excerpts from the decisions to be entered in the register of contumazes contain the indication:

a) Of the court that delivered the decision and the number of the case;

b) From the date of the decision, and from the date of the respected transit on trial;

c) Of the crime that is imputed to the accused;

d) Of the content of the decision and the legal provisions applied;

e) Of the special effects of the declaration of contumacy.

Article 15.

Access to information

1-Have access to the information of the register of contumazes the information holder or who

prove to effect the application on behalf of or in the interest of that.

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2-Can still access the information of the disputing Registry:

a) The entities referred to in points a) a e) of Article 8 (2);

b) The public entities to whom it is entrusted to ensure the implementation of the effects of the

contumacy;

c) The third parties who are likely to effect the application with the purpose of acauteling

interests connected with the conclusion of legal business with contumaz or for

instruct the process of its cancellation, in this case being the information restricted to the

dispatch that declarates the contumacy.

Article 16.

Form of access to information

1-The knowledge of the constant information of the record of contumazes, or of its

absence, concretizes itself with the issuance of a certificate of contumacy.

2-The certificate of contumacy is issued electronically by the identification services

criminal.

3-A issue of certificates of the criminal record requisitioned under the terms of the ( a ) a and )

of Article 8 (2) is accompanied by the issuance of certificate of contumacy always

that there is current information in this register with respect to the same holder.

Article 17.

Contents of the certificate

The certificate of contumacy identifies the person to whom it refers and certifying the

statements of contumacy of that person prevailing in the register, as well as the respects

effects, or the absence of beholdant statements.

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Article 18.

Effective

1-Care effective in the registration of contumazes the statements and amendments of contumacy

on which a termination decision is registered.

2-The registration of contumaz ceases its duration when all declarations are ceased

of contumacy relating to the same holder.

3-Records whose duration there is cessation are kept in own informatic file

over a maximum period of five years, which can only be accepted by the

criminal identification services for the purpose of improperly registered resposition

cancelled or withdrawn.

CHAPTER IV

Typed dactiloscopic file of convicted defendants

Article 19.

Organization and constitution

The fingerprints of convicted defendants referred to the identification services

criminal case are filed with reference to the criminal record of the person to which they respect,

constituting the dactiloscopic file of convicted defendants.

Article 20.

Access to information

They have access to the information of the dactiloscopic file of defendants condemned the entities

referred to in points a) a e) of Article 8 (2) in the context of the pursuit of the purposes

referred to each of them.

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Article 21.

Form of access to information

1-Access to the information of the dactiloscopic file of convicted defendants concretizes

with the issuance of a dactiloscopic information.

2-A dactiloscopic information is emitted electronically by the identification services

criminal.

3-By technical requirements relating to the process of dactiloscopic comparison to information

dactiloscopic can be issued on paper support.

Article 22.

Content of information

The dactiloscopic information contains the identification of the person to whose record it is

associated and the image of the archived fingerprints, with indication of the process in

that the same hajam has been collected.

Article 23.

Effective

1-A information contained in the dactiloscopic file of convicted defendants stands

on record for the duration of the criminal record to which it is associated.

2-Cessed for the duration of the criminal record to which is associated with dactiloscopic information,

this one remains in own informatics file for a maximum period of five

years, and may be acheed by the criminal identification services for the purpose of

registration reposition unduly cancelled or withdrawn, or by judicial authority or

officer in the framework of criminal investigation or criminal process instruction.

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Article 24.

Transmission to the criminal information system of the Police Judiciary

The fingerprints collected from the defendants convicted and entered in the file

dactiloscopic can be integrated into the criminal information system of the Police Judiciary

on terms to regulate in a diploma of their own.

CHAPTER V

Exchange of information on convictions handed down by Tribunals of States-

Members of the European Union

Article 25.

Portuguese central authority

Criminal identification services are the Portuguese central authority for the purposes of the

fulfillment of the obligations laid down in Framework Decision No 2009 /315/JAI, of the

Council, of February 26, 2009.

Article 26.

Special record of decisions communicated pursuant to the Framework Decision

n. 2009 /315/JAI of the Council of February 26, 2009

1-The convictions and other subsequent rulings handed down by courts of

Member States of the European Union communicated to Portugal pursuant to the Decision-

Table No 2009 /315/JAI of the Council of February 26, 2009 are recorded in a

special registration of decisions rendered by Tribunals of other Member States of the

European Union, abbreviated as a special record of decisions

foreign, with the exclusive aim of guaranteeing the possibility of their retransmission

to Member States requesting information in the terms of the same Decision-

Frame.

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2-Compete to the criminal identification services arrange and keep up to date

special of foreign decisions, so as to ensure compliance with the obligations

arising from the Council Decision-Framework No 2009 /315/JAI of February 26

2009.

Article 27.

Treatment of foreign decisions

1-Decisions that build on the special register of foreign decisions keep up

vigour in this register in accordance with the communications received from the State-

Member of the conviction and until the information of the suppression is received or

cancellation in the criminal record of that Member State.

2-The decisions recorded in the special register of foreign decisions respecting the

greater than 16 years are also recorded in the criminal record, as long as they refer to

facts provided for as a crime in Portuguese law and allow identification of the person to

referred to, by becoming subject to the rules and the conservation deadlines set for

the criminal record, without prejudice to the provisions of the following numbers.

3-The time limits for the preservation of foreign decisions entered in the criminal record

Portuguese count in the terms of Article 11.

4-If until the expiry of the time limits provided for in Article 11 is not passed on

on the extinction of the penalty, these deadlines are counted in the following terms:

a) In the case of decisions applying fine penalties or other penalties not

deprivation of liberty, the deadline for cancellation of the decision in the register

criminal counts from the date of transit on trial of the decision

condensation;

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b) In the case of decisions that apply custodial sentences of liberty, the deadline for

cancellation of the decision in the criminal record counts as of the date of the

traffic on trial of the increased sentencing decision of the time period

corresponding to the penalty applied or, being suspended the execution of the penalty, to leave

of the end of the term of the suspension;

c) In any case, a subsequent decision being received by altering the penalty

or the terms of the fulfilment of the penalty, the time limits referred to in points

previous ones count in compliance with the change effected.

5-In cases where the Member State of the conviction communicates the deletion or

cancellation in its criminal record of decision previously remitted before

elapsed the shelf life set for the Portuguese criminal record, that

decision should be immediately cancelled in this register.

Article 28.

Communication of convictions to the Member State of the nationality

1-Are reported by the criminal identification services to the central authorities of the

State-Member of the nationality of the accused all decisions rendered by courts

Portuguese and entered in the Portuguese criminal record that apply feathers and measures of

security to national citizens of Member States of the European Union, as well as the

subsequent decisions relevant that report to those decisions and, still, the respect

cancellation in the criminal record.

2-A communication referred to in the preceding paragraph is accompanied by the information of no

be able to be retransmitted to other purposes other than on the criminal procedure.

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Article 29.

From requests for information to be made to the foreign central authorities

1-Whenever it is directed to the criminal identification services, by an authority

portuguese, a request for issuance of certificate from the criminal record for instruction of

criminal case in which a national of a Member State of the Union is argued

European, those services shall address the central authority of the Member State of the

nationality of the accused an application for issuance of certificate of the criminal record, in order

to provide the information received together with the certificate of the criminal record

Portuguese.

2-The Portuguese public entities to whom the law ascribe legitimacy to ask for

issuance of certificates from the criminal record for purposes other than the instruction of

criminal case, when they request the issuance of a certificate from the criminal record

relating to a national of a Member State of the European Union, may apply for the

criminal identification services that is also sought for the issuance of the certificate of the

criminal record to the central authority of the Member State of nationality in order to

are provided with the information received together with the certificate of the registration

Portuguese criminal.

3-Where a national citizen of another Member State of the European Union

present in Portugal an application for the issuance of your certificate of the criminal record, the

criminal identification services should address the central authority of the Member State

of the nationality of the applicant an application for the issuance of a certificate of the criminal record,

in order to provide you with the information received together with the certificate of the registration

Portuguese criminal.

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4-The Portuguese who are or have been resident in another Member State of the Union

European and the non-national citizens of Member States who are or have been resident

in another Member State, when they request the issuance of a certificate of the registration

portuguese criminal, may require the criminal identification services that be

also sought to issue the certificate of the criminal record to the central authority of the

Member State where they are or hajam residents, in order to be provided the

information received together with the certificate of the Portuguese criminal record.

5-The provisions of paragraphs 3 and 4 shall apply to applications for the issuance of certificates presented

by public entities in the framework of the instruction of administrative procedures

preceding authorization of the information holder.

Article 30.

Certificates issued with information sought from foreign central authorities

The certificates of the Portuguese criminal record issued under the conditions referred to in the article

previous contain the certificate of the criminal record of the Member State to whom there has been

requested that issuance, or the information of the date on which such an issue was requested.

Article 31.

From the requests for information submitted by foreign central authorities

1-Central authorities of the Member States of the European Union may direct the

criminal identification services applications for issuance of certificate of background certificates

criminals in the following cases:

a) For the instruction of criminal proceedings;

b) To supplement application for issuing a certificate of the criminal record

presented in that central authority by a Portuguese, by a citizen who

there is a Portuguese national, or by a citizen who is or has been resident

in Portugal;

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c) For order satisfaction directed at that central authority by an authority

public on behalf of and in the interests of a Portuguese citizen or that there has been national

Portuguese, or by a citizen who is or has been resident in Portugal,

preceding authorization of the own.

2-A issue referred to in point b) of the previous number can only occur if the order

has been submitted to the Central Authority by the holder of the information, or by a

third expressly dated to the effect by the holder, and if the elements of

declared identification have been verified through identification document

idotous.

3-A issue referred to in point c) of paragraph 1 can only occur if the central authority

applicant confirm to have existed prior authorization of the holder and if the elements of

declared identification have been verified through identification document

idotous.

4-The applications for issuance of criminal background certificates submitted by the

central authorities of the Member States of the European Union for other purposes

or in other conditions cannot be satisfied.

Article 32.

Contents of the responses to requests for information from the central authorities

foreign

1-The certificates of the criminal record issued in response to applications submitted by

central authorities of other Member States for the instruction of proceedings

criminals must contain:

a) The prevailing decisions in the criminal record;

b) Other decisions communicated by Member States or by third countries

which build on the vigour in the special register of foreign decisions.

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2-Certificates issued in response to applications submitted by central authorities of

other Member States to supplement the application for the issuance of certificate of the

criminal record there filed by a particular or those directed by authority

public, are issued in accordance with the legal standards applicable to the issuance of

certificates of the criminal record required by private individuals, with reference:

a) To the decisions of Portuguese courts in the criminal record;

b) To the decisions of foreign courts prevailing in the criminal record that apply

feathers or security measures for crimes equivalent to the crimes of violence

domestic, of ill-treatment or against freedom and sexual self-determination, in the

cases in which the purpose for which the certificate is intended involves regular contact

with minors.

Article 33.

Request for a copy of national decisions

Criminal identification services can request the courts copy of decisions

judicial proceedings by these transmitted and registered in the criminal record, particularly for purposes

of remittance to the central authorities of other Member States.

Article 34.

Protection of data

1-The personal data received from the central authorities of other Member States in

responses to requests from the criminal identification services for purposes other than

relating to criminal proceedings can only be used for the purposes for which they were

requested, except in situations of imminent and serious threat to public safety.

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2-In the transmission of information to third countries the criminal identification services

shall take the necessary measures to ensure that the personal data received from

other Member States shall be subjected to limits of use identical to those applicable

to the transmission of data to Member States of the European Union.

Article 35.

Support of the transmission of information

The transmission of information between the criminal identification services and the authorities

central to the remaining Member States of the European Union shall be effected by means of an electro-

through the system of supporting information in the operation of the criminal record or

through the information system made available for the purpose by the European institutions

competent, without prejudice to the possibility of being effected by any means susceptible to

leave record written in the situations of absence of technical means capable of transmission

electro.

Article 36.

Relation to other legal instruments

1-In relations between Member States of the European Union the legal provisions that

concretize the transposition of Council Framework Decision No 2009 /315/JAI, of the Council, of 26

of February 2009, complete the provisions of Article 13 of the European Convention of

Mutual Legal Aid in Criminal Matters and their Additional Protocols, as well as the

Convention Relating to Mutual Legal Aid in Criminal Matters between States-

Members of the European Union and its Protocol, renouncing Portugal to invoke in these

relationships the reservations that there are formulated with respect to that standard.

2-In relations between Member States of the European Union the provisions that

concretize the transposition of Council Framework Decision No 2009 /315/JAI, of the Council, of 26

of February 2009, replace the provisions of Article 22 of the European Convention of

Mutual Legal Aid in Criminal Matters.

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CHAPTER VI

Exchange of information with states that are not members of the European Union

Article 37.

Communication of convictions

1-The sentencing decisions of domestic foreign nationals of states other than

members of the European Union handed down by Portuguese courts may be

reported by the criminal identification services to the central authorities of these

States on the terms set out in a current international convention or agreement,

ensured that it is reciprocal treatment with respect to the communication of convictions

of Portuguese in that state.

2-The sentencing decisions of Portuguese citizens greater than 16 years handed down by

courts of states that are not members of the European Union that are

communicated to Portugal on the terms set out in convention or agreement

international vigour, are entered in the criminal record as long as they refer to facts

predicted as a crime in Portuguese law and permit identification of the person to whom

refer, applying to them the provisions of Article 27 (3) and (4).

Article 38.

Exchange of information on criminal background

1-The requests for information on criminal background directed at the services of

criminal identification by entities of State that are not a member of the European Union

are satisfied under the terms set out in a current international convention or agreement

that provides for it, or in accordance with the given in the order of authorization of the

member of the Government responsible for the area of justice, assured that it is treatment

reciprocal to the national entities, by applying them to the provisions of the

present law regulating the satisfaction of requests from national entities for the purposes of

statement of criminal proceedings.

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2-Criminal identification services may drive requests for information about

criminal background to states that are not members of the European Union, in the

terms set out in convention or current international agreement that provides for it,

where this is requested by one of the entities referred to in the ( a) a f) of paragraph 2

of Article 8.

CHAPTER VII

Supplementary and final provisions

Article 39.

Entity responsible for the databases

1-The Director General of the Administration of Justice is the one responsible for the databases of

criminal identification, in the terms and for the purposes set out in Law No. 67/98, of 26 of

October.

2-It is up to the Director General of the Administration of Justice to ensure the right of information and of

access to the data by the titular respects, the correction of inexatids, the completenment

of omissions, the deletion of improperly recorded data, as well as the velar by

legality of the consultation or the communication of the information.

Article 40.

Access to information by the holder

1-The holder of the information, or who proves to effect the application on behalf or in the interest

of that, has the right to take notice of the data which at the same dismay

constant respect of the records of the jurisdiction of the criminal identification services,

may require your rectification and updating or deletion of data unduly

registered.

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2-The knowledge of the constant information of any of the records of the competence of the

criminal identification services concretizes itself with the issuance of a certificate of

access to the Registry, which certifying the full contents of that person's record, or the

no information in record on that person, and may not be used for

no other effect.

Article 41.

Incorrect or improperly recorded data

1-It is incorrect or unduly recorded data which if not shown to be compliant

with the content of the communication carried out by the courts or the central authorities to the

criminal identification services.

2-Being invoked disconformity between the content of the communication carried out by the courts

or by the central authorities to the criminal identification services and the situation

procedural, criminal identification services communicate the situation to the entity

sender of the information so that this will promote the changes you understand necessary.

Article 42.

Complaints and resources

1-Compete to the Director General of the Administration of Justice to decide on the complaints

relating to access to information in criminal identification matters and their

content, and the appeal of its decision.

2-The appeal on the legality of the content of the certificates of the criminal record is

interposed for the court of execution of the feathers.

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Article 43.

Violation of standards concerning files and printouts

1-A violation of standards relating to computerized files of criminal identification or

of contumazes is punished under the provisions of Section III of Chapter VI of the Act

n. 67/98, of October 26.

2-A The falsification of the official models of certificates of the criminal record and of contumacy, the

use of these falsified documents and the falsification of other model printouts

officer of criminal identification constitute crime punishable under Rule 256 of the

Penal code.

Article 44.

Previous opinion

The drafting of legal diplomas in which the absence of a criminal record is provided for

for the exercise of a particular profession or activity per natural person is preceded,

necessarily, from the opinion of the Directorate General of Reinsertion and Prisonal Services.

Article 45.

Regulation

This Law is regulated within 90 days of its publication.

Article 46.

Abrogation standard

1-Is repealed Law No. 57/98 of August 18, amended by Decree-Law No. 323/2001, of

December 17, and by the Laws n. ºs 113/2009, of September 17, 114/2009, of 22 of

September, and 115/2009, of October 12.

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2-The Decree-Law No. 381/98 of November 27, amended by the Decrees-Laws

n. paragraphs 20/2007, of January 23, and 288/2009, of October 8, shall remain in force until the

publication of the regulations referred to in the previous article.

Seen and approved in Council of Ministers of January 8, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs