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Law No. 290 Of 24 June 2004 On Criminal Records

Original Language Title:  LEGE nr. 290 din 24 iunie 2004 privind cazierul judiciar

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LEGE no. 290 290 of 24 June 2004 (** republished) (* updated *) on criminal record * *) ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to the provisions art. II of Government Emergency Ordinance no. 216/2008 to amend and supplement Law no. 290/2004 on the criminal record, published in the Official Gazette of Romania, Part I, no. 848 of 17 December 2008, approved with amendments and additions by Law no. 172/2009 , published in the Official Gazette of Romania, Part I, no. 321 321 of 14 May 2009.
Law no. 290/2004 was published in the Official Gazette of Romania, Part I, no. 586 of 30 June 2004, was rectified in the Official Gazette of Romania, Part I, no. 309 309 of 13 April 2005 and has been amended by:
- Law no. 202/2005 for amendment art. 21 21 para. ((2) of Law no. 290/2004 on the criminal record, published in the Official Gazette of Romania, Part I, no. 567 567 of 1 July 2005;
- Law no. 221/2009 on political convictions and administrative measures assimilated to them, delivered between March 6, 1945 and December 22, 1989, published in the Official Gazette of Romania, Part I, no. 396 396 of 11 June 2009.
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+ Chapter I General provisions + Article 1 In order to prevent and combat the facts provided and punished by the criminal law, the criminal record is organized, as a means of knowledge and operative identification of persons who committed crimes against the person and his freedom, the heritage and, in general, the order of law. + Article 2 In the criminal record shall be kept records of natural persons and convicted legal persons or against whom other measures of a criminal or administrative nature have been taken according to the Criminal Code, as well as those to which measures were ordered Criminal proceedings. + Article 3 The communication of the data from the criminal record is made under the present law and in compliance with Law no. 544/2001 on free access to information of public interest, with subsequent amendments and completions, of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions, and of Law no. 182/2002 on the protection of classified information, as amended and supplemented, in the case of data of operative interest. + Chapter II Organisation of the criminal record + Article 4 The criminal record is organized by the Ministry of Administration and Interior and is related to the units of the Romanian Police, through specialized structures in this field. + Article 5 (1) The computerized record of the criminal record and the computerized dactyloscopic record is organized and operated within the Romanian Police, which also ensures the coordination of the activities carried out in these fields. (2) The activity regarding the criminal record will be led, at the central level, by the Criminal Records Directorate, statistical and operative records of the General Inspectorate of the Romanian Police. (3) The General Inspectorate of the Romanian Police, through the Criminal Records Directorate, statistics and operative records, is central authority regarding the exchange of data registered in the criminal record with the Member States of the European Union, in the sense art. 1 1 para. (1) of Council Decision 2005 /876/JHA of 21 November 2005 on the exchange of information extracted from criminal records published in the Official Journal of the European Union no. 322 322 of 9 December 2005. + Article 6 (1) The General Inspectorate of the Romanian Police shall organize and operate the central criminal record in which the records of natural persons born outside Romania and of the foreign legal persons who are the subject of the criminal record, the the operative record and the special records of the police, who committed crimes on the territory of Romania and were convicted or against which the waiver or postponement of the application of the sentence or to which measures were ordered preventive, as well as those in one of the situations provided in art. 14 14 para. ((2). ----------- Alin. ((1) of art. 6 6 has been amended by section 1 1 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) In the central criminal record shall also be kept records of persons who have received communication of evidence from the competent bodies of other states. + Article 7 (1) At the county police inspectorates and at the General Police Department of the Municipality of Bucharest is organized and operates the local criminal record, in which the physical persons born in the administrative-territorial area of the county are kept, respectively of the city of Bucharest, as well as the record of legal entities that have their registered office within the administrative-territorial area of the county, respectively of (2) In the structure of the county police inspectorates and the General Police Department of Bucharest will operate specialized services in the field, which will ensure at the level of territorial-administrative units the activities on the line of criminal record, operative record and special records of the Romanian Police. + Article 8 (1) The registration in the criminal record shall be made nominally, by registering the civil status data for individuals, respectively the identification data for legal entities, as well as judicial data. (2) In the case of individuals, the registration shall be made and typed, in the situations provided for in this law, by taking the digital and palmar impressions, necessary for the identification of the registered persons and the exact knowledge of their legal situation. (3) In order to register and identify dactyloscopic, within the General Inspectorate of the Romanian Police operates a specialized service on dactyloscopy problems, with distinct compartments at the level of county services and of the General Police Department of Bucharest. + Chapter III Registration of data in the criminal record and removal procedure from the record + Article 9 As far as individuals are concerned, data shall be entered in the criminal record on: a) penalties, safety and educational measures, delivered by final court decisions; b) waiving or postponing the application of the sentence, starting, interrupting and ending the execution of penalties and educational measures, suspension under supervision of the execution of the sentence, replacement, staggering and payment of criminal fines ----------- Lit. b) of art. 9 9 has been amended by section 4.2 2 2 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. c) amnesty, pardon, prescription of execution of sentence, rehabilitation, political character of conviction; d) the penalties and measures rendered by final criminal judgments by the courts abroad, as well as the measures taken by the acts carried out by the criminal judicial bodies abroad, if these judgments were recognized by competent Romanian bodies; e) final decisions imposing rectifications in the criminal record; f) extradition. + Article 10 As regards legal persons, data shall be entered in the criminal record on: a) penalties and safety measures rendered by final judgments; b) the commencement, interruption and termination of the execution of penalties, the staggered and the ------------ Lit. b) of art. 10 10 has been amended by section 4.2 3 3 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. c) amnesty, pardon, prescription of execution of sentence, rehabilitation; d) the penalties and measures rendered by final criminal judgments by the courts abroad, as well as the measures taken by the acts carried out by the criminal judicial bodies abroad, if these judgments were recognized by competent Romanian bodies; e) final decisions imposing rectifications in the criminal record. + Article 11 (1) In the records of the criminal record organized at the police units provided in art. 6 and 7 are provisionally noted, until the final settlement of the case, when deleted from the record, data on natural or legal persons against whom the criminal action was ordered to be set in motion or against which one of the preventive measures provided by the Code of Criminal Procedure. (2) The data provided in par. ((1) shall not be entered in the criminal record certificate issued to the natural person or, where applicable, to the legal person. (3) By exception to the provisions of par. (2), if the criminal record certificate is issued for registration in the Register of intra-Community operators, according to the provisions art. 158 ^ 2 of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, in the criminal record certificate shall be entered and given provisionally noted regarding the natural or legal persons to whom the criminal action was ordered to be set in motion. -------------- Alin. ((3) of art. 11 11 was introduced by art. XX of EMERGENCY ORDINANCE no. 54 54 of 23 June 2010 , published in MONITORUL OFFICIAL no. 421 421 of 23 June 2010. + Article 12 Registration of the data referred to in 9 9 or the provisional notes referred to in art. 11 11 shall be based on: a) the extracts from the final court decisions, as well as from the conclusion of the extension of the criminal proceedings, sent by the court; b) communications to waive or postpone the application of the sentence, commencement, interruption or termination of the execution of the prison sentence, communications regarding the taking of preventive measures, execution of safety measures and educational measures, sent the unit where they are executed or the local police unit, in the cases provided for in art. 14 14 para. ((3); ---------- Lit. b) of art. 12 12 has been amended by section 4.2 4 4 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. c) communication on the carrying out of the extradition decision, sent by the body that has executed this measure; d) communications for the setting in motion of the criminal action, of the extracts on the orders of removal from prosecution or of termination thereof, sent by the prosecution body that took the measure; e) communication on the replacement, staggering or payment of criminal fines. ----------- Lit. e) of art. 12 12 has been amended by section 4.2 4 4 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 13 Registration of the data referred to in 10 10 is based on: a) the extracts from the final court decisions, as well as from the conclusion of the extension of the criminal proceedings, sent by the court; b) communications to waive or postpone the application, commencement, interruption or termination of the execution of the main and complementary penalties or execution of complementary penalties, sent by the court; ----------- Lit. b) of art. 13 13 has been amended by section 4.2 5 5 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. c) communications on staggered and payment of criminal fines. ---------- Lit. c) of art. 13 13 has been amended by section 4.2 5 5 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 14 (1) Extrases, communications and other acts provided for in art. 12 and 13 are sent to the competent police units according to art. 6 6 and 7, no later than 10 days after the date of final stay of the sentencing decision, the taking of the measure, the delivery of the solution or the commission of the legal fact to be taken into account. (2) In cases of commencement of the execution of the sentence in a place of detention or in the case of detention, house arrest, preventive arrest or medical admission, as well as at the beginning of the execution of educational measures regarding freedom, the communications will be accompanied by the decadactylar dactyloscopic sheet. The communications shall be sent to the criminal record from the place of birth of the person concerned or, as the case may be, to the criminal record of the General Inspectorate of the Romanian Police, and the dactyloscopic sheet is sent to the specialized service on problems of dactyloscopy from the General Inspectorate of the Romanian Police or, as the case may be, to the compartments at the level of the county services and the General Police Department of Bucharest. ---------- Alin. ((2) of art. 14 14 has been amended by section 6 6 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (3) For persons in the execution of educational measures regarding freedom, the dactyloscopic sheet shall be drawn up by the local police unit, which also sends the communication. ----------- Alin. ((3) of art. 14 14 has been amended by section 6 6 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (4) For the nationals of the Member States of the European Union, other than the Romanian ones, the acts provided for in art. 12 and 13 will be sent to the Criminal Records Directorate, statistical and operative records of the General Inspectorate of the Romanian Police, which, as central authority, will register the respective data in the criminal record and communicate them the central authorities of the Member States of the European Union whose nationals are the persons concerned. + Article 15 ((1) Individuals entered in the criminal record or with regard to which provisional notaries have been made shall be highlighted if they are in one of the following situations: a) the acts they have committed are no longer provided by law as crimes; b) the judicial or legal rehabilitation has intervened; c) amnesty intervened; d) have been sentenced to the penalty of fine or a custodial sentence of no more than 3 years and 20 years have passed since the date of the final stay of the conviction; e) have died; f) the prosecution was ordered to be dropped or the ranking against them or a final decision was made to acquit or terminate the criminal proceedings; ---------- Lit. f) a par. ((1) of art. 15 15 has been amended by section 4.2 7 7 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. g) one year has passed since the execution of the educational measure; ---------- Lit. g) a par. ((1) of art. 15 15 has been amended by section 4.2 7 7 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. h) 2 years have passed since the date when a final decision was issued to postpone the application of the sentence and it was not ordered to revoke or cancel the postponement of the application of the sentence according to art. 88 or 89 of the Criminal Code; ---------- Lit. h) a par. ((1) of art. 15 15 has been amended by section 4.2 7 7 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. i) 5 years have passed since the date of application of one of the administrative sanctions provided for by art. 91 91 of Law no. 15/1968 on the Criminal Code, republished, with subsequent amendments and completions. ---------- Lit. i) a par. ((1) of art. 15 15 was introduced by section 4.2. 8 8 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) If in the criminal record of the persons referred to in par. ((1) lit. a)-d) and f) there are other indications, only the entries that require the removal from the record shall be deleted. + Article 16 (1) The legal persons entered in the criminal record shall be highlighted if they are in one of the following situations: a) the acts they have committed are no longer provided by law as crimes; b) rehabilitation intervened; c) amnesty intervened; d) have been sentenced to the penalty of fine and 20 years have passed since the date of the final stay of the conviction; e) have been dissolved and radiated and 10 years have passed since the date of final stay of the conviction; f) 5 years have passed since the execution of the complementary penalties, except for the one provided in lett. e). (2) If in the criminal record of the persons referred to in par. ((1) there are other particulars, only the particulars that require the removal from the record shall be deleted. + Chapter IV Content of the criminal record certificate + Article 17 The criminal record certificate includes the criminal sanctions from the final judicial decisions. + Article 18 The criminal record certificate shall not include: a) criminal sanctions handed down for acts committed during the minority; b) safety measures taken without the application of a sentence, except for medical admission and the prohibition of the occupation of a profession or the exercise of a profession; ---------- Lit. b) of art. 18 18 has been amended by section 4.2 9 9 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 19 (1) Criminal prosecution bodies or courts may order the carrying out of a natural person's fingerprint identification, in cases where it does not present an identity document or there are suspicions of the authenticity of the act presented, uses names or false identity documents or there are thorough indications that he committed a deed provided by the criminal law. (. The identification of the typist of the natural person may also be made at the request of the competent authorities of the other Member States of the European Union (3) The dactyloscopic identification is made by the specialized parties within the General Inspectorate of the Romanian Police or the territorial police units. (4) For the persons referred to in art. 6 6 para. (1), the fingerprint identification will be carried out by the specialized parties within the General Inspectorate of the Romanian Police. + Chapter V Communication of data from the criminal record + Section 1 The manner and conditions required for obtaining the copy of the criminal record + Article 20 (1) The prosecution bodies or courts may request, whenever necessary, a copy of the criminal record of the person in the course of prosecution or trial. ((2) The institutions of the defence, public order, national security and justice system may also require a copy of the criminal record of the person for whom specific checks are carried out. ((3) If the competent Romanian authorities request information from the national criminal record of a Member State of the European Union, the Criminal Records Directorate, statistical and operative records of the General Inspectorate of the Police Române, as the central authority, shall submit to the central authority of the requested State a request for extracts from the criminal record and information relating thereto. (4) Applications for extracts from the criminal record and information regarding it, provided in par. ((3) shall be transmitted on the basis of the form set out in the Annex to Decision 2005 /876/JHA (5) Public institutions and specialized bodies of the public administration shall request extract from the criminal record, based on the express consent of the person for whom specific checks are carried out. ---------- Alin. ((5) of art. 20 20 was introduced by the subsection. 1 1 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 21 (1) In the copy of the criminal record, the data entered in the criminal record and provisional notaries that have not been deleted shall be passed. (2) The copy of the criminal record sent to the judicial bodies shall be attached to the information on administrative sanctions applied according to art. 91 91 of Law no. 15/1968 on the Criminal Code, republished, with subsequent amendments and completions, as well as those on preventive measures or penalties ordered by judicial bodies, registered according to art. 6 6 para. ((2). ---------- Alin. ((2) of art. 21 21 has been amended by section 10 10 of art. 69 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (3) On the copy of the criminal record transmitted to the institutions of the defense system, public order, national security and justice shall also be attached to the history of convictions or other measures of a criminal or administrative nature taken according to Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, as well as of the measures ordered by Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions. ---------- Alin. ((3) of art. 21 21 was introduced by the subsection. 2 2 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (4) In the extract from the criminal record sent to the public institutions and to the specialized bodies of the public administration, the criminal sanctions of the final judicial decisions shall be entered. ---------- Alin. ((4) of art. 21 21 was introduced by the subsection. 2 2 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 22 (1) The application for obtaining the children from the criminal record must be motivated and include: a) for the natural person: the civil status data, including the personal numerical code; b) for the legal person: identification data, including the tax code. (2) The application is addressed to the police unit in whose administrative-territorial area the natural person was born or has his legal entity for which the copy of the criminal record is requested, and in the cases provided for in art. 6, General Inspectorate of the Romanian Police. (3) Police units provided in par. (2) will immediately send the copy of the criminal record of the individual to whom the prosecution for flagrant crimes or the measure of preventive arrest was ordered to begin. In the other cases the copy will be sent no later than 3 working days from the receipt of the request. (4) The application-type for obtaining children and extracts from the criminal record can be submitted electronically under the conditions provided in art. 34 34 para. ((2) and is exempt from taxes. ---------- Alin. ((4) of art. 22 22 was introduced by the subsection. 3 3 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 23 (1) Personal data communicated by the competent authorities of the other Member States of the European Union in response to the requests referred to in art. 20 20 para. (3) for the purpose of a criminal procedure may be used by the Romanian authorities only for the purpose of criminal proceedings for which they were requested. ((2) Personal data transmitted by the competent authorities of the other Member States of the European Union in response to the requests referred to in art. 20 20 para. ((3) for purposes other than a criminal procedure may be used by the Romanian authorities only for the purpose for which they were requested and within the limits specified in the response by the competent authority of the requested State. + Article 24 (1) The sending abroad of children from the criminal record is made according to the international agreements to which Romania is a party. (2) In the states to which Romania has no commitments resulting from the international agreements to which it is a party, the communication of the children on the criminal record is made, on the basis of reciprocity, by the Ministry of Administration and Interior, by The Ministry of Foreign Affairs, at the request of these states, transmitted diplomatically, or through other competent institutions. + Article 25 (1) The General Inspectorate of the Romanian Police, through the Criminal Records Directorate, statistical and operative records, receives requests for extracts from the criminal record and information related to it, transmitted by the competent authorities of the other Member States of the European Union. (2) The response to the requests provided in par. (1) is transmitted on the basis of the form set out in the Annex to Decision 2005 /876/JHA, to which the copy of the criminal record referred to in art. 21. (3) The response to the requests provided in par. ((1) shall be transmitted within 3 working days from the date of receipt of the request. ((4) If further information is required to identify the person to whom the request referred to in paragraph refers. (1), the General Inspectorate of the Romanian Police, through the Criminal Records Directorate, statistical and operative records, shall immediately request this information from the authority that transmitted the request. (5) In the case provided in par. ((4), the response time shall begin to run from the date of receipt of the information necessary to identify the person to whom the request relates ((6) The copy of the criminal record requested by the central authorities of the other Member States of the European Union shall also be attached to the information on the preventive measures or penalties ordered by the competent bodies of the Member States and registered under art. 6 6 para. ((2). + Article 26 The communications, requests, replies and other relevant information may be transmitted to the authorities of the other Member States of the European Union by any means able to produce a written document and under conditions allowing the authorities to intended to establish their authenticity. + Section 2 The conditions required and the manner of obtaining the criminal record certificate by natural or legal persons + Article 27 (1) Natural or legal persons may obtain their own certificate of criminal record under the conditions set out in art. 28-31. (2) The criminal record certificates issued by the authorities referred to in art. 6 and 7 are valid for 6 months from the date of issue. (3) If the criminal record certificates issued by the authorities of some foreign states have not provided for a term of validity, it is 6 months from the date of issue, when used before the Romanian authorities. ((4) Abrogat. ---------- Alin. ((4) of art. 27 was repealed by the subsection. 4 4 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 28 (1) The request-type, with the complete civil status data and motivated, shall be submitted by the individual electronic or personal, to any unit or police subunit in which the counter-issuance of the criminal record certificates works. ---------- Alin. ((1) of art. 28 28 has been modified by the subsection. 5 5 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. ((2) The request-type, with the complete identification and reasoned data, shall be submitted by the electronic legal person or by legal representative, who must prove their quality, at any unit or police subunit in which the counter works issuing criminal record certificates. ---------- Alin. ((2) of art. 28 28 has been modified by the subsection. 5 5 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (3) In case of applications submitted under the conditions provided in par. ((1) and (2), the criminal record certificate shall be issued no later than 3 days from the date of the request. (4) The date from which the electronic application for obtaining the criminal record certificate can be submitted, as well as the filing procedure shall be established by order of the Minister of Internal Affairs. ---------- Alin. ((4) of art. 28 28 has been modified by the subsection. 5 5 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 29 (1) Individuals who are abroad may request the issuance of the criminal record certificate through the diplomatic missions or consular offices of Romania. (2) In case of applications submitted under the conditions provided in par. ((1), the criminal record certificate shall be issued no later than 30 days from the date of the request. (3) At the reasoned request of persons abroad, the diplomatic missions and consular offices of Romania may issue, after carrying out the necessary checks in the databases provided for in art. 34 34 para. (1), certificates in which they record the results of the checks, according to art. 17 17 and 18. ---------- Alin. ((3) of art. 29 29 has been introduced by section 1 1 of art. unique of ORDINANCE no. 1 1 of 19 January 2016 , published in MONITORUL OFFICIAL no. 44 44 of 20 January 2016. (4) The certificate provided in par. (3) have the legal value of a criminal record certificate, shall be used exclusively abroad, shall be issued no later than 10 days from the date of the request and shall be valid for 6 months from the date of issue. ---------- Alin. ((4) of art. 29 29 has been introduced by section 1 1 of art. unique of ORDINANCE no. 1 1 of 19 January 2016 , published in MONITORUL OFFICIAL no. 44 44 of 20 January 2016. + Article 30 (1) In order to obtain a criminal record certificate from another Member State of the European Union, the natural person addresses a request in this regard to the criminal record, statistical and operative records department of the General Inspectorate of Romanian police. (2) In order to obtain the requested data, the Criminal Records Department, statistics and operative records of the General Inspectorate of the Romanian Police address, in compliance with the provisions of art. 26 26, to the central authority of the Member State of the European Union where a request for extract from the criminal record and information relating thereto is requested. (3) The application referred to in paragraph ((1) may be made by persons who are or have been residents or nationals of the Romanian state or of the Member State of the European Union from where the criminal record is requested. + Article 31 (1) The criminal record certificate for individuals may also be requested by their powers, according to the legal procedures in force, as follows: a) in the country, only on the basis of a proxy authenticated by a notary public; b) abroad, on the basis of a proxy authenticated by the diplomatic missions or consular offices of Romania or by a notary, in compliance with the requirements of the legalization of foreign official documents. For the states which acceded to the Hague Convention of 5 October 1961 it is sufficient to apply the Apostille. (2) The content of the prosecutor's office must be formulated in clear terms, showing the person who was mandated, the purpose and duration of the mandate. (3) When the criminal record certificate is required for submission to the individual pardon file, it may be requested by the convicted person, the defender or its legal representative, the spouse of the convicted person, the children, the ascendants, brothers or sisters of the convicted person or her husband. (4) In order to issue the criminal record certificate to the persons referred to in par. (3), with the exception of the convicted person, the original presentation and the submission of a copy of the documents proving the quality will be requested. + Chapter VI Rectification of enrolments or notaries in the criminal record + Article 32 (1) The person appearing in the records of the criminal record may request the rectification of the registered data or provisional notaries if they do not correspond to the actual situation or if their registration was not done in compliance with the legal provisions. (2) The request for rectification must be motivated and accompanied by the supporting documents and is addressed to the police unit that issued the criminal record certificate, which is obliged to verify the petitioner's claims, and if it finds that in The criminal record has entered into the wrong claim, the rectification of the data and the communication or release of a new act instead of the contested one. (3) The certificate of criminal record issued under the conditions of par. ((2) is exempt from stamp duty and expenses incurred for issuing the document. (4) The police unit shall communicate to the petitioner the manner of settlement of the application, no later than 20 days after its submission. + Article 33 (1) The person to whom the request for rectification of the criminal record has been rejected may enter an appeal, including for the situation in which the error of registration in the criminal record is not due to the police unit, within 30 days of communication, at the court in whose territorial area of competence domicates. (2) The appeal shall be exempt from stamp duty and the judgment given shall be final and irrevocable. (3) In case of admission of the appeal, the court will send a copy of the decision to the police unit that issued the contested act, in order to rectify the criminal record, both at the level of the local and central criminal record. + Chapter VII Transitional and final provisions + Article 34 (1) In order to create automated databases on persons in the records of the criminal record, within the Ministry of Administration and Interior the National System of Informatized Records of the Judicial Record is carried out. (2) In order to use these records, all police units and sub-units, other structures and institutions of the defence system, public order, national security and justice, institutions shall be connected to the computerised system. public and specialized bodies of public administration, as well as the competent structures of the Ministry of Foreign Affairs. ---------- Alin. ((2) of art. 34 34 has been modified by the subsection. 6 6 of section V, art. 14 from Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (3) The organization and functioning of the National System of Informatized Records of the Judicial Record shall be established by Government decision *), within 60 days from the date of entry into force of this Law. Note
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* *) See Government Decision no. 2.101/2004 on the organization and functioning of the National System of Informatized Records of the Judicial Record, published in the Official Gazette of Romania, Part I, no. 1.220 1.220 of 20 December 2004.
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+ Article 35 Until the National System of Informatized Records of the Judicial Record is realized, the police structures carry out their criminal record activity according to the system in force. + Article 36 (1) Communications on the data to be entered in the criminal record or provisionally noted in the records of the police units, the requests necessary for obtaining the certificates and children on the criminal record and the certificates provided for to art. 29 29 para. (3), as well as the issued documents will be drawn up on the form-type, according to the model established by Government decision, under the conditions provided in art. 34 34 para. ((3). ---------- Alin. ((1) of art. 36 36 has been amended by section 3 3 of art. unique of ORDINANCE no. 1 1 of 19 January 2016 , published in MONITORUL OFFICIAL no. 44 44 of 20 January 2016. Note
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** **) See Government Decision no. 1.373/2004 for the approval of forms-type concerning communications on the data to be entered in the criminal record or provisionally noted in the records of the police units, as well as those concerning applications for obtaining certificates and children on the criminal record, published in the Official Gazette of Romania, Part I, no. 841 841 of 14 September 2004.
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(2) The criminal record certificates issued through the National System of Informatized Records of the Judicial Record will include mandatory elements of securing the document. The model of the criminal record certificate is established by Government decision.
+ Article 37 This law shall enter into force within 30 days from the date of publication in the Official Gazette of Romania, Part I, the date on which it is repealed Law no. 7/1972 on the criminal record, published in the Official Bulletin, Part I, no. 43 43 of 29 April 1972. Note
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NOTE:
We reproduce below the provisions art. II of Law no. 172/2009 on approval Government Emergency Ordinance no. 216/2008 to amend and supplement Law no. 290/2004 on criminal records not incorporated in the republished form of Law no. 290/2004 and which shall continue to apply as its own provisions:
"" Art. II. -This law transposes Council Decision 2005 /876/JHA of 21 November 2005 on the exchange of information extracted from the criminal record, published in the Official Journal of the European Union (JOUE) no. 322 322 of 9 December 2005. '
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