Advanced Search

Royal Decree 1176 / 1992 Of October 2, The Hispano-Luso - American Regulates The Register Of Convictions By Illicit Traffic In Narcotic Drugs And Psychotropic Substances, Issued By The Courts Of The Countries.

Original Language Title: Real Decreto 1176/1992, de 2 de octubre, por el que se regula el registro de condenas por tráfico ilícito de estupefacientes y sustancias sicotrópicas, dictadas por los Tribunales de los países hispano-luso-americanos.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The 7th Conference of Ministers of Justice of the Hispanic-American-American Countries entrusted the Spanish Government with the establishment of a Central Register of convictions handed down by the Courts of States Parties for crimes The Committee on the Rules of the Rules of the European Parliament and the Council of the European Parliament, of the Council of the European Parliament, of the European Parliament and of the Council of the European Parliament, of the European Parliament, of the Council of the European Parliament Convention on the Communication of Criminal Records and Information on Criminal Convictions for Illicit Traffic in Narcotic Drugs and Psychotropic Substances, made in Lisbon on 12 October 1984, and in which Spain is a party.

This Royal Decree is not configured as a development of the said Convention, but as a new instrument of centralization of the information available, so that the bilateral relations that come within the framework of that continue to be fully independent of the provisions of this rule.

In its virtue, on the proposal of the Minister of Justice, after deliberation by the Council of Ministers at its meeting on 2 October 1992,

DISPONGO:

Article 1.

The Central Register of Penados and Rebels will be entered in the Central Register of Penados and Rebels for crimes of illicit trafficking in narcotic drugs and psychotropic substances pronounced by the Courts of the States Parties in the Conference of Ministers of Justice of the Hispanic Countries-Luso-Americans to be referred in a standardized penal note.

Article 2.

The application for registration of a conviction shall contain the following entries:

a) Organ instructor and sentencing.

b) Procedure class, cause number, sentencing date, date of firmness, and recidivism, if any.

c) Identification elements of the convict.

d) Delito for which he has been convicted and applied criminal law.

e) Nature and duration of the penalty.

Article 3.

the request for a background certificate must contain the following entries:

a) Authority that formulates the request.

b) The object and reason for the request.

c) Identity as complete as possible and nationality of the person concerned.

d) Crime imputed and legal precepts infringed.

If, for the data provided in the application, it appears that the process in which it is to produce effects is not as provided for in Article 1, additional information may be requested from the requesting State, which shall be refused, motivated, if it were a different process. A refusal shall also be reasoned if one of the above mentioned is missing.

Article 4.

Applications for registration of a conviction and a background certificate shall be extended in standard documents and shall be submitted and returned through the Ministries of Justice or specifically designated competent bodies. for each Party.

Article 5.

The Registry shall issue certifications at the request of the judicial and public ministries, agreed upon in a specific process or proceedings for the illicit trafficking of narcotic drugs and psychotropic substances and in which the person to whom the application relates is charged, processed or charged, stating, in each case, whether the antecedents are cancelled.

Certificates may also be issued at the request of the data subject.

Article 6.

Semestrally will be referred to the Ministries of Justice or competent organs of each Party a relation of the inscriptions relative to their nationals, caused in the previous year. This does not preclude immediate communications, on a case by case basis, which are provided for in international treaties or other international instruments.

Article 7.

The cancellation of antecedents may only be done at the express request of the Party in which the judgment was delivered. If the person concerned directly requests the cancellation to the Register, the application shall be forwarded to that Party.

Article 8.

Registrations and certifications will be extended in Spanish or Portuguese. The translation of applications for registration or certification shall not be required to be sent to the Registry, with all documents being legalised or analogous.

The performances of the Register will be free, except in the case provided for in the second paragraph of article 5 of this Royal Decree.

Final disposition first.

The Minister of Justice will approve the standard documents in which the application for registration of a conviction and a certificate of background will be extended.

Final disposition second.

The Minister of Justice is empowered to dictate how many provisions are necessary for the development and implementation of this Royal Decree.

Final disposition third.

This Royal Decree will enter into force six months after its publication in the Official Journal of the State.

Given in Madrid to October 2, 1992.

JOHN CARLOS R.

The Minister of Justice,

TOMAS DE LA QUADRA-SALCEDO AND FERNANDEZ DEL CASTILLO