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Order Jus/375/2015, Of 26 February, That Amending The Order Jus/242/2009, Of 10 February, Which Approve The Models Of Referral To The Central Registry For The Protection Of Victims Of Domestic Violence Of Information Q...

Original Language Title: Orden JUS/375/2015, de 26 de febrero, por la que se modifica la Orden JUS/242/2009, de 10 de febrero, por la que se aprueban los modelos de remisión al Registro Central para la Protección de las Víctimas de Violencia Doméstica de la información q...

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TEXT

On 22 February 2010, the Framework Agreement for collaboration between the Ministry of Justice and the Ministry of the Interior was signed for the organization of the exchange of information on records and databases.

This Framework Agreement provides, as one of the modalities for this exchange of information, the connection between the National Indications Database of the Ministry of the Interior, and the databases of the Central Register of Precautionary Measures, Non-Firmes and Central Register for the Protection of Victims of Domestic Violence and Gender of the Ministry of Justice (name introduced by Royal Decree 1611/2011 of 14 November 2011). The amendment of Royal Decree 95/2009 of 6 February, which regulates the integrated system of administrative records of support to the Administration of Justice), for the automatic updating of the first one.

This information is recorded in the Central Register for the Protection of the Victims of Domestic and Gender Violence, through the transmission of the Judicial Secretary through the electronic procedures, in accordance with the provisions of Royal Decree 95/2009 of 6 February 2009 governing the integrated system of administrative records in support of the Administration of Justice.

In anticipation of the technical circumstances preventing this telematic transmission, by Order JUS/242/2009 of 10 February, the models for referral to the Central Register for the Protection of Victims of Violence were approved. Domestic of the information to be entered in the same, and which must be duly completed to the Central Register within the maximum period of twenty-four hours from the firmness of the judgment or since the precautionary measure has been adopted dicte non-firm statement.

The production of the protocol for the exchange of information between the databases of the Central Register of Precautionary Measures, Requirements and Non-Firmes Sentences and Central Register for the Protection of Victims of the Gender-based violence by the Ministry of Justice and the National Pointing Database of the Ministry of the Interior, requires the adaptation of these models with the incorporation of certain data necessary for the automatic exchange to result cash: police body of which the atado, number of this and date of effects of the requirement of compliance with the sentenced person, among others.

Thus, the aforementioned Royal Decree 95/2009 authorizes the Minister of Justice to dictate how many provisions are necessary for the development of this rule, and in particular for the approval of these models.

In its virtue, I have:

Single item. Amendment of Order JUS/242/2009 of 10 February, approving the models for referral to the Central Register for the Protection of Victims of Domestic Violence from the information to be registered in the same.

Order JUS/242/2009 of 10 February, approving the models for reference to the Central Register for the Protection of Victims of Domestic Violence from the information to be entered in it, is amended as follows:

One. Annex A is replaced by Annex A of this order under the heading 'Annotation of domestic and gender-based violence proceedings'.

Two. Annex B is replaced by Annex B of this order under the heading ' Note for the opening, reopening and cancellation of criminal proceedings for domestic and gender-based violence. Annotation and cancellation of measures ".

Single end disposition.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, February 26, 2015. -Minister of Justice Rafael Catala Polo.

CENTRAL REGISTRY FOR THE PROTECTION OF VICTIMS OF DOMESTIC AND GENDER VIOLENCE: ANNEX A

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INSTRUCTIONS FOR COMPLETING THE SENTENCED MODEL

* Required fulfillment data. In the case of being more than one of the convicts or victims in the procedure, as many sheets as necessary must be completed.

(1) This model should preferably be sent by fax to the following numbers: 91 559 21 72, 91 559 25 36 or by registered post at the following address:

Central Register for the Protection of Victims of Domestic Violence and General-Ministry of Justice.

Calle San Bernardo n. º 19, 28071 Madrid.

(2) General Identification Number of the procedure. The assigned by the existing procedural management system in the Instructor Court shall be indicated.

(3) Register as appropriate (according to the application's drop-down field): trial of faults, trial of immediate faults, previous proceedings, abbreviated procedure, urgent proceedings, quick judgment, ordinary summary, law of the jury tribunal and indeterminate proceedings.

(4) Indicate each of the crimes or faults committed in the field of domestic and gender violence, among the persons listed in Article 173.2 of the CP.

(5) The date of the resolution declaring the statement to be signed.

(6) Indicate one of the types of identifying documents (drop-down field) and their number, or if any, their undocumented status.

(7) If more than one is known, full indication of the same must be given.

(8) If more than one report or victim has been registered in the proceedings, the relationship between the accused and the victim will be indicated. In any case, it must indicate whether or not there is coexistence.

(9) Fill in for each offense or lack of condemnation, using as many copies as necessary.

(10) Fill in for each class of penalty imposed, completing the corresponding paragraph for each of the agreed penalties. Use as many copies as necessary.

(11) Fill only in case of being known at the time of the printing. If this is not the case, a new form must be completed as soon as it is known, indicating the new knowledge and the data relating to the procedure.

(12) In the event of a change of the Penitentiary Centre, it must be reported in the form provided for in the previous number (11).

(13) If it is different from "running", indicate what is applicable (depending on the application's drop-down):

Suspended.

Suspended-Revoked.

Replaced.

Replaced-revoked.

Fulfilled.

Prescription.

File by death.

Cancelled.

Acquittal.

Remission.

Revoked.

(14) Indicate the date of the court resolution that agrees to the state of the sentence.

(15) Point out the agreed deadline for suspension or replacement.

(16) Indicate the date of the court settlement by agreeing to revoke.

CENTRAL REGISTRY FOR THE PROTECTION OF VICTIMS OF DOMESTIC AND GENDER VIOLENCE: ANNEX B

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INSTRUCTIONS FOR COMPLETING THE PROCEDURE MODEL IN FULFILLMENT

* Required fulfillment data.

In the case of being more than one the reported or accused or victims must be filled with as many sheets as necessary. The fields relating to Order of Protection/Precautionary Measures will be completed in those procedures in which they would have been agreed; in these cases the fields of: "Measure and Characteristics" and "Date, Start and Compliance" will be mandatory fulfillment.

The "Delete/Missing Object of Procedure" field will be completed at the time the opening of the procedure is reported.

(1) This model should preferably be sent by fax to the following numbers: 91 559 21, 72 91 5592536 or by registered post at the following address:

Central Register for the Protection of Victims of Domestic Violence and General-Ministry of Justice.

Calle San Bernardo, n. º 19, 28071 Madrid.

(2) General Identification Number of the procedure. The assigned by the existing procedural management system in the Instructor Court shall be indicated.

(3) Register as appropriate: trial of misconduct, trial of immediate misconduct, prior proceedings, abbreviated procedure, urgent proceedings, quick judgment, ordinary summary, jury law and proceedings indeterminate.

(4) Please indicate at the time of opening the procedure.

(5) Compulsory enforcement for the receiving judicial body in cases where the procedure derives from an inhibition or accumulation, specifying whether it is one or another alleged procedural.

(6) Indicate one of the types of identification documents and their number, or the condition of "Undocumented".

(7) If more than one is known, full indication of the same must be given.

(8) If more than one report or victim has been registered in the proceedings, the relationship between the accused and the victim will be indicated. In any case, it must indicate whether or not there is coexistence.

(9) It will be indicated if a protection order has been requested and if it has been granted. The precautionary measures that may have been ordered out of the protection order shall also be recorded.

(10) Indicate as appropriate (according to the application's drop-down field):

Attribution and enjoyment of family housing: Indicate the direction of family housing and who is attributed to it.

Custody regime: Indicate the name of children and age, and the person to whom it is attributed.

Visitation regime: Indicate the name and age of children, periodicity, and place.

Communication with children: Indicate the name and age of children, periodicity and means.

Stay Regime: Indicate the name and age of the children, the person to whom they are attributed, periodicity and place of stay.

Food Delivery Scheme: Indicating the obligation, the beneficiaries, the periodicity and the amount thereof.

suspension Patria Power.

Suspension of Visits.

Other Measures of Article 158 Civil Code: Indicating the exact content of the measure.

Other provisions for child protection: Indicate the exact content of the measure.

(11) It must be completed and communicated to the RCPVD at the moment when the cancellation date is recorded in cars. For this purpose, a new form must be filled, indicating the end and the data relating to the procedure.

(12) Indicate the measure-s and feature-s that proceed-n (according to the application's drop-down field):

Interim Prison: Indicated with bail or no bond, and the prison facility.

Provisional Freedom: Indicate with bail or no bond or, if applicable, condition to which you may be subject.

Seizure of weapons or other dangerous instruments: Indicating weapons and other dangerous instruments.

Prohibition of residing in a given place: Indicate the place, neighborhood, municipality, province or other local entity, or autonomous community.

Ban on going to certain places: Indicate place, neighborhood, municipality, province or other local entity, or autonomous community.

Ban on approaching certain people: Indicating people and distances.

Ban on communicating with certain people: Indicating people and media.

Other Criminal Order Measures: Indicate the content of the measure.

Use of proximity verification technology instruments.

Home to live and ban from returning: Indicate place, neighborhood, municipality, province or other local entity, or autonomous community.

Minors: Interment in appropriate regime center.

Minors: probation.

Minors: co-living with other people, family, or educational group.