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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2386

Dated 22 February 2010 was signed the framework agreement of collaboration between the Ministry of Justice and the Ministry of the Interior for the Organization of the exchange of information, records and data bases.

Said agreement frame contemplates, as an of them modalities of this exchange of information, the connection between the database of signs national of the Ministry of the Interior, and them databases of the record Central of measures precautionary, title and sentences not firm and record Central for it protection of them victims of it violence domestic and of gender of the Ministry of Justice (denomination introduced by Real Decree 1611 / 2011) (, 14 November, amending Royal Decree 95/2009, of 6 February, which regulates the integrated system of administrative records in support of the administration of Justice), for the automatic update of the first.

Such information object of the referred Agreement frame, is scoring in the record Central for the protection of them victim of the violence domestic and of gender, through the transmission that performs the Secretary Judicial through procedures electronic, according to it willing in the Real Decree 95 / 2009, of 6 of February, by which is regulates the system integrated of records administrative of support to the administration of Justice.

In forecast of that them circumstances technical prevented this transmission telematics, by order JUS / 242 / 2009, of 10 of February, is approved them models of remission to the record Central for it protection of them victims of violence domestic of it information that must sign is in the same, and that have of be referred duly completed to the record Central in the term maximum of twenty-four hours from the firmness of the sentence or since is adopt the measure precautionary or no final judgment is made.

Putting into production of the Protocol for the exchange of information between the databases of the registry Central of precautionary measures, warrent and sentences not firm and Central Register for the protection of the victims of the violence of gender of the Ministry of Justice and the database of national signs of the Ministry of Interior, requires the adaptation of these models with the addition of certain data required to make effective the automatic exchange : police body which derives the crowded, this number and date of the requirement of compliance with the condemned, among others.

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

By virtue, I have: single article. Modification of 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 that must register in the same.

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 that must register therein, is hereby amended as follows: one. Is replaces the annex by the annex to of this order, under the header "annotation of procedures of violence domestic and of gender sentenced».

Two. Is replaces the Annex B by the Annex B of this order, under the header "note of initiation, reopening and cancellation of procedures criminal of violence domestic and of gender.» «Annotation and cancellation of measures ".

Sole final provision.

This order shall enter into force the day following its publication in the "Official Gazette".

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

REGISTRATION CENTRAL FOR THE PROTECTION OF THEM VICTIMS OF THE VIOLENCE DOMESTIC and OF GENDER: ANNEX to INSTRUCTIONS FOR THE COMPLETION OF THE MODEL SENTENCED * data of filling compulsory. In the case of be more than one them condemned or victims existing in the procedure, is must complete as many leaves as are necessary.

(1) this model should be sent preferably by fax to them following numbers: 91 559 21 72, 91 559 25 36 or by mail certified to the following address: registration Central for the protection of them victims of the violence domestic and of Genero-ministerio of Justice.

Calle San Bernardo No. 19, 28071 Madrid.

(2) the number of General identification of the procedure. The assigned shall be indicated by existing in the Instructor court litigation management system.

(3) registration where applicable (according to the application drop-down field): trial of faults, immediate fault trial, pre-trial, abbreviated procedure, urgent proceedings, ordinary quick, summary trial law of the Court of the jury and obscure proceedings.

(4) indicate each of crimes or misdemeanours committed in the field of domestic violence and gender, between persons related in the article 173.2 CP.

(5) date of resolution that declares firm judgment.

(6) indicate one of the types of identification documents (popup) and your number, or if their undocumented status.

(7) in case of knowing more than one, must be complete indication thereof.

(8) where the procedure has been more than one defendant or victim, indicate the relationship between reported-s and victima-s. And must indicate in any case if there is or not living together.

(9) to fill each crime or missing object of condemnation, using how many copies are needed.

(10) to fill each kind of sentence, by filling in the corresponding section for each that has been agreed. Use this how many copies are needed.

(11) fill only in case of being known at the time of the form. Otherwise a new form must be completed as soon as they had knowledge thereof, indicating the data back knowledge and those referred to data from the procedure.

(12) in the case of producing a change in prison must be notified in the manner provided in the previous number (11).

(13) in case of being different «run», indicate where applicable (according to the application drop-down): suspended.

Suspendida-revocada.

Replaced.

Sustituida-revocada.

Accomplished.

Prescription.

File by death.

Cancelled.

Absolution.

Remission.

Revoked.

(14) indicate is the date of the resolution judicial that remember the State of the penalty.

(15) point is the term agreed to the suspension or replacement.

(16) indicate is the date of the resolution legal according the revocation.

REGISTRATION CENTRAL FOR THE PROTECTION OF THEM VICTIMS OF THE VIOLENCE DOMESTIC and OF GENDER: ANNEX B INSTRUCTIONS FOR THE COMPLETION OF THE MODEL OF PROCEDURE IN PROCESSING * data of filling compulsory.

In the case of be more than one them denounced or accused or victims is must fill so many leaves as are necessary. The fields relating to order of protection / measures precautionary will be completed in those procedures in which had been agreed; in these so-called them fields of: «measure and features» and «date, home and compliance» shall be of mandatory filling.

The field «crime / missing object of the procedure» is completed in the time of communicate the initiation of the same.

(1) this model should be sent preferably by fax to them following numbers: 91 559 21, 72 91 5592536 or by mail certified to the following address: registration Central for the protection of them victims of the violence domestic and of Genero-ministerio of Justice.

Calle San Bernardo, no. 19, 28071 Madrid.

(2) number of identification General of the procedure. Must indicate is the assigned by the system of management procedure existing in the judged Instructor.

(3) register is what appropriate: trial of fouls, trial of faults immediately, proceedings previous, procedure abbreviated, proceedings urgent, trial fast, summary ordinary, law of the Court of the jury and proceedings indeterminate.

(4) indicate it in the moment of initiation of the procedure.

(5) completion mandatory for the organ judicial receiver in them cases in that the procedure derive of an inhibition or accumulation, specifying is if is is of one or other so-called procedural.

(6) indicate is one of those types of documents identifying and your number, or in your case the condition of «undocumented».

(7) in case of know is more than one, should do is indication full of the same.

(8) if in the procedure is any registered more than one reported or victim, is will indicate the relationship existing between denounced-s and victima-s. And must indicate in any case if there is or not coexistence.

(9) will indicate if an order of protection has been requested and if it has been granted. Measures must also be entered prudential have been able to be issued outside of the protective order.

(10) indicate where applicable (according to the application drop-down field): attribution use and enjoyment of the family home: enter the address of the family home and who is credited.

Regime of custody: indicate the name of child and age, and the person which is attributed.

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

System of communication with the children: indicate the name and age of the children, the timing and means.


Regime of stay: indicate the name and age of the children, the person who is attributed, periodicity and place of stay.

Regime of provision of food: indicate the forced, the beneficiaries, periodicity and the amount of them themselves.

Patria suspension authority.

Suspension regime of visits.

Other measures of article 158 Civil Code: indicate the exact content of the measure.

Other provisions for the protection of minors: indicate the exact content of the measure.

(11) it should be completed and communicated to the RCPVD at the moment that in cars including the date of cancellation. For this is must fill a new printed indicating said end and them referred to data from the procedure.

(12) indicate the medida-s and caracteristica-s to proceed-n (depending on drop-down field of the application): provisional prison: indicate with bail or without bail, and the penitentiary.

Freedom provisional: indicate with bail or without bail or, in its case, condition to which could be attached.

Seizure of weapons or other instruments dangerous: indicate them weapons and others instruments hazardous.

Prohibition to reside in a particular place: indicate the place, district, municipality, province or other local entity, or autonomous community.

Prohibition on attending certain places: indicate place, district, municipality, province or other local entity or autonomous community.

Ban's approach is to certain people: indicate the people and distances.

Prohibition of communicating is with certain people: indicate the people and media.

Other measures of criminal: indicate the content of the measure.

Use of technological instruments for verification of proximity.

Output domicile of coexistence and prohibition of return: indicate place, district, municipality, province or other entity local, or community autonomous.

Minors: detention in centre of appropriate regime.

Children: liberty watched.

Minor: coexistence with other people, family or group education.