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European Committee on Crime Problems (Cdpc) Strasbourg, 25 October 2019 PC-OCMod(2019)05BIL [PC-OC/PC-OC Mod/Docs PC-OC Mod 2019/ PC-OC Mod (2019)05BIL] http://www.coe.int/tcj EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC) COMMITTEE OF EXPERTS ON THE OPERATION OF EUROPEAN CONVENTIONS ON CO-OPERATION IN CRIMINAL MATTERS (PC-OC) COMPILATION OF THE REPLIES TO THE QUESTIONNAIRE ON THE APPLICATION OF ARTICLES 13 AND 22 OF THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS *** COMITÉ EUROPÉEN POUR LES PROBLÈMES CRIMINELS (CDPC) COMITÉ D’EXPERTS SUR LE FONCTIONNEMENT DES CONVENTIONS EUROPÉENNES SUR LA COOPÉRATION DANS LE DOMAINE PÉNAL (PC-OC) COMPILATION DES RÉPONSES SUR L’APPLICATION DES ARTICLES 13 ET 22 DE LA CONVENTION EUROPÉENNE D’ENTRAIDE JUDICIAIRE EN MATIÈRE PÉNALE CONTENTS Introduction ......................................................................................................................... 3 1. AUSTRIA / AUTRICHE ..................................................................................................... 4 2. AZERBAIJAN / AZERBAÏDJAN ....................................................................................... 9 3. DENMARK / DANEMARK ...............................................................................................13 4. CROATIA / CROATIE ......................................................................................................17 5. FINLAND / FINLANDE .....................................................................................................21 6. FRANCE ..........................................................................................................................24 7. GEORGIA / GEORGIE .....................................................................................................33 8. GERMANY / ALLEMAGNE ..............................................................................................36 9. LATVIA / LETTONIE ........................................................................................................42 10. MONACO .......................................................................................................................45 11.NORWAY / NORVEGE ...................................................................................................49 12. NORTH MACEDONIA / MACEDOINE DU NORD ..........................................................53 13. POLAND /POLOGNE ....................................................................................................56 14. REPUBLIC OF KOREA / REPUBLIQUE DE COREE ....................................................59 15. RUSSIAN FEDERATION / FEDERATION DE RUSSIE .................................................63 16. SLOVAK REPUBLIC / REPUBLIQUE SLOVAQUE ......................................................66 17. SWITZERLAND / SUISSE .............................................................................................71 18. TURKEY / TURQUIE ......................................................................................................76 19. UKRAINE .......................................................................................................................79 20. UNITED KINGDOM / ROYAUME-UNI ............................................................................85 2 Introduction At the PC-OC’s 75th plenary meeting in November 2018, under the chairmanship of Mr Erik Verbert, it was agreed that there was a need to obtain further information concerning national practices in terms of application of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 (the “Convention”), in particular Article 13 relating to requests for extracts from judicial records and Article 22 relating to the transmission of notifications of convictions. Preliminary information European Union member states send one another notifications of convictions of their nationals and requests for extracts from judicial records through the European Criminal Records Information System (ECRIS). This questionnaire therefore only concerns the transmission of notifications of convictions and requests for extracts from judicial records outside ECRIS, under the Convention. Introduction A l’occasion de la 75e réunion plénière du PC-OC de novembre 2018, sous la présidence de M. Erik Verbert, il est apparu nécessaire d’obtenir davantage d’informations sur les pratiques nationales s’agissant de l’application de la Convention européenne d’entraide judiciaire en matière pénale du 20 avril 1959 (la « Convention »), et plus particulièrement de son article 13 relatif aux demandes d’extraits de casier judiciaire, et de son article 22 relatif à l’envoi d’avis de condamnation. Information préliminaire Les Etats-membres de l’Union européenne assurent, entre eux, la transmission des avis de condamnation de leurs ressortissants et les demandes d’obtention des bulletins des casiers judiciaires par le biais du système européen d’information des casiers judiciaires (ECRIS). Ce questionnaire ne concerne donc que les transmissions d’avis de condamnation et les demandes de bulletins en dehors d’ECRIS, dans le cadre de la Convention. 3 1. AUSTRIA / AUTRICHE 1. How do you interpret the notion of “judicial records”, as referred to in Articles 13 and 22 of the Convention in your jurisdiction? In Austria, the term „judicial records” as referred to in Articles 13 and 22 of the Convention is stipulated as “extract of the criminal record” in § 9 Criminal Records Act (“Strafregistergesetz”) and includes data according to § 2 para. 1 subpara. 1 to 6 Criminal Records Act (see answer to question 2). 2. Which data is contained in your national judicial records? Data according to § 2 para. 1 subpara. 1 to 6 Criminal Records Act means 1. all final sentences by domestic criminal courts, as well as decisions by foreign criminal courts taken on the basis of such convictions in the context of taking over monitoring or enforcement; 2. all final sentences of Austrian citizens and such persons who have their domicile or habitual residence in Austria, by foreign criminal courts as well as decisions by domestic criminal courts taken on the basis of such convictions in the context of taking over monitoring or enforcement; 3. all final sentences by foreign criminal courts, information about which contractual states of the International Treaty of 4 May 1910, Imperial Legal Gazette No. 116/1912 for Combating the Dissemination of Obscene Publications, of the International Convention for the Suppression of Counterfeiting Currency of 20 April 1929, Federal Legal Gazette. No. 347/1931, of the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs of 13 July 1931, Federal Legal Gazette No. 198/1934 II, and of International Convention for the Suppression of the Traffic in Women of the Full Age of 11 October 1933, Federal Legal Gazette No. 317/1936, have undertaken to mutually exchange; 4. all decisions by the Federal President or by domestic courts related to one of the sentences mentioned in subparagraphs 1 to 3 about a) subsequently fixing punishment; b) subsequently appointing a probation officer or cancelling probation services; c) pardoning a convicted person, alleviating, altering or reassessing a punishment; d) prolonging the probation term; e) revoking a conditional punishment or a conditional preventive measure involving deprivation of liberty; f) finally cancelling a punishment or a preventive measure involving deprivation of liberty; g) abstaining from executing a prison sentence; h) conditional release from a prison term, conditional release from a measure or from a preventive measure involving deprivation of liberty, because the danger against which the measure was taken, does not exist anymore (§ 24, paragraph 2 Criminal Code, § 157, paragraph 2 Correction Services Act); i) cancelling a conditional release from a prison sentence or the conditional release from a preventive measure; j) final release; k) cancelling or altering a judgment or a subsequent decision; l) finally abstaining from passing sentence; 4 m) deleting a conviction; n) preliminarily abstaining from executing a sentence (§ 133a, paragraph 1 and paragraph 2 Correction Services Act) and executing a residual sentence (§ 133a, paragraph 5 Correction Services Act); 5. all information relative to sentences mentioned in one of the subparagraphs 1 to 3, about when all prison sentences, fines (fines compensating forfeiture or as value replacement) and all preventive measures involving deprivation of liberty have been executed, are considered to be executed, have been abstained from, or must no longer be executed; 6. all decisions, dispositions and notifications by foreign authorities relative to convictions by foreign criminal courts included in the Criminal Record, which correspond to the resolutions, decisions and notifications mentioned in subparagraphs 4 and 5. The data provided in the national judicial records encompasses: Personal data: - Family name(s) - First name(s) - Former names/Alias - Date of birth - Place of birth - Nationality - Parents’ First Names - Place of Residence Conviction information: - Deciding Authority/Court - Conviction File Number - Decision Date - Decision Final Date - Offence Date - Content of the Decision (applicable legal provisions, national offence title, sanction) 3. What use is made of this data? According to § 9 Criminal Records Act this data can be submitted to authorities and organizations under certain circumstances. Apart from the cases provided for in other federal acts and in international
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