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Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA

OJ L 93, 7.4.2009, p. 33–48 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Special edition in Croatian: Chapter 18 Volume 002 P. 199 - 214

ELI: http://data.europa.eu/eli/dec/2009/316/oj
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Dates
  • Date of document: 06/04/2009
  • Date of effect: 07/04/2009; Takes effect Date pub. See Art 9
  • Date of transposition: 27/04/2012
  • Date of end of validity: 31/12/9999
Miscellaneous information
  • Author: Council of the European Union
  • Form: Decision
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Text

7.4.2009   

EN

Official Journal of the European Union

L 93/33


COUNCIL DECISION 2009/316/JHA

of 6 April 2009

on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,

Having regard to the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (1), and in particular Article 11(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety in the area of freedom, security and justice. This objective presupposes the systematic exchange between the competent authorities of the Member States of information extracted from criminal records in a way that would guarantee its common understanding and the efficiency of such exchange.

(2)

Information on convictions handed down against Member States' nationals by other Member States does not circulate efficiently on the current basis of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. Therefore, there is a need for more efficient and accessible procedures of exchange of such information at European Union level.

(3)

The need to improve the exchange of information on convictions was prioritised in the European Council Declaration on Combating Terrorism of 25 and 26 March 2004 and was subsequently reiterated in the Hague Programme (3) and in the Action Plan (4) on its implementation. Furthermore, the computerised interconnection of criminal records at European Union level was recognised as a political priority by the European Council in its Conclusions of 21 and 22 June 2007.

(4)

The computerised interconnection of criminal records is part of the E-Justice project, which was acknowledged as a priority by the European Council several times in 2007.

(5)

A pilot project is currently being developed with a view to interconnecting criminal records. Its achievements constitute a valuable basis for further work on computerised exchange of information at the European Union level.

(6)

This Decision aims to implement Framework Decision 2009/315/JHA in order to build and develop a computerised system of exchange of information on convictions between Member States. Such a system should be capable of communicating information on convictions in a form which is easily understandable. Therefore, a standardised format allowing information to be exchanged in a uniform, electronic and easily computer-translatable way as well as any other means of organising and facilitating electronic exchanges of information on convictions between central authorities of Member States should be set up.

(7)

This Decision is based on the principles established by Framework Decision 2009/315/JHA and applies and supplements those principles from a technical standpoint.

(8)

The categories of data to be entered into the system, the purposes for which the data is to be entered, the criteria for its entry, the authorities permitted to access the data, and some specific rules on protection of personal data are defined in the Framework Decision 2009/315/JHA.

(9)

Neither this Decision nor Framework Decision 2009/315/JHA establishes any obligation to exchange information about non-criminal rulings.

(10)

Since the objective of this Decision is not to harmonise national systems of criminal records there is no obligation for a convicting Member State to change its internal system of criminal records as regards the use of information for domestic purposes.

(11)

The European Criminal Records System (ECRIS) is a decentralised information technology system. The criminal records data should be stored solely in databases operated by Member States, and there should be no direct online access to criminal records databases of other Member States. Member States should bear the responsibility for the operation of national criminal records databases and for the efficient exchanges of information between themselves. The common communication infrastructure of ECRIS should be initially the Trans European Services for Telematics between Administrations (S-TESTA) network. All expenditure concerning the common communication infrastructure should be covered by the general budget of the European Union.

(12)

The reference tables of categories of offences and categories of penalties and measures provided for in this Decision should facilitate the automatic translation and should enable the mutual understanding of the information transmitted by using a system of codes. The content of the tables is the result of the analysis of the needs of all 27 Member States. That analysis took into account the pilot project categorisation and the results of the clustering exercise of various national offences and penalties and measures. Moreover, in case of the table of offences, it also took into consideration the existing harmonised common definitions on the European and international level as well as the Eurojust and Europol data models.

(13)

In order to ensure the mutual understanding and transparency of the common categorisation, each Member State should submit the list of national offences and penalties and measures falling in each category referred to in the respective table. Member States may provide a description of offences and penalties and measures and, given the usefulness of such description, they should be encouraged to do so. Such information should be made accessible to Member States.

(14)

The reference tables of categories of offences and categories of penalties and measures provided for in this Decision are not designed to set up legal equivalences between offences and penalties and measures existing at national level. They are a tool aimed at helping the recipient to gain better understanding of the fact(s) and type of penalty(ies) or measure(s) contained in the information transmitted. The accuracy of the codes mentioned cannot be fully guaranteed by the Member State supplying the information and it should not preclude the competent authorities in the receiving Member State from interpreting the information.

(15)

The reference tables of categories of offences and categories of penalties and measures should be revised and updated in accordance with the procedure for the adoption of implementing measures for decisions provided for in the Treaty on European Union.

(16)

Members States and the Commission should inform and consult one another within the Council in accordance with the modalities set out in the Treaty on European Union, with a view to drawing up a non-binding manual for practitioners which should address the procedures governing the exchange of information, in particular modalities of identification of offenders, common understanding of the categories of offences and penalties and measures, and explanation of problematic national offences and penalties and measures, and ensuring the coordination necessary for the development and operation of ECRIS.

(17)

In order to accelerate the development of ECRIS, the Commission should adopt a number of technical measures to assist Member States in preparing the technical infrastructure for interconnecting their criminal records databases. The Commission may provide reference implementation software, namely appropriate software enabling Member States to make this interconnection, which they may choose to apply instead of their own interconnection software implementing a common set of protocols enabling the exchange of information between criminal records databases.

(18)

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (5) should apply in the context of computerised exchange of information extracted from criminal records of Member States, providing for an adequate level of data protection when information is exchanged between Member States, whilst allowing for Member States to require higher standards of protection to national data processing.

(19)

Since the objective of this Decision, namely the development of a computerised system for the exchange of information on convictions between Member States, cannot be adequately achieved by the Member States unilaterally, and can therefore, by reason of the necessity for coordinated action in the European Union, be better achieved at the level of the European Union, the Council may adopt measures, in accordance with the principle of subsidiarity referred to in Article 2 of the Treaty on European Union and set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve that objective.

(20)

This Decision respects fundamental rights and observes the principles recognised in particular by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

This Decision establishes the European Criminal Records Information System (ECRIS).

This Decision also establishes the elements of a standardised format for the electronic exchange of information extracted from criminal records between the Member States, in particular as regards information on the offence giving rise to the conviction and information on the content of the conviction, as well as other general and technical implementation means related to organising and facilitating the exchange of information.

Article 2

Definitions

For the purposes of this Decision, the definitions laid down in Framework Decision 2009/315/JHA shall apply.

Article 3

European Criminal Records Information System (ECRIS)

1.   ECRIS is a decentralised information technology system based on the criminal records databases in each Member State. It is composed of the following elements:

(a)

an interconnection software built in compliance with a common set of protocols enabling the exchange of information between Member States' criminal records databases;

(b)

a common communication infrastructure that provides an encrypted network.

2.   This Decision is not aimed at establishing any centralised criminal records database. All criminal records data shall be stored solely in databases operated by the Member States.

3.   Central authorities of the Member States referred to in Article 3 of Framework Decision 2009/315/JHA shall not have direct online access to criminal records databases of other Member States. The best available techniques identified together by Member States with the support of the Commission shall be employed to ensure the confidentiality and integrity of criminal records information transmitted to other Member States.

4.   The interconnection software and databases storing, sending and receiving information extracted from criminal records shall operate under the responsibility of the Member State concerned.

5.   The common communication infrastructure shall be the S-TESTA communications network. Any further developments thereof or any alternative secure network shall ensure that the common communication infrastructure in place continues to meet the conditions set out in paragraph 6.

6.   The common communication infrastructure shall be operated under the responsibility of the Commission, and shall fulfil the security requirements and thoroughly respond to the needs of ECRIS.

7.   In order to ensure the efficient operation of ECRIS, the Commission shall provide general support and technical assistance, including the collection and drawing up of statistics referred to in Article 6(2)(b)(i) and the reference implementation software.

8.   Notwithstanding the possibility of using the European Union financial programmes in accordance with the applicable rules, each Member State shall bear its own costs arising from the implementation, administration, use and maintenance of its criminal records database and the interconnection software referred to in paragraph 1.

The Commission shall bear the costs arising from the implementation, administration, use, maintenance and future developments of the common communication infrastructure of ECRIS, as well as the implementation and future developments of the reference implementation software.

Article 4

Format of transmission of information

1.   When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the name or legal classification of the offence and to the applicable legal provisions, Member States shall refer to the corresponding code for each of the offences referred to in the transmission, as provided for in the table of offences in Annex A. By way of exception, where the offence does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of offences or, in the absence of the latter, an ‘other offences’ code, shall be used for that particular offence.

Member States may also provide available information relating to the level of completion and the level of participation in the offence and, where applicable, to the existence of total or partial exemption from criminal responsibility or to recidivism.

2.   When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the contents of the conviction, notably the sentence as well as any supplementary penalties, security measures and subsequent decisions modifying the enforcement of the sentence, Member States shall refer to the corresponding code for each of the penalties and measures referred to in the transmission, as provided for in the table of penalties and measures in Annex B. By way of exception, where the penalty or measure does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of penalties and measures or, in the absence of the latter, an ‘other penalties and measures’ code, shall be used for that particular penalty or measure.

Member States shall also provide, where applicable, available information relating to the nature and/or conditions of execution of the penalty or measure imposed as provided for in the parameters of Annex B. The parameter ‘non-criminal ruling’ shall be indicated only in cases where information on such a ruling is provided on a voluntary basis by the Member State of nationality of the person concerned, when replying to a request for information on convictions.

Article 5

Information on national offences and penalties and measures

1.   The following information shall be provided by the Member States to the General Secretariat of the Council, with a view in particular to drawing up the non-binding manual for practitioners referred to in Article 6(2)(a):

(a)

the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provisions. It may also include a short description of the constitutive elements of the offence;

(b)

the list of types of sentences, possible supplementary penalties and security measures and possible subsequent decisions modifying the enforcement of the sentence as defined in national law, in each of the categories referred to in the table of penalties and measures in Annex B. It may also include a short description of the specific penalty or measure.

2.   The lists and descriptions referred to in paragraph 1 shall be regularly updated by Member States. Updated information shall be sent to the General Secretariat of the Council.

3.   The General Secretariat of the Council shall communicate to the Member States and to the Commission the information received pursuant to this Article.

Article 6

Implementing measures

1.   The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt any modifications of Annexes A and B as may be necessary.

2.   The representatives of the relevant departments of the administrations of the Member States and the Commission shall inform and consult one another within the Council with a view to:

(a)

drawing up a non-binding manual for practitioners setting out the procedure for the exchange of information through ECRIS, addressing in particular the modalities of identification of offenders, as well as recording the common understanding of the categories of offences and penalties and measures listed respectively in Annexes A and B;

(b)

coordinating their action for the development and operation of ECRIS, concerning in particular:

(i)

the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;

(ii)

the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;

(iii)

the establishment of procedures verifying the conformity of the national software applications with the technical specifications.

Article 7

Report

The Commission services shall regularly publish a report concerning the exchange, through ECRIS, of information extracted from the criminal record based in particular on the statistics referred to in Article 6(2)(b)(i). This report shall be published for the first time one year after submitting the report referred to in Article 13(3) of Framework Decision 2009/315/JHA.

Article 8

Implementation and time limits

1.   Member States shall take the necessary measures to comply with the provisions of this Decision by 7 April 2012.

2.   Member States shall use the format specified in Article 4 and comply with the means of organising and facilitating exchanges of information laid down in this Decision from the date notified in accordance with Article 11(6) of Framework Decision 2009/315/JHA.

Article 9

Taking of effect

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Luxembourg, 6 April 2009.

For the Council

The President

J. POSPÍŠIL


(1)  See page 23 of this Official Journal.

(2)  Opinion delivered on 9 October 2008 (not yet published in the Official Journal).

(3)  OJ C 53, 3.3.2005, p. 1.

(4)  OJ C 198, 12.8.2005, p. 1.

(5)  OJ L 350, 30.12.2008, p. 60.


ANNEX A

Common table of offences categories referred to in Article 4

Parameters

Level of completion:

Completed act

C

Attempt or preparation

A

Non-transmitted element

Ø

Level of participation:

Perpetrator

M

Aider and abettor or instigator/organiser, conspirator

H

Non-transmitted element

Ø

Exemption from criminal responsibility:

Insanity or diminished responsibility

S

Recidivism

R


Code

Categories and sub-categories of offences

0100 00

open category

Crimes within the jurisdiction of the International Criminal Court

0101 00

Genocide

0102 00

Crimes against humanity

0103 00

War crimes

0200 00

open category

Participation in a criminal organisation

0201 00

Directing a criminal organisation

0202 00

Knowingly taking part in the criminal activities of a criminal organisation

0203 00

Knowingly taking part in the non-criminal activities of a criminal organisation

0300 00

open category

Terrorism

0301 00

Directing a terrorist group

0302 00

Knowingly participating in the activities of a terrorist group

0303 00

Financing of terrorism

0304 00

Public provocation to commit a terrorist offence

0305 00

Recruitment or training for terrorism

0400 00

open category

Trafficking in human beings

0401 00

Trafficking in human beings for the purposes of labour or services exploitation

0402 00

Trafficking in human beings for the purposes of the exploitation of the prostitution of others or other forms of sexual exploitation

0403 00

Trafficking in human beings for the purposes of organ or human tissue removal

0404 00

Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude

0405 00

Trafficking in human beings for the purposes of labour or services exploitation of a minor

0406 00

Trafficking in human beings for the purposes of the exploitation of the prostitution of minors or other forms of their sexual exploitation

0407 00

Trafficking in human beings for the purposes of organ or human tissue removal of a minor

0408 00

Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude of a minor

0500 00

open category

Illicit trafficking (1) and other offences related to weapons, firearms, their parts and components, ammunition and explosives

0501 00

Illicit manufacturing of weapons, firearms, their parts and components, ammunition and explosives

0502 00

Illicit trafficking of weapons, firearms, their parts and components ammunition and explosives at national level (2)

0503 00

Illicit exportation or importation of weapons, firearms, their parts and components, ammunition and explosives

0504 00

Unauthorised possession or use of weapons, firearms, their parts and components, ammunition and explosives

0600 00

open category

Environmental crime

0601 00

Destroying or damaging protected fauna and flora species

0602 00

Unlawful discharges of polluting substances or ionising radiation into air, soil or water

0603 00

Offences related to waste, including hazardous waste

0604 00

Offences related to illicit trafficking (1) in protected fauna and flora species or parts thereof

0605 00

Unintentional environmental offences

0700 00

open category

Offences related to drugs or precursors, and other offences against public health

0701 00

Offences related to illicit trafficking (3) in narcotic drugs, psychotropic substances and precursors not exclusively for own personal consumption

0702 00

Illicit consumption of drugs and their acquisition, possession, manufacture or production exclusively for own personal consumption

0703 00

Aiding or inciting others to use narcotic drugs or psychotropic substances illicitly

0704 00

Manufacture or production of narcotic drugs not exclusively for personal consumption

0800 00

open category

Crimes against the person

0801 00

Intentional killing

0802 00

Aggravated cases of intentional killing (4)

0803 00

Unintentional killing

0804 00

Intentional killing of a new-born by his/her mother

0805 00

Illegal abortion

0806 00

Illegal euthanasia

0807 00

Offences related to committing suicide

0808 00

Violence causing death

0809 00

Causing grievous bodily injury, disfigurement or permanent disability

0810 00

Unintentionally causing grievous bodily injury, disfigurement or permanent disability

0811 00

Causing minor bodily injury

0812 00

Unintentionally causing minor bodily injury

0813 00

Exposing to danger of loss of life or grievous bodily injury

0814 00

Torture

0815 00

Failure to offer aid or assistance

0816 00

Offences related to organ or tissue removal without authorisation or consent

0817 00

Offences related to illicit trafficking (3) in human organs and tissue

0818 00

Domestic violence or threat

0900 00

open category

Offences against personal liberty, dignity and other protected interests, including racism and xenophobia

0901 00

Kidnapping, kidnapping for ransom, illegal restraint

0902 00

Unlawful arrest or deprivation of liberty by public authority

0903 00

Hostage-taking

0904 00

Unlawful seizure of an aircraft or ship

0905 00

Insults, slander, defamation, contempt

0906 00

Threats

0907 00

Duress, pressure, stalking, harassment or aggression of a psychological or emotional nature

0908 00

Extortion

0909 00

Aggravated extortion

0910 00

Illegal entry into private property

0911 00

Invasion of privacy other than illegal entry into private property

0912 00

Offences against protection of personal data

0913 00

Illegal interception of data or communication

0914 00

Discrimination on grounds of gender, race, sexual orientation, religion or ethnic origin

0915 00

Public incitement to racial discrimination

0916 00

Public incitement to racial hatred

0917 00

Blackmail

1000 00

open category

Sexual offences

1001 00

Rape

1002 00

Aggravated rape (5) other than rape of a minor

1003 00

Sexual assault

1004 00

Procuring for prostitution or sexual act

1005 00

Indecent exposure

1006 00

Sexual harassment

1007 00

Soliciting by a prostitute

1008 00

Sexual exploitation of children

1009 00

Offences related to child pornography or indecent images of minors

1010 00

Rape of a minor

1011 00

Sexual assault of a minor

1100 00

open category

Offences against family law

1101 00

Illicit sexual relations between close family members

1102 00

Polygamy

1103 00

Evading the alimony or maintenance obligation

1104 00

Neglect or desertion of a minor or a disabled person

1105 00

Failure to comply with an order to produce a minor or removal of a minor

1200 00

open category

Offences against the State, public order, course of justice or public officials

1201 00

Espionage

1202 00

High treason

1203 00

Offences related to elections and referendum

1204 00

Attempt against life or health of the Head of State

1205 00

Insult of the State, Nation or State symbols

1206 00

Insult or resistance to a representative of public authority

1207 00

Extortion, duress, pressure towards a representative of public authority

1208 00

Assault or threat on a representative of public authority

1209 00

Public order offences, breach of the public peace

1210 00

Violence during sports events

1211 00

Theft of public or administrative documents

1212 00

Obstructing or perverting the course of justice, making false allegations in the course of criminal or judicial proceedings, perjury

1213 00

Unlawful impersonation of a person or an authority

1214 00

Escape from lawful custody

1300 00

open category

Offences against public property or public interests

1301 00

Public, social security or family benefit fraud

1302 00

Fraud affecting European benefits or allowances

1303 00

Offences related to illegal gambling

1304 00

Obstructing of public tender procedures

1305 00

Active or passive corruption of a civil servant, a person holding public office or public authority

1306 00

Embezzlement, misappropriation or other diversion of property by a public official

1307 00

Abuse of a function by a public official

1400 00

open category

Tax and customs offences

1401 00

Tax offences

1402 00

Customs offences

1500 00

open category

Economic and trade related offences

1501 00

Bankruptcy or fraudulent insolvency

1502 00

Breach of accounting regulation, embezzlement, concealment of assets or unlawful increase in a company’s liabilities

1503 00

Violation of competition rules

1504 00

Laundering of proceeds from crime

1505 00

Active or passive corruption in the private sector

1506 00

Revealing a secret or breaching an obligation of secrecy

1507 00

‘Insider trading’

1600 00

open category

Offences against property or causing damage to goods

1601 00

Unlawful appropriation

1602 00

Unlawful appropriation or diversion of energy

1603 00

Fraud, including swindling

1604 00

Dealing in stolen goods

1605 00

Illicit trafficking (6) in cultural goods, including antiques and works of art

1606 00

Intentional damage or destruction of property

1607 00

Unintentional damage or destruction of property

1608 00

Sabotage

1609 00

Offences against industrial or intellectual property

1610 00

Arson

1611 00

Arson causing death or injury to persons

1612 00

Forest arson

1700 00

open category

Theft offences

1701 00

Theft

1702 00

Theft after unlawful entry into property

1703 00

Theft, using violence or weapons, or using threat of violence or weapons against person

1704 00

Forms of aggravated theft which do not involve use of violence or weapons, or use of threat of violence or weapons, against persons.

1800 00

open category

Offences against information systems and other computer-related crime

1801 00

Illegal access to information systems

1802 00

Illegal system interference

1803 00

Illegal data interference

1804 00

Production, possession, dissemination of or trafficking in computer devices or data enabling commitment of computer-related offences

1900 00

open category

Forgery of means of payment

1901 00

Counterfeiting or forging currency, including the euro

1902 00

Counterfeiting of non-cash means of payment

1903 00

Counterfeiting or forging public fiduciary documents

1904 00

Putting into circulation/using counterfeited or forged currency, non-cash means of payment or public fiduciary documents

1905 00

Possession of a device for the counterfeiting or forgery of currency or public fiduciary documents

2000 00

open category

Falsification of documents

2001 00

Falsification of a public or administrative document by a private individual

2002 00

Falsification of a document by a civil servant or a public authority

2003 00

Supply or acquisition of a forged public or administrative document; supply or acquisition of a forged document by a civil servant or a public authority

2004 00

Using forged public or administrative documents

2005 00

Possession of a device for the falsification of public or administrative documents

2006 00

Forgery of private documents by a private individual

2100 00

open category

Offences against traffic regulations

2101 00

Dangerous driving

2102 00

Driving under the influence of alcohol or narcotic drugs

2103 00

Driving without a licence or while disqualified

2104 00

Failure to stop after a road accident

2105 00

Avoiding a road check

2106 00

Offences related to road transport

2200 00

open category

Offences against labour law

2201 00

Unlawful employment

2202 00

Offences relating to remuneration, including social security contributions

2203 00

Offences relating to working conditions, health and safety at work

2204 00

Offences relating to access to or exercise of a professional activity

2205 00

Offences relating to working hours and rest time

2300 00

open category

Offences against migration law

2301 00

Unauthorised entry or residence

2302 00

Facilitation of unauthorised entry and residence

2400 00

open category

Offences against military obligations

2500 00

open category

Offences related to hormonal substances and other growth promoters

2501 00

Illicit importation, exportation or supply of hormonal substances and other grown promoters

2600 00

open category

Offences related to nuclear materials or other hazardous radioactive substances

2601 00

Illicit importation, exportation, supply or acquisition of nuclear or radioactive materials

2700 00

open category

Other offences

2701 00

Other intentional offences

2702 00

Other unintentional offences


(1)  Unless otherwise specified in this category, ‘trafficking’ means import, export, acquisition, sale, delivery, movement or transfer.

(2)  For the purpose of this sub-category trafficking includes acquisition, sale, delivery, movement or transfer.

(3)  For the purpose of this sub-category trafficking includes import, export, acquisition, sale, delivery, movement or transfer.

(4)  For example: particularly grave circumstances.

(5)  For example rape with particular cruelty.

(6)  Trafficking includes import, export, acquisition, sale, delivery, movement or transfer.


ANNEX B

Common table of penalties and measures categories referred to in Article 4

Code

Categories and sub-categories of offences

1000

open category

Deprivation of freedom

1001

Imprisonment

1002

Life imprisonment

2000

open category

Restriction of personal freedom

2001

Prohibition from frequenting some places

2002

Restriction to travel abroad

2003

Prohibition to stay in some places

2004

Prohibition from entry to a mass event

2005

Prohibition to enter in contact with certain persons through whatever means

2006

Placement under electronic surveillance (1)

2007

Obligation to report at specified times to a specific authority

2008

Obligation to stay/reside in a certain place

2009

Obligation to be at the place of residence on the set time

2010

Obligation to comply with the probation measures ordered by the court, including the obligation to remain under supervision

3000

open category

Prohibition of a specific right or capacity

3001

Disqualification from function

3002

Loss/suspension of capacity to hold or to be appointed to public office

3003

Loss/suspension of the right to vote or to be elected

3004

Incapacity to contract with public administration

3005

Ineligibility to obtain public subsidies

3006

Cancellation of the driving licence (2)

3007

Suspension of driving licence

3008

Prohibition to drive certain vehicles

3009

Loss/suspension of the parental authority

3010

Loss/suspension of right to be an expert in court proceedings/witness under oath/juror

3011

Loss/suspension of right to be a legal guardian (3)

3012

Loss/suspension of right of decoration or title

3013

Prohibition to exercise professional, commercial or social activity

3014

Prohibition from working or activity with minors

3015

Obligation to close an establishment

3016

Prohibition to hold or to carry weapons

3017

Withdrawal of a hunting/fishing license

3018

Prohibition to issue cheques or to use payment/credit cards

3019

Prohibition to keep animals

3020

Prohibition to possess or use certain items other than weapons

3021

Prohibition to play certain games/sports

4000

open category

Prohibition or expulsion from territory

4001

Prohibition from national territory

4002

Expulsion from national territory

5000

open category

Personal obligation

5001

Submission to medical treatment or other forms of therapy

5002

Submission to a social-educational programme

5003

Obligation to be under the care/control of the family

5004

Educational measures

5005

Socio-judicial probation

5006

Obligation of training/working

5007

Obligation to provide judicial authorities with specific information

5008

Obligation to publish the judgment

5009

Obligation to compensate for the prejudice caused by the offence

6000

open category

Penalty on personal property

6001

Confiscation

6002

Demolition

6003

Restoration

7000

open category

Placing in an institution

7001

Placing in a psychiatric institution

7002

Placing in a detoxification institution

7003

Placing in an educational institution

8000

open category

Financial penalty

8001

Fine

8002

Day-fine (4)

8003

Fine for the benefit of a special recipient (5)

9000

open category

Working penalty

9001

Community service or work

9002

Community service or work accompanied with other restrictive measures

10000

open category

Military penalty

10001

Loss of military rank (6)

10002

Expulsion from professional military service

10003

Military imprisonment

11000

open category

Exemption/deferment of sentence/penalty, warning

12000

open category

Other penalties and measures


Parameters (to be specified where applicable)

ø

Penalty

m

Measure

a

Suspended penalty/measure

b

Partially suspended penalty/measure

c

Suspended penalty/measure with probation/supervision

d

Partially suspended penalty/measure with probation/supervision

e

Conversion of penalty/measure

f

Alternative penalty/measure imposed as principal penalty

g

Alternative penalty/measure imposed initially in case of non-respect of the principal penalty

h

Revocation of suspended penalty/measure

i

Subsequent formation of an overall penalty

j

Interruption of enforcement/postponement of the penalty/measure (7)

k

Remission of the penalty

l

Remission of the suspended penalty

n

End of penalty

o

Pardon

p

Amnesty

q

Release on parole (liberation of a person before end of the sentence under certain conditions)

r

Rehabilitation (with or without the deletion of penalty from criminal records)

s

Penalty or measure specific to minors

t

Non-criminal ruling (8)


(1)  Fixed or mobile placement.

(2)  Reapplication in order to obtain a new driving licence is necessary.

(3)  Legal guardian for a person who is legally incompetent or for a minor.

(4)  Fine expressed in daily units.

(5)  E.g.: for an institution, association, foundation or a victim.

(6)  Military demotion.

(7)  Does not lead to avoidance of enforcement of penalty.

(8)  This parameter will be indicated only when such information is provided in reply to the request received by the Member State of nationality of the person concerned.


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