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
Date: 2009-04-06
Institutions: Council of the European Union
Subjects: EU Member State, European Constitution, European Economic Area, criminal record, exchange of information, judicial cooperation in civil matters in the EU




L_2009093EN.01003301.xml










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.