09.05.2024

About the content of the criminal record

In this article we will analyze some aspects of general interest regarding the legal regulation of criminal records, established by Law no. 290/2004, with subsequent amendments and additions[1]. Thus, through this summary, individuals who have been convicted or against whom other criminal or administrative measures have been taken in accordance with the Criminal Code, as well as those against whom criminal procedural measures have been ordered, will be aware of the data that may be contained in their own criminal record or in the criminal record certificate that they need in certain situations. It is also useful for persons who are the subject of a criminal investigation and are interested to know what will and will not be included in the criminal record, both during each stage of the criminal proceedings and at the end of the criminal proceedings.

In everyday life, situations often arise in which an individual needs a criminal record certificate (e.g., Law No 290/2004 contains provisions on the organization of criminal records, the entry of data in the criminal record, the procedure for their removal, the content of the criminal record certificate, the communication of data and the rectification of entries or notations in the criminal record. In concrete terms, the criminal record keeps records of natural and legal persons who have been convicted or against whom other criminal or administrative measures have been taken in accordance with the Criminal Code, as well as those against whom criminal procedural measures have been ordered.

In accordance with the meaning given to the concepts used in its content, Law No 290/2004 defines the criminal record certificate as a document issued by specialized local authorities (Romanian Police units), at the request of a person, attesting his/her judicial situation.

The criminal record certificate is not identical to the copy of the criminal record. The latter is the document issued to the competent Romanian authorities whenever it is necessary in situations such as criminal prosecution or trial proceedings. The copy of the criminal record contains more data than the criminal record certificate, which is issued to individuals upon request.

The criminal record concerning a natural person will contain, among other things, data relating to punishments (imprisonment, fine), security measures (provided for in Article 108 of the Criminal Code[2]) and educational measures[3], handed down by final court decisions, amnesty, pardon, statute of limitations, rehabilitation, political nature of the conviction, etc.

Data on the initiation of criminal proceedings or the taking of one of the preventive measures provided for in the Code of Criminal Procedure (detention, judicial control, judicial control on bail, house arrest, remand in custody, preventive arrest) in respect of an individual are also entered provisionally until the final decision in the case.

Certain dates such as dismissal or discontinuance of criminal proceedings, which may be ordered by the public prosecutor in the cases provided for in the Code of Criminal Procedure, are not entered in the criminal record. The fact that the waiver of prosecution is not entered in the criminal record of a natural person is a beneficial aspect for that person, since the judicial authorities would most likely have taken into account whether the person, after having benefited from such "clemency" from the representative of the Public Prosecutor's Office, would have found himself in a similar situation again, thus demonstrating his criminal perseverance.

The criminal record certificate shows: (i) the criminal sanctions from final judgments that have become final and have legal effect and do not enter data such as criminal sanctions pronounced for acts committed while under the age of minority (which, moreover, appear in the copy of the criminal record); (ii) the security measures taken without the application of a penalty, with the exception of medical confinement and prohibition from holding a position or exercising a profession; (iii) data relating to persons against whom criminal proceedings have been initiated or against whom one of the preventive measures provided for by the Code of Criminal Procedure has been taken (the same difference as in the case of sanctions imposed during minority).

Criminal record certificates issued by local police units are valid for 6 months from the date of issue. As a rule, the data entered in the criminal record are processed by specialized operators and individuals do not have to make any requests or applications to have certain entries in the criminal record deleted or amended, as these are done automatically by the authorized staff.

An article by Mihail Tofan - Junior Lawyer - mtofan@stoica-asociatii.ro - STOICA & ASSOCIATES.

[1] Published in the Official Journal of Romania, Part I, No 777 of November 13, 2009.

[2] "(a) medical treatment, (b) medical confinement, (c) prohibition from holding an office or exercising a profession; (d) special confiscation; (e) extended confiscation."

[3] Art. 115 Penal Code: the measures are divided into non-custodial ("a) civic training, b) supervision, c) end-of-week detention, d) daily attendance") and custodial ("a) placement in an educational center; b) placement in a detention center.").