National Criminal Register (Poland)

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National Criminal Register (Polish : Krajowy Rejestr Karny) is an official database of criminal convictions and other law enforcement data maintained by the Polish Ministry of Justice.

Contents

The National Criminal Register was established on 22 June 2001 by the Act of 24 May 2000 on National Criminal Register [1] and replaced the previously existing Central Register of Convicts (Polish : Centralny Rejestr Skazanych) and Central Register of Juvenile Offenders (Polish : Centralny Rejestr Nieletnich). [2] [3]

In early 2022, the Ministry of Justice announced a bill to reform the National Criminal Register by allowing some official notices and documents to be shared between authorities by digital means, and hence improving its reliability and currentness. [4] Moreover, the information in the Register is to be linked to the PESEL Register. The proposed changes are aimed at creating a new computer system labelled "KRK 2.0". [5]

Data processed and stored

The following information is stored in the National Criminal Register: [6]

Data regarding fixed penalty notices (Polish : mandat karny) issued and convictions for petty (minor) offences, like traffic violations, are not stored in the Register, unless a custodial sentence was imposed. [6]

Accessing data

The Register is not public. Access to data is limited to authorities (Policja, prosecutor offices (Polish : prokuratura), courts, Foreign Intelligence Agency, Internal Security Agency, Border Guard, Central Anticorruption Bureau, State Protection Service, Military Counterintelligence Service, Military Intelligence Service), [7] data subjects, and, in limited cases, data subjects' employers (when a statue requires an employee to have no criminal record). [8]

As of 2019, data in the Register are accessed as often as 3 million times a year, with 80 per cent of all access requests coming from relevant state authorities. [9]

Removal of data

Data about convictions are automatically removed when they are considered "spent" under the Polish criminal law. Information about conditional discharges is removed if no further offence is committed within a stated probation period, or when the criminal proceedings resume following breach of the conditions of the discharge. Data about court-imposed preventive measures are removed once they expire. Information is also removed on the event of data subject's death. [10]

Related Research Articles

Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.

<i>Youth Criminal Justice Act</i> Canadian statute

The Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences. The Act replaced the Young Offenders Act, which itself was a replacement for the Juvenile Delinquents Act.

<span class="mw-page-title-main">Criminal record</span> Record of a persons criminal history

A criminal record, which is different than a police record, is a record of a person's criminal convictions history. The information included in a criminal record and the existence of a criminal record varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In some countries the record is limited to actual convictions, while in others it also includes arrests, charges dismissed, charges pending and charges of which the individual has been acquitted.

A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence.

In Canada, England, and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public. Other countries, including Denmark and parts of the United States have similar provisions of law.

In the United Kingdom, the Violent and Sex Offender Register (ViSOR) is a database of records of those required to register with the police under the Sexual Offences Act 2003, those jailed for more than 12 months for violent offences, and those thought to be at risk of offending. In response to a Freedom of Information request in 2009, for example, Greater Manchester Police reported that of 16 people in their area placed on ViSOR since 2007 on their initiative and not as a result of a relevant conviction, four (25%) had clean criminal records.

<span class="mw-page-title-main">Youth offending team</span>

In England and Wales, a youth offending team (YOT) is a multi-agency team that is coordinated by a local authority and overseen by the Youth Justice Board. It deals with young offenders, sets up community services and reparation plans, and attempts to prevent youth recidivism and incarceration. YOTs were set up following the 1998 Crime and Disorder Act with the intention of reducing the risk of young people offending and re-offending, and to provide counsel and rehabilitation to those who do offend. Youth offending teams engage in a wide variety of work with young offenders in order to achieve their aims. YOTs supervise young people who have been ordered by the court to serve sentences in the community or in the secure estate. Sometimes, teams organise meetings between offenders and victims to encourage apologies and reparation.

A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.

In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, Scotland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example they make up more than 70% of surviving records for the Bedfordshire Quarter Sessions records.

A discharge is a type of sentence imposed by a court whereby no punishment is imposed.

A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt.

The youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences. The principal aim of the youth justice system is to prevent offending by children and young persons.

Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations.

<span class="mw-page-title-main">Criminal sentencing in Canada</span> Overview of criminal sentencing in Canada

Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada.

Loss of rights due to criminal conviction refers to the practice in some countries of reducing the rights of individuals who have been convicted of a criminal offence. The restrictions are in addition to other penalties such as incarceration or fines. In addition to restrictions imposed directly upon conviction, there can also be collateral civil consequences resulting from a criminal conviction, but which are not imposed directly by the courts as a result of the conviction.

Kodeks Karny is Poland's criminal-law code. The name is often abbreviated KK.

Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.

The concept of probation was introduced to Pakistan, then part of British India, in 1923. This initial system amounted to binding over some first-time offenders, without supervision by probation staff, and applied chiefly to young offenders. Reforms and extension to adult offenders were considered but not implemented under British rule, although a form of "probational release" or parole from longer prison sentences was introduced in the then province of Punjab in 1926.

In the Australian legal system, a good behaviour bond is a type of non-custodial sentence which involves the condition of the offender's “good behaviour” for a set period. The condition of “good behaviour” primarily requires the offender to obey the law, but may also include additional probation officer supervision, mandatory medical treatment or participation in rehabilitation, counselling and intervention programs. These imposed conditions are determined by state legislation and at the magistrate's discretion. A good behaviour bond may be established with or without a recorded legal conviction for the offence. The specific conditions which constitute a good behaviour bond, as well as the consequences for breaching them, vary under each Australian state or territory's legislation, but overall are used most commonly for first-time and juvenile offenders.

In Poland, the common courts, according to article 177 of the Constitution, are the courts of general jurisdiction, i.e. they rule on all cases in which the jurisdiction has not been explicitly transferred to other courts. This includes a broad range of cases, including civil, criminal, labour, economic and insurance law. The other types of courts recognised in Poland are administrative courts and military courts. The territorial jurisdiction of these courts and their creation is regulated by the minister of justice.

References

  1. ↑ "Ustawa z dnia 24 maja 2000 r. o Krajowym Rejestrze Karnym". isap.sejm.gov.pl (in Polish). Archived from the original on 2022-06-18. Retrieved 2022-09-27.
  2. ↑ "Kilkanaście projektów w kilka godzin - Archiwum Rzeczpospolitej". archiwum.rp.pl (in Polish). Archived from the original on 2022-09-27. Retrieved 2022-09-27.
  3. ↑ "Wszystko co nowe budzi wątpliwości - Archiwum Rzeczpospolitej". archiwum.rp.pl (in Polish). Archived from the original on 2022-09-27. Retrieved 2022-09-27.
  4. ↑ Agata Łukasiewicz. "Rejestr karny będzie sprawniejszy". Rzeczpospolita (in Polish). Archived from the original on 2021-11-29. Retrieved 2022-09-27.
  5. ↑ "Projekt: Poprawa jakości danych gromadzonych w Krajowym Rejestrze Karnym". www.gazetaprawna.pl (in Polish). 2021-11-09. Archived from the original on 2022-09-27. Retrieved 2022-09-27.
  6. 1 2 "Jakie dane są gromadzone w Krajowym Rejestrze Karnym i jak się je usuwa?". www.infor.pl (in Polish). Archived from the original on 2021-04-27. Retrieved 2022-09-27.
  7. ↑ Patrycja Rojek-Socha (2021-03-04). "Służby specjalne częściej zajrzą do Krajowego Rejestru Karnego". Prawo.pl (in Polish). Archived from the original on 2021-04-11. Retrieved 2022-09-27.
  8. ↑ Ewa Łukasik. "Kiedy pracodawca może wymagać udokumentowania niekaralności przez kandydatów do pracy i pracowników". kadry.infor.pl (in Polish). Archived from the original on 2021-11-19. Retrieved 2022-09-27.
  9. ↑ Piotr Szymaniak (2019-07-09). "Krajowy Rejestr Karny się zapycha? Będzie nowy e-system". forsal.pl (in Polish). Archived from the original on 2021-08-02. Retrieved 2022-09-27.
  10. ↑ Daniel Kwiatkowski. "Obowiązek usunięcia z rejestrów wpisu o zatartym skazaniu". palestra.pl (in Polish). Archived from the original on 2020-01-02. Retrieved 2022-09-27.
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