NUMBER: 122-07
CONSIDERING: What is required of a
work de record of reliable data and rigorously respectful of the derechos citizens, relative to the behavior of people to prevent el crime or establish responsibilities duly verified by a Tribunal of the order judicial, through the holding of a preliminary trial.
CONSIDERING: That the Police National makes a record for their control in the behavior of citizens such as labor de prevention, substantially different from the record which must be available to establish criminal records as files on citizens subject to the Justice or by judicial decision.
CONSIDERING: Which is necessary as a measure of Warranty of the citizen, define and specify the insights that should appear in the Certificate Background checks to prevent unfair damage to the reputation of the company person or reduce their opportunities to engage in legitimate and productive activities.
June 26, 1984 and the respective regulations.
VISTA: The Act 255, the when and where April 10, 1943, modified by the Act 5188, the when and where
August 13, 1959, GO 8392, on Certificates of Good Conduct.
VISA: The Statute of the Ministry Public (Act No. 78-03, of when and where April 15, 2003). VISTA: The Act No. 821 of November 21, 1927, and its amendments, on Organisation Judicial.
VISTA: The Act Institutional of the Police National, No. 96-04 of when and where February 5 2004.
VISA: The Code Procedural Criminal law of the Republic Dominican (Act No. 76-02 of when and where July 2, 2002).
VISTA: The Act General of Free Access to Information Public, No. 200-04 of July 28, 2004 and its Implementing Regulation No. 130-05. VISTA: The Act 4378, February 10, 1956.
VISA: The Decree No. 315-06, of when and where July 28, 2006;
VISTA: The Convention of American of the Rights Humans, San Jose de Rib Rich of the 22 1969 November.
VISTA: The Constitution of the Republic Dominican.
En exercise of the powers conferred upon me by the Article 55 of the Constitution of the Republic, I dictate the following
REGULATIONS ON THE LOG-IN OR SIGN UP DATA ON PEOPLE WITH
CRIMINAL RECORD
CHAPTER I
GENERAL RULES
DEFINITIONS AND CONCEPTS
ARTICLE 1.- Objective of this regulation.- To establish the rules and procedures for issuing Certificates of Criminal Records and Good manners, and regulate access to the insights that about the people are registered in the
work judicial, enforcing what is established in the Article 8 of the Constitution of the Republic, the regulations contained in international treaties and in special laws on the matter.
ARTICLE 2.- Definitions.- For the purposes of this Regulation, the following concepts are defined:
a) Permanent Record: It is the record de insights on the sentences pronounced on one or more persons by the courts of the order penal against one or more person, accused of the commission o participación en acts criminal, provided that these convictions are not already object de resource any; that is to say that said decisions have acquired the authority of the thing irrevocably judged.
b) File Temporary de Research Criminal: It is the record of data on one or more persons accused of the commission de crime o crime, occasion of request and obtaining against these, for part of the Ministry Public of one or more measures of coercion, of those contained in our Code Procedural Criminal law and granted by authority competent court, until it intervenes, in cases where archiving is appropriate definitive of the ///By part of the Ministry Public; irrevocable de there is no place, issued by the authority competent and in his /// sentences acquittal final, who has acquired the authority of the thing irrevocably judged or by the fulfillment of the period of experiment en /// that it has been applied suspension conditional of the proceedings.
c) Register Police Control and Intelligence: It is the record of the data accumulated as a reference for police intelligence and kept under the exclusive responsibility of the Police National, whose management will be supervised by the Secretariat of State of Interior and Police and observing the institution police the due subordination functional to Ministry Public, which performs the function of steer axle truck of the research, in accordance with the Code Procedural Criminal law.
ARTICLE 3.- Principle Rector. The regulations and principles established in the Constitution of the Republic, in international conventions, the Code Procedural Criminal law and the special laws on the subject matter, constitute mandatory references for the application of the provisions of this Regulation. PARAGRAPH.- As a consequence of these provisions, the institutions to which the cargo of the files and records must be accessible to the person interested in their own insights, to the accuracy and veracity of the data, security and control of the files and records, footing of management of the insights contained therein, rectification and update of the insights when appropriate and protection of privacy individually of people as they deserve.
ARTICLE 4.- For the application of this Regulation, the following is authorized: qualification from a database común, where all the information on individuals and legal entities will be gathered, provided directly by each of the existing registries of each institution participant and related to this regulation. This record will contain other information considered of domain public, either because of its origin or its nature.
The database, as regards the
work of security preventive and Warranty of the derechos citizens, will be under the responsibility of the Secretariat of State of Interior and Police, En of condition of Coordinator of the Council National of Citizen Security, which will handle all preventive aspects and, with regard to criminal investigations, under the responsibility of the Attorney General's Office Republic, En of condition responsible for the preparation and monitoring of the political criminal of the State, responsible for research all acts punishable and of the individualization of the authors and accomplices of these and organ rector of the
work penitentiary.
CHAPTER II
TYPES OF RECORDS AND THEIR CHARACTERISTICS
ARTICLE 5.- The creation of three forms of records is provided: 1.- The Register Police Control and Intelligence; 2.- The File Temporary de Research Criminal; and 3.- The Permanent Record.
PARAGRAPH I.- The Register Police Control and Intelligence is the record of the data accumulated as a reference for police intelligence and kept under the exclusive responsibility of the Police National, the supervision of the Secretariat of State of Interior and Police, without having competition None of these institutions competition to issue certificates on such data or the persons registered therein. Paragraph II.- The Register or File Temporary de Research Criminal is that which is carried out, under the responsibility of the Attorney General's Office Republic, regarding the commission a crime o crime, when at the person what I know treats has been impuesto measure of coercion and has not intervened on this sentences condemnatory final or the file has been arranged definitive of the ///.
Paragraph III.- The Register o Permanent Record is the one that is made regarding a person which has been condemned for sentences final e irrevocable by national criminal courts and those convicted in the extranjero who have been deported or received insights official in that sense.
CHAPTER III
LOG-IN OR SIGN UP POLICE CONTROL AND INTELLIGENCE
ARTICLE 6.- El Register Police Control and Intelligence is use exclusive to the Police National and the Ministry Public, in no way /// will be spirit access to public. Exceptionally, institutions that form part of the organization may have access part member of Council National of Citizen Security, as seen here el Decree No. 315-06, of when and where 28 July of the 2006.
ARTICLE 7.- Which gives established that the existence of the Register Police Control and Intelligence, by itself, does not harm the derechos fundamentals of people and cannot be done use of esa insights, except that it is submitted person in question research penal or in occasion a proceedings judicial. ARTICLE 8.- El use improper of the Register Police Control and Intelligence is responsibility of whoever performs the functions of Head of the institution, qualifying as abuse of authority o lack serious in this context of the legislation applicable. ARTICLE 9.- All data or insights contained in the Register of Police Control and Intelligence, is considered insights classified by what its use In the hands of third parties it will give rise to a qualification of complicity in actions of abuse of authority.
PARAGRAPH: Once ten (10) years have passed since its inclusion in the Register, the data will be converted to insights not classified and therefore will go to the Historical Archive or dead from the Police National, that is created at effect.
CHAPTER IV
LOG-IN OR SIGN UP OR CARD TEMPORARY RESEARCH
ARTICLE 10.- El Register or File Temporary de Research It is created from the request and obtaining by part of the Ministry Public of a measure of coercion imposed by the Tribunal competent, will be determined by the Plazo established in the Article 150 and 151 of Code Procedural Criminal law of the Republic Dominican Republic, which will cease if, in the appropriate cases, the archive intervenes definitive of the ///By part of the Ministry Public, irrevocable de there is no place, issued by the authority competent and in his /// sentences acquittal final, who has acquired the authority of the thing irrevocably judged.
PARAGRAPH: In /// that it ceases research and does not produce any accusation against the accused, insights compiled will go to Register Police Control and Intelligence.
ARTICLE 11.- All certification of the Register or File Temporary de Research will be issued by the Ministry Public and will have validity by tiempo which establishes the Code Procedural Criminal law for the conduct of these investigations and the eventual trial, and may only be used in accordance with the objective stated for their issuance by the applicant(s). /// Otherwise, the applicant may be defendant through any of the actions established in the Law School Common Equipment.
CHAPTER V
EL LOG-IN OR SIGN UP OR PERMANENT CARD
ARTICLE 12.- El Register The Permanent Record is a summary of the data or information on the convictions issued against one or more persons by means of sentences from the courts of the order penal which in turn has acquired the authority of the thing irrevocably judged. This Register works under the responsibility of the Attorney General's Office Republic and the Supreme Cutting de Justice. PARAGRAPH: The Register or Permanent Judicial Record is of spirit access to public, except as provided in special situations by the law, and certifications must be issued upon request part interested or anyone person who so requests.
CHAPTER VI
GENERAL DISPOSITION
ARTICLE 13.- The Records, in each /// will be carried out with rigor Experience physically and electronically by each of the institutions to cargo. For the purposes of applying this Decree, the integration of a is ordered
work automated between all institutions involved with these regulations under the responsibility of the Secretariat of State of Interior and Police, with regard to Citizen Security and the Attorney General's Office Republic, regarding criminal investigations. ARTICLE 14.- For the application of the provisions set forth herein decree, service providers insights de data must subject their rules to what is established here.
ARTICLE 15.- Lifting or Retiro of Ficha, is the proceedings by means of which the person affected by the placement of a permanent card or temporary and research criminal, you can request the Ministry Public the uprising or withdrawal of the card of the
work de insights public, and thus obtain the issuance of the corresponding certificates not delinquency, after comply with all the requirements established by the Code Procedural Criminal law, The Act No.224 on the Regime Penitentiary of the Republic Dominican, of June 26, 1984 and the respective regulations, regarding the fulfillment of the penalty and especially, under the
work progressive, the social reintegration of the convicted.
PARAGRAPH.- The negative unjustified or the negligence proven before the request of the interested party, once the fulfillment of all the requirements, it will be considered denial of justice and therefore penalized as seen here al proceedings established by the right común.
ARTICLE 16.- In /// of what in the Register or Sheet of Research contains false or erroneous information about a citizen/a, he may contact the authority responsible for record and request for written la correction corresponding. If applicable, the authority competent authority must proceed to correct the insights o data, as seen here to law.
ARTICLE 17.- It is ordered that review and adaptation of police records in all institutions that handle information with relationship intelligence or criminal records, so that they are made in accordance with the provisions of this Regulation. In this regard, the certifications of non-infringement delinquency and/or no criminal record may only be issued by the Ministry Public, not being able to issue certification any about the particular no other institution, from the when and where of issue of this decree, except for Certificates of Lifespan y Habit, whose issuance is the responsibility of the Secretariat of State of Interior and Police, by virtue of the Act 5188, the when and where August 13, 1959, amended by the Act 255, April 10, 1943.
GIVEN in Santo Domingo de Guzmán, District National, capital of the Republic Dominican, eight (8) days after month March 2007; 164 years of the Independence
and 144 of the Restoration.
LEONEL FERNÁNDEZ
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