The bill would change how criminal records are exchanged in the EU

Automatic summary, not yet reviewed

1. The full house of the Congress of Deputies approved this bill on September 18, 2024, using the urgent procedure. It is not yet a law in force.
2. The bill would require exchanging criminal records with other EU member states electronically through the ECRISECRIS The European system that lets EU countries exchange criminal record information electronically. system and a standard format. If that is not possible, any means that leaves a written record or a form would be used, with safeguards to verify the authenticity of the information.
3. It would expand the data shared: fingerprints and the facial image of the convicted person would be added. For third-country nationals, a record would be created in the centralized ECRIS-TCNECRIS-TCN A centralized system that helps identify which EU country holds information on convictions of third-country nationals or stateless persons. system with alphanumeric data, fingerprints and, if Spanish law allows, the facial image.
4. Final convictions issued in other member states would have the same legal effects as those issued in Spain, before the trial, during it and when enforcing the sentence. This removes the previous limits on applying Framework Decision 2008/675/JAI.
5. A Central Register of Minors would be created, covering not only final judgments but also precautionary measures, warrants and cases of defendants at large in juvenile proceedings. It would start operating within one year of the law taking effect.
6. References to the Central Register of Convicts and Fugitives would be read as references to the Central Register of Convicts. The bill would also delete a paragraph of Article 86.1 of Law 23/2014 and would take effect twenty days after publication in the BOE.

Who it affects

• People convicted in Spain who are nationals or residents of other EU countries, because their convictions will be reported to their states of nationality and may be forwarded.: affected
• Convicted third-country nationals and stateless persons, whose data (including fingerprints and facial image) will be recorded in the centralized ECRIS-TCN system.: affected
• Minors in criminal proceedings in Spain, because their judgments, precautionary measures and warrants will be entered in the new Central Register of Minors.: affected
• Judges, courts and prosecutors, who will be able to consult records from other member states and will have more information for their rulings.: affected
• People requesting a criminal record certificate in Spain, since they must declare their other EU nationalities and the certificate will include information received from those states.: affected

Words worth knowing

Antecedentes penales

Criminal record: the list of convictions a person has received for crimes.

ECRIS

The European system that lets EU countries exchange criminal record information electronically.

ECRIS-TCN

A centralized system that helps identify which EU country holds information on convictions of third-country nationals or stateless persons.

Medidas cautelares

Precautionary measures: temporary steps a judge takes during proceedings to protect the minor involved or the victim, before a final judgment.

Transposición

Transposition: adapting a European directive into Spanish domestic law through a statute.

It summarizes the text passed by the full Congreso. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries