Annexes to COM(2008)332 - Establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2008/XX/JHA - Main contents
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| dossier | COM(2008)332 - Establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision ... |
|---|---|
| document | COM(2008)332  |
| date | April 6, 2009 |
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.