Pöördumine

Saatja: Michał Piechota <[email protected]> Saaja: Info, [email protected] Teema: Request for Information from the Constitutional Tribunal of Poland ​ Dear Sir/Madam, In the context of the case ref. no. SK 26/16, which is pending before the Constitutional Tribunal of Poland, the Tribunal is analysing matters related to the possibility of expunging (erasing) a criminal record. The review proceedings have been commenced by a constitutional complaint challenging a provision of Polish law which rules out the possibility of expunging (erasing) the criminal record of conviction (to a prison sentence that may not be conditionally suspended) for an offence against sexual freedom and decency where the aggrieved party was a minor under 15.The challenged provision constitutes an exception to the rule that, after the lapse of a certain period, the record of conviction is expunged (erased). The judges of the Tribunal who are examining the above-mentioned case are interested in how the legal institution of expunging (erasing) the record of conviction – in the context of sexual offences against minors – functions in your Country. Therefore, I am writing to you with the kind request for information on the following matters, based on your Country’s legal system and the case law of your Court: 1. Does your Country’s legal system provide for: the legal institution of expunging (erasing) the criminal record of conviction, which consists in treating the court’s conviction of an individual – after the lapse of a period specified by law – as if it has never occurred, and thus the individual’s name is deleted from the register of convicted persons? After the expungement (erasure) of record and the deletion of the individual’s name from the register of convicted persons, this individual is regarded by law as a person with no criminal record. 2. If there is the legal institution of the expungement (erasure) of the record of conviction in your Country’s legal system, how are any exceptions thereto regulated? By “exceptions” we mean situations where a conviction to a particular penalty or for a certain offence is not expunged (erased)? Does the expungement (erasure) of the record of conviction apply to a conviction to a prison sentence for an offence against sexual freedom and decency where the aggrieved party is a minor? 3. Has your Court delivered any rulings on the constitutional right to be forgotten with regard to individuals convicted by a legally effective court judgment? Is there any case law of your Court concerning the constitutional admissibility (or inadmissibility) of the lack of the expungement (erasure) of the record of conviction for a sexual offence, especially where the aggrieved party is a minor? If so, please provide us with information on such case law. Due to work being carried out on the case SK 26/16, we would be most grateful if we could receive your replies to the above questions within 30 days. Yours faithfully, Michał Piechota Senior Researcher The Department of Jurisprudence Research and Legal Analyses The Office of the Legal Service The Polish Constitutional Tribunal al. Jana Christiana Szucha 12A, 00-918 Warsaw, Poland