Criminal record certificate

Criminal record certificate from Ukraine (Certificato penale)

THE CRIMINAL RECORD CERTIFICATE: WHAT IS IT FOR AND WHERE CAN YOU GET IT IN UKRAINE?

Attention!!! Since 5:30 a.m. on 24 February 2022, martial law has been in force in Ukraine under Decree of the President of Ukraine No. 64/2022 of 24 February 2022 “On the Introduction of Martial Law in Ukraine”. As a result, the time limits for providing administrative services and issuing permits have changed. For this reason, when applying for Italian citizenship, a criminal record certificate (extract) is not mandatory for Ukrainian citizens.

We have all heard of the criminal record certificate (Certificato penale). When do you need one? When applying for citizenship of another country, for guardianship, for a visa to travel abroad, when adopting a child; employers sometimes ask for one when hiring, and so on.

Ukrainian criminal record certificates come in 2 types: full and short. The short one states only whether or not you have a criminal record at all; the full one contains information on any criminal proceedings brought against you, and also covers the absence or existence of convictions or of the various restrictions provided for by Ukraine’s criminal procedure legislation.
To avoid misunderstandings, citizens should check with the organisations and institutions to which they are submitting documents which type of extract they require, “short” or “full”. If at the time of the check in the information and analytical system “Record of Information on Persons Held Criminally Liable and on Criminal Records” the person is on a wanted list, this will be stated in the extract, whatever its type.
A criminal record certificate can be obtained at any service centre of the Ministry of Internal Affairs of Ukraine, regardless of where you are registered. You need to bring your internal passport and a copy of it to the service centre. The certificate is issued free of charge, on paper, within a month. Instead of the criminal record certificate, you can now obtain an extract confirming that you have no criminal record.
To obtain the extract from the information and analytical system “Record of Information on Persons Held Criminally Liable and on Criminal Records”, you need to submit a request:

• on paper, the request is submitted in person by the applicant, or by a person duly authorised by them, to the Department of Informatisation of the Ministry of Internal Affairs, a regional service centre of the Ministry of Internal Affairs or a remote registration point of the Ministry’s accredited key certification centre, regardless of the applicant’s registered place of residence;
• electronically, the request is submitted through the official website of the Ministry of Internal Affairs, provided the applicant is identified by means of an electronic signature or another alternative means of identification that meets the requirements of Ukrainian law. You can also get the criminal record extract online through the Diia service.
  To order the extract online, you use a qualified electronic signature (of an individual) or BankID. Once they have received the extract in electronic form, applicants can go to a consular office, which will check that the document is valid and, on payment of a consular fee of €28, issue the certificate on paper, on consular letterhead, in Ukrainian.
  The extract reflects the situation on the date the check on the individual was carried out. The certificate is valid for 6 months from the date of issue.
  If the request for information from the information and analytical system “Record of Information on Persons Held Criminally Liable and on Criminal Records” is refused, the applicant is notified in writing or, at their request, electronically, with the reason for the refusal and an explanation of how to appeal against the decision.

CRIMINAL RECORD CERTIFICATE (CERTIFICATO CASELLARIO GIUDIZIALE) AND PENDING CHARGES CERTIFICATE (CERTIFICATO DEI CARICHI PENDENTI) IN ITALY

To prove that you have no criminal record in Italy, you need to obtain the relevant certificate in Italy itself. A criminal record certificate is usually obtained for:

• issuing or renewing documents (when applying for a long-term residence permit (PDS periodo lungo));
• taking up employment;
• obtaining a visa to travel abroad;
• adoption or guardianship.
  This document is usually requested after taking part in public competitions or tenders, and when applying for a residence permit (permesso di soggiorno) or for citizenship. The certificate may also be requested in labour disputes and in matters of social security and compulsory assistance.
  Anyone may, under art.116 c.p.p. (Code of Criminal Procedure), request the relevant certificate from the criminal records office (Casellario giudiziale) at the Public Prosecutor’s Office (Procura della Repubblica) of the Tribunale (court) for their place of residence; it is issued once the registry fee and the stamp duty have been paid.
  The request may be made by the person concerned or by another person they have authorised with a proxy (delega). The certificate is valid for 6 months.
• Costs:
  For each certificate
• €3.92 registry fee;
• €16 stamp duty (marca da bollo) for every 2 pages of the certificate;
• €3.92 if you need the certificate the same day or the next day, i.e. urgent issue.

For adoption, guardianship (art. 82 L.184/83) and other grounds, an exemption from the fees is provided for.