KAMILKA ACT - OBTAINING CERTIFICATES
As of 15 February 2024, the provisions on the obligation to present to a future employer or future organizer, before admitting a person to activities related to: upbringing, education, recreation, treatment, provision of psychological counseling, spiritual development, practicing sports or pursuing other interests by minors or caring for them by future employees or persons to be admitted to the above-mentioned activities, certificates of no criminal record for certain types of crimes are subject to change.
In accordance with art. 21 sec. 3 of the Act of 13 May 2016 on Counteracting Sexual Crime Threats and Protecting Minors, the legislator indicates that information from the National Criminal Register will be submitted in the scope of crimes specified in Chapters XIX and XXV of the Penal Code (including crimes against sexual freedom and decency), in art. 189a and art. 207 of the Penal Code and in the Act of 29 July 2005 on Counteracting Drug Addiction (Journal of Laws of 2023, item 1939 and of 2022, item 2600), or for prohibited acts corresponding to these crimes specified in the provisions of foreign law. Detailed information on obtaining information from the National Criminal Register by Polish and European Union citizens is available on the website of the Ministry of Justice in the tabs:
https://www.gov.pl/web/krajowy-rejestr-karny/uzyskanie-informacji-z-krajowego-rejestru-karnego-droga-tradycyjna
and
https://www.gov.pl/web/krajowy-rejestr-karny/uzyskiwanie-informacji-z-krajowego-rejestru-karnego-droga-elektroniczna3
In the case of persons with citizenship of a country other than Poland, the regulations impose an obligation to submit to the employer or other organizer information from the criminal register of the country of citizenship obtained for the purposes of professional or volunteer activity related to contacts with children.
Detailed information on obtaining information from the National Criminal Register by these persons is available on the website of the Ministry of Justice under the tab: https://www.gov.pl/web/krajowy-rejestr-karny/uzyskiwanie-informacji-za-posrednikiem-systemu-informacznego-ecris The Information Office of the National Criminal Register mediates in obtaining information from foreign registers via the ECRIS IT system only in the case of citizens of Polish or European Union Member States.
If a future employee or a person to be admitted to the above-mentioned activity has lived outside Poland in the last 20 years, they are obliged not only to inform in which country or countries they have been staying, but also to attach an extract from criminal records obtained for the purposes of professional or volunteer activity related to contacts with children, which are applicable in the countries (country) of their stay.
In a situation where a given country does not maintain such a register, the person admitted to work with minors submits to the employer a declaration confirming this fact and confirming that the person has not been convicted of any crimes listed in the above provisions. The Information Office of the National Criminal Register does not mediate in submitting the above-mentioned declarations.
Questions and answers.
What form will be required to submit an application for information from the National Criminal Register regarding crimes specified in Chapters XIX and XXV of the Penal Code, in Article 189a and Article 207 of the Penal Code and in the Act of 29 July 2005 on Counteracting Drug Addiction (Journal of Laws of 2023, item 1939 and of 2022, item 2600)?
This is a form for requesting information about a person from the National Criminal Register.
The form is available at the link: Materials to download - National Criminal Register - Gov.pl Portal (www.gov.pl)
How should the form for requesting information about a person be completed so that information from the National Criminal Register covers only the prohibited acts indicated in Article 21, paragraph 3 of the Act of 13 May 2016 on Counteracting Threats of Sexual Crime and the Protection of Minors?
In point 13 of the aforementioned form called "Scope of data to be the subject of information about a person" indicate:
Article 21 paragraph 3 of the Act of 13 May 2016 on Counteracting Threats
of Sexual Crime and the Protection of Minors (Journal of Laws of 2024, item 560).
In turn, in point 12 of the aforementioned form called "Type of data to be the subject of information about a person" indicate: Criminal Record and Minors Record.
Will obtaining a certificate in the above scope be subject to exemption from the need to pay a fee?
The amount of the fees charged is specified in the Regulation of the Minister of Justice of 18 June 2014 on fees for issuing information from the National Criminal Register. The fee is PLN 30 for a non-electronic inquiry or PLN 20 for an electronic inquiry.
Detailed information on the amount and method of payment of fees is available on the website of the Ministry of Justice in the tabs:
https://www.gov.pl/web/krajowy-rejestr-karny/oplaty