Convictions entered in the Central Criminal Register

In accordance with section 4 of Federal Central Criminal Register Act, final rulings are to be entered in the Central Criminal Register by means of which, in respect of an unlawful act, a German court

imposes a sentence,
orders a measure of security and rehabilitation,
cautions a person in accordance with section 59 of the Criminal Code (Strafgesetzbuch) on reservation of punishment, or
has found a juvenile or adolescent guilty in accordance with section 27 of the Youth Courts Act (Jugendgerichtsgesetz)

in the area of application of the Federal Central Criminal Register Act.

Furthermore, in accordance with section 54 subs. 1 of the Federal Central Criminal Register Act, criminal law convictions which were not handed down by German courts in the area of application of this Act are entered in the Register if

the convict is a German or was born or is resident in the area of application of the Federal Central Criminal Register Act,
a sentence or measure of security and rehabilitation could also have been imposed in accordance with the law applicable in the area of application of this Act, regardless of any procedural obstacles, owing to the facts on which the conviction was based, or their analogous equivalent,
the sentence has final force.

If a conviction meets the preconditions of section 54 subs. 1 No. 2 of the Federal Central Criminal Register Act only with regard to a part of the sentenced act or acts, the entire conviction is entered, section 54 subs. 2 of the Federal Central Criminal Register Act.

General note Foreign convictions

Treatment under the law on registers of criminal prosecutions which have been handed down by foreign agencies is set out in sections 54, 55 and 56 of the Federal Central Criminal Register Act.

Particular significance attaches to the fact that the Federal Office of Justice may not effect a legal and content examination of the foreign ruling in this context. An objection alleging that the conviction had been wrongly carried out cannot be taken into consideration in the procedure for creating an entry. An examination of the conviction that has been entered can only be carried out in the state whose authorities took the decision, by submitting the appeals that are admissible in accordance with the law of that state. If the Federal Office of Justice is informed of the rescission of a foreign conviction, it is removed from the Register.