salta al contenuto

Scheda pratica – Certificato penale del casellario richiesto dal datore di lavoro

Practical information – Certificate of criminal record asked by the private employer

The certificato penale del casellario giudiziale (certificate of criminal records), asked by the private employer as provided by the art. 25-bis t.u. contains:

  • every convictions for the crimes provided by the artt. 600-bis, 600-ter, 600-quater, 600-quater.1, 600-quinquies and 609-undecies of the codice penale (criminal code);
  • every interdictions from schools of any level and in general any activity consisting of direct and regular contacts with minor of 18 years.

It has to be requested:

  • by any private employer, as well as any volunteering organization/association, when employing a person in professional or volunteering activities with minors, only when it is intended to subscribe a work contract (not even for simple cooperation);

It does not need to ask a new certificate when the first one expires or for people already employed at the entry into force of the relevant law (legislative decree n. 39/2014, in force since April 6, 2014).

The request has to be made by the employer with a valid identity document, or a delegated by him, using the “modello 3-bis” (form 3-bis).

The request ccan be produced also by mail, enclosing a copy of a valid identity document.

This certificate can be reserved on line (please look at the “Scheda pratica- Prenotazioni on line dei certificati casellario”).

The certificate is valid for 6 months from the date of issue.

Cost of the certificate:

Each certificate requires payment, by means of duty stamps, of the following sums:

  • € 3.87 for diritti di certificato [certificate fee]; and
  • € 16.00 for bollo [stamp duty] (n.b.: one stamp duty every two pages of the certificate)

Certificates to be issued on the same day of the request require the additional payment of:

  • € 3.87 for diritto d’urgenza [urgency fee]

Please note that the certificate is issued free i.e. exempt from payment of both marca da bollo [stamp duty] and diritti di certificato, if needed, among others, for the following purposes:

  • proceedings concerning adoption and fostering of children (Art. 82 of Law 184/83)
  • disputes concerning labour, or mandatory welfare and social security matters (Art. 10 of Law 533/73)
  • proceedings where the person concerned has been granted legal aid (art. 18 of D.P.R. 115/2002).
  • an application for the riparazione dell’errore giudiziario [judicial redress] (Art. 176 of code of criminal procedure - enforcement provisions)

However, if the certificate is needed for any of the purposes indicated in Annex B to the Decree of the President of the Republic no. 642/72, it is exempted only from payment of marca da bollo [stamp duty].

  • by any public administration or authority managing a public service for the same purposes already mentioned, provided that they intend to subscribe a work contract for the same activities as above. In this case no payment is due.

In this case the request has to be made through the “modello 6-A” (form 6-A), already used by public administrations. In case of massive request it is possible to follow the “procedura massiva/CerPA” (massive procedure/Certification for Public Administration), using a specific application to be asked at the the “ufficio locale del casellario” (local offics of the Judicial Record).

Nota bene: Please be advised the acknowledgement of every convictions, and any forbiddances because of them, all over the EU is only possible by acquiring the “certificato del casellario giudiziale” [certificate from the Judicial Records Register] together with the “certificato del casellario europeo” [certificate from the European Judicial Records Register] or, if the case, with the “informazione con valore legale” [legal information about final criminal convictions] (not yet available to be reserved on line), in compliance with the relevant European law (Framework Decision GAI/315/2009 and Decision GAI/316/2009, carried out by the Italian the Decrees nn. 74/2016 and 75/2016).

For recapping, please look at the table below:
CERTIFICATO CASELLARIO GIUDIZIALE
(Certificate from the Judicial Records Register)
CERTIFICATO CASELLARIO GIUDIZIALE EUROPEO
(Certificate from the European Judicial Records Register)
ITALIAN CITIZENS
Artt. 24/25 t.u. Art 25-ter, par. 1, t.u.
EUROPEAN CITIZENS
Artt. 24/25 t.u. “Informazione” (art 25-ter, par. 2, t.u.)
NON EU CITIZENS
Artt. 24/25 t.u. “Informazione” to be asked via ECRIS to the countries the person concerned have stayed in

The same rules for validity and costs of the certificate for the employment apply also to the “certificato del casellario europeo” [certificate from the European Judicial Records Register].

Last update: 01/08/2018
 

 

Did you find what you were looking for?