Decision of the Governing Council on the Criminal Record and the Control of Penalties

1. The Cantonal Investigation Office operates as a cantonal authority under the supervision of the Cantonal Police Directorate

a) the criminal register prescribed in Art. 359 lit. b of the Swiss Criminal Code in accordance with the provisions of the Swiss Criminal Code and the Federal Criminal Records Ordinance;

b) the cantonal criminal control in accordance with the regulations of this decree.

1. The cantonal penal register shall record all individuals who have been convicted by the authorities of the Canton of Appenzell I. Rh., as well as all convicted citizens of the canton, provided one of the conditions pursuant to paragraph 2 of this article is fulfilled.

2. The cantonal penal register shall include

a) Convictions for violations of cantonal regulations that result in a prison sentence or a fine of more than CHF 500.--, including any ancillary penalties and measures;

b) Administrative custodial measures and expulsions from the canton;

c) The fact that the conviction was pronounced with conditional suspension of the sentence or with the order for early deletion of the fine;

d) Facts that cause a modification of existing entries, particularly the deletion of the judgment and the revocation of the conditional sentence suspension;

e) Facts concerning the execution of the recorded sentences or measures, particularly the conversion of fines into detention, remission of fines, pardons, amnesties, and the annulment of a judgment in retrial proceedings.

1. The following are not recorded in the cantonal criminal register

a) Fines and reprimands against juveniles under 18 years old;

b) Fines for violations of the Federal Act of December 19, 1958, on Road Traffic, its implementing provisions and ancillary decrees, which must be recorded in the criminal register of the authority responsible for road traffic of the offender's canton of residence in accordance with Art. 32 paras. 2 and 3 of the Federal Council Decree of August 27, 1969, on Administrative Implementing Provisions to the Road Traffic Act, and measures which must be reported to the Police Department of the Federal Department of Justice and Police in accordance with Art. 33 of the said Federal Council Decree;

c) Regulatory and disciplinary penalties.

2. Unless this Decree expressly provides otherwise or the nature of the matter indicates otherwise, the provisions of federal law and of this Decree concerning the criminal register shall apply mutatis mutandis to the cantonal criminal register.

1. The courts, as well as the competent administrative authorities and agencies of the canton, the districts, and municipalities, shall report to the cantonal investigation office within one month after the judgments and orders, which are to be recorded in the criminal register or cantonal criminal control, become legally binding, along with all the information necessary for the entry. This also applies to facts that cause a change in the entries or relate to the execution of sentences and measures.

2. For these reports, the forms provided by the investigation office shall be used.

3. The criminal register officer shall review the incoming reports and promptly forward them to the competent authorities and agencies. They shall make the entries, and undertake the correction, update, and completion of the criminal register and criminal control, and issue extracts from the criminal register and criminal control.

4. Reports requiring entry into the cantonal criminal control of Canton Appenzell Inner-Rhoden, which concern out-of-canton Swiss citizens or cantonal citizens who retain citizenship of another canton, shall be forwarded to the cantonal criminal control of the relevant home canton.

1. If, based on a judgment notification, it is determined that a person already registered in the criminal record or in the cantonal criminal control register, who has been granted a suspended sentence, conditional release, or conditional pardon, or whose decision pursuant to Art. 97 of the Swiss Criminal Code has been postponed, has committed actions during the probation period that could lead to a revocation, and if such revocation has not already been effected by the judge who assessed the offense committed during the probation period, then the criminal record keeper shall report the probation failure to the authority responsible for the revocation in the Canton of Appenzell Inner Rhodes, to which it must also forward recidivism reports from the Swiss Central Police Bureau and other cantons in the same manner.

2. If the authority of another canton is responsible for the revocation, the notification of the probation failure shall be sent to the criminal record authority of that canton.

1. The authority responsible for the revocation shall conduct the necessary inquiries into the facts that may be relevant to its decision, such as obtaining the records of the case that justifies the revocation, obtaining a police conduct report, etc., and shall give the convicted person an opportunity to respond, either orally or in writing, to any findings from its investigations that may be unfavorable to him.

2. It may delegate these tasks to the cantonal investigative office. An oral hearing before the deciding authority generally does not take place.

3. If the judge who must assess the offense committed during the probation period is responsible for the revocation, the necessary investigations and inquiries, as well as the granting of the right to be heard, shall take place in the relevant investigative and judicial proceedings.

1. The deletion of a criminal judgment or a penal order is, subject to the exceptions provided in federal and cantonal law as well as in the following provisions of this decree, the responsibility of the criminal authority that issued the judgment or order in the last instance.

2. The deletion is carried out

a) in cases of conditional sentencing, upon ordering the early deletion of a fine, and in cases of conditional deferral of the decision, after the imposed or extended probation period has expired, provided the convicted person fulfills the legal requirements for early deletion;

b) in cases where none of the conditions according to lit. a apply or if the conditional sentencing or the conditional deferral of the decision has been revoked, or the early deletion of the fine has been definitively refused, after the time limits specified in Art. 80 para. 1 of the Swiss Criminal Code (SCC) have elapsed;

c) in the cases listed under lit. b, deletion upon application by the convicted person in accordance with Art. 80 para. 2 SCC (rehabilitation) is also possible.

1. For the purpose of early deletion in accordance with Article 7 Paragraph 2 Letter a of this decision, the criminal record registrar forwards the relevant notifications from the Swiss Central Police Office or other cantons to the competent criminal authorities, insofar as he is not responsible for the deletion himself.

2. For the same purpose, he conducts an annual revision of the cantonal criminal records and reports the registered individuals whose probationary period has expired, as far as he is not responsible for the deletion himself, to the authority responsible for deletion, indicating whether and which convictions occurred during the probationary period. For individuals who are not citizens of Appenzell Innerrhoden, he attaches an extract from the criminal record and from the criminal records of the home canton. For persons who were not convicted in the Canton of Appenzell Innerrhoden, the relevant notification goes to the criminal record authority of the convicting canton. The criminal record registrar acts in the same manner if he identifies individuals whose probationary period has expired outside of the annual revision.

**1. Early Deletion as Defined in Art. 7 Para. 2 Letter a of This Decision**

The President of the competent authority may order early deletion, extension of the probation period, and denial of deletion in clear cases. In cases of doubt, he shall obtain the decision of the entire authority.

**2. Investigations Necessary for the Decision on Early Deletion**

For the investigations necessary for the decision on early deletion and the granting of the right to be heard in cases of an adverse outcome for the convicted person, the provisions of Art. 6 Paras. 1 and 2 of this decision apply mutatis mutandis.

**3. ...**

1. The deletion in the cases pursuant to Art. 7 para. 2 letter b of this resolution is carried out ex officio by the Criminal Records Officer after the expiration of the periods pursuant to Art. 80 no. 1 of the Criminal Code.

2. Custodial sentences, fines, ancillary penalties, and measures imposed under cantonal law, which are not subject to early deletion, shall be deleted ex officio from the cantonal criminal register after ten years have elapsed since the issuance of the final judgment or order.

1. In the case of rehabilitation, the judgment is expunged based on the final decision of the competent authority.

2. For rehabilitation concerning convictions under cantonal law, the provisions of Articles 77-79, 80 section 2, and 81 of the Criminal Code apply accordingly.

3. The procedure is governed by Articles 82-83 of the Code of Criminal Procedure.

1. For the deletion of foreign judgments and penal orders in the criminal register and in the cantonal criminal record for citizens of Appenzell, the District Court of Appenzell is responsible, and for citizens of Oberegg, the District Court of Oberegg is responsible.

2. The provisions of Articles 7-11 of this decree apply mutatis mutandis.

1. For the Purging of the Criminal Register and Cantonal Penal Control, the following are to be removed and destroyed from it: the personnel files and the related records of entry for

a) Persons whose death is reported by an authority;

b) Persons who have reached the age of 80;

c) Persons who have only been sentenced to imprisonment, fines, or reprimands, provided that no new convictions have been reported within 15 years.

2. If the personnel files contain other annotations, the entries to be removed must be rendered illegible.

3. This purging is to be carried out once a year.

1. For obtaining extracts from the criminal register and from the cantonal criminal records for official purposes, in addition to the judicial authorities, the following are entitled

a) the Council of State;

b) the guardianship authorities;

c) the cantonal motor vehicle control;

d) the cantonal police office in its capacity as the foreign police and as the authority for issuing police permits;

e) the district councils.

2. Criminal register and criminal record extracts are issued to out-of-canton authorities and offices if they are entitled to obtain such extracts under the laws of their canton.

3. An extract from the cantonal criminal records must always accompany the extract from the criminal register.

4. Deleted criminal convictions may only be communicated in the criminal register and criminal record extracts to investigative offices and criminal courts, subject to differing federal legal provisions, if the person about whom information is requested is a suspect in the criminal proceedings. Attention must be drawn to the deletion.

1. Extracts from the criminal register or the cantonal criminal records may not be provided to private individuals through third parties.

2. However, everyone has the right to request extracts from the criminal register and criminal records concerning themselves, provided they can verify their identity. Deleted past convictions should not be included in these extracts.

3. The provisions of the Federal Criminal Records Ordinance regarding the issuance of character references apply mutatis mutandis to the cantonal criminal records.

1. A fee of CHF 5.-- shall be charged for the issuance of criminal record extracts and criminal control extracts at the request of private individuals or authorities in a civil process, with the exception of defamation cases.

2. The fee may be waived in cases of proven indigence.

1. This Resolution of the Standing Commission shall enter into force immediately and shall replace that of September 25, 1943.