Extract from the criminal record of a legal person

This page was last modified on 01-02-2017

An extract from the criminal record (or police record) is a copy from the national criminal records register which is used to check a person's criminal background (a natural or legal person). The criminal record shows if a person has been convicted in the past or not.

For instance, it will allow an applicant to provide adequate guarantees of good conduct and integrity in the context of an application for a business permit.

The criminal records register contains the sentences pronounced by the Luxembourg criminal jurisdictions and may also contain sentences pronounced abroad.

As a matter of fact, according to the European Criminal Records Information System (ECRIS) and for the purposes of centralisation, the sentences pronounced in an EU Member State are automatically notified to the Member State in which the legal person has established its registered office.

The extract from the criminal record of a legal person can be requested:

  • online, email, post or fax;
  • in person, at the Criminal records department in Luxembourg city.

The Criminal records department (Service du casier judiciaire) issues extracts from the criminal record free of charge to natural persons and legal persons who request an extract. It will also issue extracts from the criminal record to certain administrations authorised by Grand-Ducal regulation, but who must nevertheless first obtain the concerned person's approval.

The extracts from the criminal record are in French.

Forms / Online services

Carry out your procedure:

  • With an online service

    • Extract from the criminal record of a legal person - online service

Who is concerned

Each legal person with their effective registered office in Luxembourg can request an extract from their criminal record. Extracts from the criminal record of legal persons having their effective registered office abroad must be applied for to the competent authorities in the country concerned.

An extract from the criminal record may have to be provided:

  • in the case of an application for a business permit in order to access certain professions;
  • to access a profession in the healthcare sector;
  • in response to an employer's request within the frame of a recruitment process or the management of personnel, e.g. when someone is employed:
    • to carry out a professional or voluntary activity which includes regular contact with minors (special record "Protection of minors");
    • for certain professions (private sector, private security, cash transportation, etc.);
  • in response to a public procurement contract (extract from the criminal record of the legal person if it concerns a company, or of the natural person in the case of a sole trader), etc.

Costs

The extract from the criminal record is issued free of charge to the natural or legal person who applies for it.

How to proceed

Extract from the criminal record of a legal person

Online application

Applicants can submit a request for an extract from the criminal record of a legal person online, by signing the request electronically with a Luxtrust certificate and by submitting it via MyGuichet (business eSpace) together with:

  • a scanned copy of the applicant's identity cardpasseport or residence permit;
  • a recent extract from the Trade and Companies Register providing proof that the applicant is duly authorised to act and sign on behalf of the company.

The applicant must indicate the number of extracts needed.

If the criminal record is "clean", the extract will be sent by post to the address of the company's registered office.

Request via email, fax or post

Applicants can submit a request (on plain paper) for an extract from the criminal record of a legal person by email, fax or post to the Criminal records department together with:

  • a legible copy of their identity card, their passport or their residence permit;
  • a recent extract from the Trade and Companies Register providing proof that the applicant is duly authorised to act and sign on behalf of the company.

The applicant must indicate the number of extracts needed.

If the criminal record is "clean", the extract will be sent by post to the address of the company's registered office.

Application in person at the Criminal records department in Luxembourg city

Applicants can request an extract from the criminal record in person at the Criminal records department. They have to present:

  • their identity card, their passport or their residence permit;
  • a recent extract from the Trade and Companies Register providing proof that the applicant is duly authorised to act and sign on behalf of the company.

The applicant must indicate the number of extracts needed.

Applicants will then receive the requested extract from the criminal record on the spot.

Extract from the criminal record with a criminal sentence

It must be noted that the Criminal records department will only send the extracts from the criminal record by post if the criminal record is clean.

Applicants with a criminal sentence in their extract will be informed by post that they must present themselves in person to the Criminal records department (Service du casier judiciaire) to collect the extract.

It is possible to mandate a third party to collect the extract at the Criminal records department by providing them with a written power or attorney.

Applicants (natural or legal persons) have to provide proof of their identity, and eventually of their capacity, when they collect the extract at the Criminal records department.

They must present themselves with:

  • their identity card, their passport or their residence permit;
  • a recent extract from the Trade and Companies Register providing proof that the applicant is duly authorised to act and sign on behalf of the company.

Sentences registered in the criminal record

The criminal records register contains the sentences pronounced by the Luxembourg criminal jurisdictions and may also contain sentences pronounced abroad. In accordance with the European Criminal Records Information System (ECRIS) and for the purposes of centralisation, the sentences pronounced in an EU Member State are automatically notified to the Member State in which the legal person has established its registered office.

The register is kept by the public prosecutor's office, in the form of an electronic file, under the responsibility of the State Public Prosecutor.

The criminal record namely contains:

  • irrevocable sentences for correctional or criminal offences handed down in Luxembourg;
  • irrevocable sentences for summary offences (peine de police), other than in respect of parking, handed down in Luxembourg;

irrevocable sentences for correctional or criminal offences handed down by foreign jurisdictions are recorded in the criminal records register provided that:

  • the convicted legal person has its effective registered office in Luxembourg;
  • the sentence is notified by means of an international convention;
  • the punishable act is deemed to be a correctional or criminal offence under Luxembourg law.
In the event of dispute concerning the sentences shown in the criminal record, an appeal can be made to the Council Chamber of the Court of Appeal.

If a criminal conviction is overturned, the relevant record is deleted from the criminal record within 5 to 20 years (depending on the gravity of the punishment). The overturning of a conviction puts an end to all incapacities and forfeitures hitherto resulting from said conviction.

The judicial discharge is then established as of right, or granted upon request to the council chamber of the Court of appeal.

Sentences handed down by foreign courts are deleted from the Luxembourg criminal record if the country of prosecution provides notification of the convictions being removed from the criminal record or of their judicial discharge.

Content of the different criminal records issued

The Criminal records department issues the following records.

Record no. 1

Content of record no. 1

Record no. 1 in the criminal records register of a legal person shows all the sentences handed down in respect of said legal person.
 
Issuing record no. 1

Record no. 1 of a legal person is issued to the judicial authorities within the framework of a criminal procedure.

It will also be issued to the lawyer assisting or representing the legal person concerned as a defendant before a court, or, in the absence of a lawyer, to the legal representative of the legal person (e.g. the company director). In this case, the criminal record certificate is not issued by the Criminal Records Department, but by the secretariat of the jurisdiction concerned.

Record no. 2

Content of record no. 2

Record no. 2 in the criminal records register of a legal person shows all the correctional or criminal sentences handed down in respect of said legal person. The record will show the following sentences:

  •     fines (with the exception of suspended sentences);
  •     the confiscation of property belonging to the legal person;
  •     exclusion from participation in public procurement contracts; and
  •     dissolution of the legal person.

Issuing record no. 2

Record no. 2 is issued on request to state and communal administrations and to public legal persons, presented, within the framework of their statutory tasks, with an application from the legal person concerned, provided said legal person has given a written consent on paper or by electronic means with regard to the issue of the record.

Record no. 3

Content of record no. 3

Record no. 3 in the criminal records register of a legal person shows all the correctional or criminal sentences handed down in respect of said legal person.
 
These are the same sentences as those in record no. 2, except for sentencings to a fine of EUR 25.000 or less or to several fines whose total amount is EUR 25.000 or less.
 
Issuing record no. 3

With respect to legal persons, record no. 3 is issued:

  • either to a person who is authorised to act and sign on behalf of the legal person concerned, and who can present a valid identity document and a recent extract from the Trade and Companies Register;
  • or to a third party who can present a recent extract from the Trade and Companies Register, a power of attorney from a person who is authorised to act and sign on behalf of the legal person concerned and a copy of a valid identity document from the signatory of the power of attorney.

Record no. 3 is issued on request to state and communal administrations and to public legal persons, presented, within the framework of their statutory tasks, with an application from the natural or legal person concerned, provided said person has given his/her approval with regard to the issue of the record.

Issuing criminal records to a foreign authority

Extracts from the criminal record can be issued, under certain conditions, to the competent authorities in EU Member States or to the competent authorities in third countries within the framework of international conventions.

Who to contact

The Public Prosecutor's Office
Cité judiciaire - Building BC - 1st floor
L-2080 - Luxembourg
Luxembourg
Phone: (+352) 47 59 81-346
Fax: (+352) 47 59 81-248
Email casier.judiciaire@justice.etat.lu

Opening hours
8.30 - 12.00 and 13.00 - 16.30