Significant changes have been made to the regulation on 'Maintaining and Releasing Police Records,' introducing new provisions for expunging case files. Under the amended rules, when the Prosecutor General's office decides not to press charges in a criminal case, the head of the police records department can authorize the destruction of case documents within one year of that decision.
Additionally, for completed investigations into minor criminal offenses where there's insufficient evidence for prosecution, records can be expunged within one year of the case being filed. This requires a written endorsement from both the investigator and their supervisor, confirming that new evidence is unlikely to emerge given the case's nature and circumstances.
Before any documents are destroyed, Article 23 mandates that all case files must be scanned, and the destruction process must ensure the documents cannot be copied or reproduced. This amendment marks the first revision to Regulation No. R-105/2021 since its inception, providing clearer guidelines for record management while maintaining proper documentation protocols for ongoing cases.
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