Criminal record refers to a person's record of past crimes or criminal acts, also known as "criminal record". Personal criminal records, stored in local or national archives, are historical substitutes of natural persons.
Article 275 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a person was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed.
If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
Extended data:
The main contents of the criminal filing system:
(1) Establish a criminal information database.
In order to strengthen the effective management of information crimes, public security organs, state security organs, people's procuratorates and judicial administrative organs should establish relevant information databases to realize interconnection. Political and legal organs relying on existing networks and resources will establish a national unified crime information database when conditions are ripe.
The information entered by the criminal information registration organ shall include the basic information of the criminal, the procuratorial organ (private prosecutor), the name of the judicial organ, the number of the judgment, the date when the judgment was finalized, the charges, the penalty imposed and the execution of the penalty.
(2) Establish a criminal reporting mechanism.
The people's court shall promptly notify the criminal information registration authority of the relevant information such as the effective criminal judgment documents. Prisons and detention centers shall promptly deliver the notice of released prisoners to the criminal information registration organ at the place where the released prisoners have their household registration.
After the expiration of the correction of community prisoners, the judicial administrative organ at the county level shall deliver the Notice of Correction to the criminal information registration organ where the corrected person's household registration is located. According to the needs of handling cases, state organs should inquire about relevant crime data from the criminal staff information registration authority, and the relevant authorities should cooperate.
(3) Standardize the criminal information inquiry mechanism.
Public security organs, state security organs, people's procuratorates and judicial administrative organs are respectively responsible for accepting, examining and handling applications for inquiring criminal records.
When providing criminal information inquiry services to the society, the above-mentioned organs shall strictly abide by the provisions of laws and regulations on admission conditions, enlistment conditions and employment conditions.
In order to perform defense duties according to law, defense lawyers should be allowed to inquire about the criminal records of criminal suspects and defendants in this case, except that criminal records involving minors are sealed by law enforcement agencies.
(4) Establish a system of sealing juvenile criminal records.
In order to further realize the policy of "education, probation and salvation" and the principle of "combination of education and punishment" of the party and the state, and help problem of juvenile return to society, according to the relevant provisions of the Criminal Procedure Law and the actual situation of the protection of minors in China, a storage system for minor crimes is established;
The criminal records of minors under the age of 18 at the time of committing the crime and sentenced to fixed-term imprisonment of not more than five years shall be sealed up. After the criminal record is sealed, it shall not be provided to any unit or individual, except that the judicial organ handles the case in accordance with state regulations or the relevant unit needs to inquire. Units that inquire according to law shall keep the sealed criminal records confidential.
Juvenile criminal records can be kept by law enforcement agencies as work records.
(5) Clarify the responsibility of illegal and criminal information processing.
The department responsible for providing criminal information and its staff shall provide relevant information to the criminal information registration authority in a timely and accurate manner. Failing to provide information in accordance with regulations or deliberately providing false or forged information, if the circumstances are serious or cause serious consequences, the relevant personnel shall be investigated for responsibility according to law.
The department responsible for the registration and management of criminal information and its staff shall carefully register and properly manage criminal information. If a criminal commits an unregistered information crime as stipulated in this Law, or provides consulting services, or commits a crime of leaking information in violation of this Law, if the circumstances are serious or cause serious consequences, the responsibility of the relevant personnel shall be investigated.
References:
Baidu encyclopedia-criminal record