First, the issuance procedure.
1. Go to the police station where the household registration is located and fill in the application form of Certificate of No Criminal Record (None). This is roughly what the title of the table means.
2. Seal the location of the archives and household registration. At the same time, take the household registration book and ID card in your hand.
3. Go to the household registration section of the police station where the household registration is located, hand in a copy of the ID card and household registration book, and show them the original household registration book and ID card.
You can get the certificate of no criminal record within three working days. Be sure to bring a receipt when you get the certificate. "Criminal record information management and inquiry" The criminal record information management organ shall provide criminal information inquiry services to the society in strict accordance with the qualifications and conditions stipulated by laws and regulations such as continuing education, enlistment and employment.
Inquiry of state organs: The state organs inquire about criminal information from the criminal information registration organ according to the needs of handling cases, and the relevant organs shall cooperate. Of course, the relevant procedures still have to be fulfilled.
Lawyers' right to inquire about criminal records: 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.
Ordinary citizens' inquiry authority: ordinary citizens are not allowed to inquire about other people's criminal record information at will. If it is really necessary to inquire about other people's criminal information, it shall provide corresponding written materials (mainly for the purpose of inquiry) according to the requirements of the information management organ, and can inquire about relevant criminal records after examination and approval.
Second, how to distinguish guilty evidence from innocent evidence?
According to whether the proof function of evidence is to confirm or deny that criminal suspects and defendants have committed criminal acts, evidence can be divided into guilty evidence and innocent evidence.
The classification of guilty evidence and innocent evidence should pay attention to the following issues:
First of all, it is sometimes difficult to determine whether an evidence material or evidence fact is guilty evidence or innocent evidence. Only by combining other evidence can its probative effect be determined. Some evidence materials were considered as guilty evidence at the filing stage, but with the advancement of the procedure, it was found that they were not guilty evidence after investigation.
Second, due to the complexity of the case, sometimes an evidence material contains both the content of guilty tendency and the content of innocent tendency. At this time, it is necessary to further collect other evidence materials to find out whether it belongs to guilty evidence or innocent evidence. If a person admits that he has caused serious harm to a person, but claims that his behavior is self-defense, it belongs to this kind of evidence.
Under normal circumstances, when a criminal fact is sentenced, it will leave a criminal record. At present, some units need to issue criminal records. At this time, they can apply to the public security organ. Usually it can be done in three working days, but online application is not allowed.
legal ground
Opinions on Establishing Criminal Record System for Criminals
second
(1) Establishing a database of criminal information In order to strengthen the effective management of criminal information, relying on the existing networks and resources of political and legal organs, the public security organs, the state security organs, the people's procuratorates and the judicial administrative organs respectively establish databases of relevant records and realize interconnection, and when conditions are ripe, establish a national unified database of criminal information.
(2) Establish a criminal information notification mechanism.
The people's court shall promptly notify the criminal information registration authority of the relevant information such as the effective criminal judgment documents.
(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 criminal record inquiries.
When providing criminal information inquiry services to the society, the above-mentioned organs shall strictly follow the provisions of laws and regulations on the qualifications and conditions for continuing education, enlistment and employment.