legal ground
Notice issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.
Second, the main contents of the criminal record system
(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. The information entered by the criminal information registration authority shall include the following contents: the basic information of the offender, the names of the procuratorial organ (private prosecutor) and the judicial organ, the number of the judgment, the date when the judgment was finalized, the crime committed, the penalty imposed and the execution of the penalty, etc.
(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.
Prisons and detention centers shall promptly send the Notice of Released Prisoners to the criminal information registration authority where the released prisoners have their household registration.
The judicial administrative organ at the county level shall promptly send the Notice of Expiration of Corrections for Community Prisoners to the criminal information registration organ at the place where the corrections personnel are registered.
Based on the needs of handling cases, state organs should inquire about criminal information from the criminal information registration authority, and the relevant authorities should cooperate.
(III) Regulating the criminal information inquiry mechanism The 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. In order to perform the defense duties according to law, the defense lawyer asked to inquire about the criminal records of the suspects and defendants in this case, except that the criminal records involving minors were sealed by law enforcement agencies according to law.
(four) the establishment of juvenile criminal record keeping system.
In order to thoroughly implement the policy of "education, probation and salvation" and the principle of "education first, punishment second" by the Party and the state, and effectively help juvenile offenders return to society, according to the relevant provisions of the Criminal Procedure Law, combined with the reality of the protection of minors in China, we should establish a juvenile criminal record sealing system to seal the criminal records of minors under the age of 18 who have been sentenced to fixed-term imprisonment of not more than five years. After the criminal record is sealed, it shall not be provided to any unit or individual except for the needs of the judicial organs in handling cases or the inquiries made by the relevant units according to state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
Law enforcement agencies can keep criminal records of minors as work records.
Article 286 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.