Criminal record generally refers to a person’s past record of illegal and criminal behavior. Also known as the criminal record system, in Chinese law, it generally refers to the archival records of criminal records. Criminal files are generally stored in the public security department.
Criminal detention will leave a criminal record that will accompany you throughout your life. Our country currently does not have a system to eliminate criminal detention records. As long as it exists, it will be accompanied by life, but it does not exist in an open form. It can only be produced and used when the public security organ or the People's Procuratorate needs to investigate and review.
If a person was under the age of 18 at the time of committing a crime and is sentenced to a fixed-term imprisonment of less than five years, the relevant criminal records shall be sealed. If criminal records are sealed, they may not be provided to any unit or individual except for the needs of judicial organs for case handling or for inquiries by relevant units in accordance with national regulations. Units conducting inquiries according to law shall keep sealed criminal records confidential.
Legal Basis
Criminal Law of the People's Republic of China
Article 100 Criminal Record Reporting System Persons who have been criminally punished in accordance with the law shall truthfully report their circumstances to the relevant units. Anyone who has received criminal punishment while enlisting in the military or being employed must not conceal it.
Persons who were under the age of 18 at the time of the crime and sentenced to fixed-term imprisonment of less than 5 years are exempt from the reporting obligations stipulated in the preceding paragraph.
Criminal Procedure Law of the People's Republic of China
Article 173: When reviewing a case, the People's Procuratorate shall interrogate the criminal suspect and listen to the defender or lawyer on duty, the victim and his or her attorney ad litem. opinions and record them. If the defender or lawyer on duty, the victim and his or her litigation agent submit written opinions, they shall be attached to the file.
If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall inform him of his litigation rights and the legal provisions on confession and punishment, and listen to the criminal suspect, defender or lawyer on duty, the victim and his litigation agent on the following matters: Opinions, and recorded in the record:
(1) The alleged criminal facts, charges and applicable legal provisions;
(2) Suggestions on lenient, reduced or exempted punishment;< /p>
(3) Procedures applicable to case trials after guilty pleas and punishment;
(4) Other matters requiring hearing of opinions.
When the People's Procuratorate listens to the opinions of the duty lawyer in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the duty lawyer to understand the relevant circumstances of the case in advance.