If the registration error is caused by the public security organ or citizen's declaration error, the applicant shall provide relevant original evidence, certification materials and other true and effective original documents to correct it. Belonging to organs, organizations, schools, enterprises and institutions, there must be a certificate that the organization and personnel department of the unit has approved the change.
The basis of original birth records includes: original medical certificate of birth, registration form of permanent residents, household registration certificate, household registration certificate, resident ID card, ID card coding table, household registration book, household registration book of birth change and other authoritative original documents.
Audit certification materials to be provided:
(1) written application of the applicant;
(2) the applicant's household registration book and resident identity card;
(3) Original documents and materials to prove the age error (original medical certificate of birth, household register recording the original date of birth, household register, etc.). );
(4) Written certification materials issued by the village (neighborhood) committee where the applicant is located. If the applicant has a fixed occupation, the employer also needs to issue written proof materials; If the applicant is a student at school, a written certificate from the school is also required;
Processing steps:
(1) The applicant shall go to the police station where his permanent residence is located with the above materials. After accepting the application, the police station shall fill in the Application Form for Change and Correction of Account Matters, and the police and director of the responsible area shall investigate and verify the supporting materials provided by the applicant and put forward opinions, and report them to the competent leader of the county bureau until the competent leader of the municipal bureau approves them (the approval authority may be slightly different everywhere).
(2) If the application is approved, the applicant will change the date of birth and ID number in the household registration information in the household registration room of the police station where the permanent residence is located, reprint the household registration book, and apply for an ID card with the new household registration information.
Extended data
On May 20 13, the defendant Jiang was caught red-handed by the public security organs for theft. The date of birth recorded on his ID card was1June 9, 1994, but Jiang confessed that his actual date of birth was1July 22, 1996.
Some people think that the resident identity card is the legal identity document of the country, and whether the defendant Jiang has reached the age of criminal responsibility should be judged on the basis of the registration date of the identity card.
I disagree with this view for the following reasons:
1, reasonable doubt about the age recorded in the defendant Jiang's identity card cannot be ruled out. Article 104 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "The authenticity of evidence shall be comprehensively examined.
The probative force of evidence should be examined and judged according to the specific circumstances, from the degree of correlation between evidence and facts to be proved, and the relationship between evidence. Evidence is intrinsically related, and only when * * * points to the same fact to be proved, and there are no unavoidable contradictions and unexplained problems, can it be used as the basis for finalizing the case. "
Defendant Jiang was born at the end of last century, when China strictly implemented the family planning policy. His parents reported that Jiang's birth date was advanced by two years in order not to be fined when he declared his household registration, which was in line with the actual situation in rural China at that time.
And the testimony of a large number of other witnesses is inconsistent with the records in the ID card. It cannot be ruled out that the defendant Jiang was under 18 years old when he committed the crime, and should be mastered according to the principle of "no doubt".
2. A chain of evidence can be formed between the testimonies that prove the defendant's actual age. Documentary evidence alone cannot confirm the sentencing facts of a case, and the evidence chain rule, that is, the mutual confirmation rule, must be implemented in determining the facts of a case.
In this case, in addition to the testimony provided by Jiang's parents, Jiang's neighbors and relatives all provided testimony to confirm that Jiang was born in 1996, and the evidence can confirm each other. The court found no perjury.
3. It is presumed that Jiang was under the age of 18 when he committed the crime, which is in compliance with the law. The first paragraph of Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases stipulates: "If there is insufficient evidence to prove that the defendant has reached the legal age of criminal responsibility when committing the alleged crime, it shall be presumed that he has not reached the corresponding legal age of criminal responsibility."
In this case, due to the limitation of rural medical and health conditions, it is impossible to find the original birth certificate of the defendant Jiang and find out his exact age.
If calculated according to the age recorded in Jiang's ID card, Jiang was over 18 years old when he committed the crime, and the result of criminal punishment will be very different. In order to better protect the legitimate rights and interests of juvenile defendants, according to the provisions of this article, it should be presumed that Jiang was under 18 years old when he committed the crime.
Reference: People's Network? The age recorded in the identity card is doubtful, and it is presumed that the age of criminal responsibility has not been reached.