legal ground
According to the relationship law, released prisoners should enjoy the same rights as other citizens. According to Article 35 of the Prison Law, a prisoner shall be released on schedule after serving his sentence, and a release certificate shall be issued. Article 36 After a prisoner is released from prison, the public security organ shall register his household registration with the release certificate. Article 37 Local people's governments shall help released prisoners to settle down. The local people's government shall give relief to the released prisoners who have lost their ability to work and are unable to determine their dependents and basic sources of livelihood. Article 38 Persons released from prison shall enjoy equal rights with other citizens according to law.
Main contents of criminal record system
(A) the establishment of criminal information database
In order to strengthen the effective management of criminal information, relying on the existing network and resources of political and legal organs, public security organs, state security organs, people's procuratorates and judicial administrative organs have established relevant record information databases and realized interconnection, and a unified national criminal information database will be established when conditions are ripe.
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.
(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.
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" of the party and the state, and effectively help young people who have lost their feet to return to society, according to the relevant provisions of the Criminal Procedure Law and the reality of the protection of minors in China, a system of sealing up juvenile criminal records should be established, and the criminal records of minors who were under 18 years old at the time of committing crimes and were sentenced to fixed-term imprisonment of less than five years should be sealed up. 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.
(five) clear responsibility for illegal handling of criminal information.
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 as required, 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. Those who fail to register criminal information, provide inquiry services, or disclose criminal information in violation of regulations, if the circumstances are serious or cause serious consequences, shall be investigated for the responsibility of relevant personnel according to law.
Units and individuals that use criminal information shall use relevant information according to the purpose of inquiry and keep criminal information confidential. If the information of criminals is not used as required, and the circumstances are serious or cause serious consequences, the relevant personnel shall be investigated for responsibility according to law.