Only criminal offences will be recorded in the archives and can be found online. Records also refer to criminal records, generally referring to the records of a person's past crimes or criminal acts. Also known as the criminal record system, in our country's law, it generally refers to the archival records of criminal records, which are generally kept in the public security department.
Two conditions must be met for filing a case:
1, criminal facts exist;
2 criminal facts shall be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility shall not be investigated, the case cannot be filed.
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. Criminal record is an objective record of criminals by special state organs. Criminal record system is an important part of modern social management system. In order to meet the needs of economic and social development in the new era, further promote social management innovation, maintain social stability and promote social harmony, we now put forward the following opinions on establishing a criminal record system in China.
Criminal record system is a brand-new legal system in China. It will inevitably encounter various problems and difficulties in the process of establishment and implementation. Relevant departments should attach great importance to it, carefully organize it, conscientiously implement it, study and formulate specific implementation measures or detailed rules step by step in combination with the nature and characteristics of their own work, and constantly improve and perfect it in practice to ensure effective results.
legal ground
Article 112 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, promptly review the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.