The files of punishment always exist in the files of recidivists, and also play a warning role.
In this way, natural persons can be restrained and can also play a certain educational role. It can effectively reduce the number of cases caused by violating the criminal law, and new crimes will be counted as recidivists within five years and will be dealt with severely. It is basically impossible to eliminate the criminal responsibility records in the archives, that is, the so-called criminal records. It's just that there are some relevant regulations and judicial interpretations in some places, which think that juvenile offenders who can actively repent can seal their criminal records in the files, so the criminal records will accompany the parties for life.
Main contents of 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.
(II) Establishing a notification mechanism for criminals' information. The people's court shall promptly notify the criminal information registration authority of the effective criminal judgment documents and other relevant information. 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.
legal ground
Article 65 of the Criminal Law of People's Republic of China (PRC) * * * A criminal sentenced to more than fixed-term imprisonment who commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18.
The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.
Article 66 of the Criminal Law of People's Republic of China (PRC), a criminal who commits the crime of endangering national security, terrorist activities or organized crime of underworld nature commits one of the above-mentioned crimes at any time after the execution of the punishment or the pardon, and shall be punished as a recidivist.