1. After drug addicts are mastered by the police, they will be brought into the dynamic control system of drug addicts, which will be continuously monitored by the police and urine tests will be conducted irregularly. Drug addicts who have been detoxified in the community for three years can apply to the police to cancel the dynamic monitoring, but the relevant drug abuse records will not be eliminated.
2. For those who are subject to administrative punishment for taking drugs, illegal and bad information will also be filed in the police, and this record will not be eliminated. However, such records are not allowed to be consulted casually unless the judiciary and lawyers handle the case. As long as the parties seriously abide by the law and stop taking drugs, it will basically have no impact on their future lives.
According to Article 4 of the Drug Rehabilitation Regulations, the anti-drug committees established by local people's governments at or above the county level can organize public security organs, health administrative departments and drug supervision and administration departments to carry out drug abuse monitoring and investigation, and make the monitoring and investigation results public.
The public security organs of local people's governments at or above the county level are responsible for testing drug addicts, registering drug addicts according to law and implementing dynamic control, ordering community detoxification, deciding to isolate detoxification and ordering community rehabilitation according to law, managing public security organs to isolate detoxification places and rehabilitation places, and providing guidance and support for community detoxification and rehabilitation.
Extended data
Case:
Original title: Innocent criminal record is difficult to withdraw.
The identity was fraudulently used, and the young man was regarded as an "addict" for many years and could not take a driver's license. He has been investigated by the police more often.
□ This edition of the article Information Times reporter Chen Zikai
Yesterday, Mr. Zhu, a neighbor, reported that his identity had been fraudulently used, resulting in a record of "drug abuse" at the police station. In recent years, he was repeatedly asked by the police to go back for investigation and urine test. And this "oolong" also makes him very inconvenient in life. Recently, he was unable to take the driving test because of his criminal record. At present, Jiahe Street Police Station has accepted Mr. Zhu's request to cancel the case and started to collect relevant evidence.
Being repeatedly investigated as an addict
Mr. Zhu, born in 1983, is from Xiangshan Village, Hepu County, Guangxi. Since 2000, he has lived in Shiling Town, Huadu District, and worked as a mold worker in a leather factory. At the beginning of 20 10, Mr. Zhu registered his ID card in an Internet cafe in Shiling Town and went online. But before the stool was hot, several plainclothes policemen came and asked him to go back to the police station for investigation. "I was very puzzled at the time, and I didn't commit anything." Mr. Zhu said that he came out after receiving a urine test at the police station. At that time, it was the first time he entered the police station. He thought it was a routine sampling inspection by the police, so he didn't care too much.
Mr. Zhu said that as soon as he registered his identity card in the Internet cafe in the following years, plainclothes immediately came to ask him to go back and cooperate with the investigation. "After the Mid-Autumn Festival in 201,20 12 and 20 15, * * * was brought in by the Shiling police station three times." Mr. Zhu said that urine should be collected every time to check whether he is taking drugs.
Every time he stays in a different place by train or on a business trip, Mr. Zhu will always be treated "specially" by the police and the police-in addition to checking his luggage, he will be searched and even collected urine, which makes him feel particularly wronged. "Later, I was afraid. Travel to hotels can only find people who don't need to register their ID cards. I can only go to black Internet cafes on the Internet, and I can only find some small companies for work. "
My identity was originally used by my cousin.
Mr. Zhu said that when he was arrested around the Mid-Autumn Festival on 20 15, he asked the plainclothes policemen at the Shiling police station, "The police said you didn't know that you had a drug abuse record, so I was cheated at that time. I didn't even smoke. " Mr. Zhu said that the police told him that his identity might have been fraudulently used. Because of his busy work and the idea that more is better than less, Mr. Zhu didn't go further.
At the end of last year, Mr. Zhu applied for a driver's license in Guangxi. "The coach called and asked me if I was taking drugs." Mr. Zhu in Guangzhou quickly explained to the coach. "The coach said that you can't take the exam if you have a criminal record, unless you write a guarantee to admit taking drugs and promise not to take drugs again." At this time, Mr. Zhu realized that this "oolong" had to be corrected, and Mr. Zhu rushed back to his hometown overnight.
Mr. Zhu said that he ran back and forth several times in Guangzhou and Guangxi police stations, and finally found out that it was his cousin Zhu Dingxing who was arrested by Guangzhou Baiyun Jiahe Street police station in 2007. "Maybe my cousin carried my ID number and used my identity, which led me to take the blame." Mr. Zhu said that his cousin Zhu Dingxing was an "addict" who was criminally detained for drug trafficking, but died last year. Mr. Zhu questioned that the negligence of the police handling the case led to such a big "oolong".
The reporter compared the ID cards of Mr. Zhu and his cousin, and found that although their addresses were very close, the photos were completely different. You can tell at a glance that it's not the same person.
Mr. Zhu: I hope to issue a certificate of no criminal record first.
Afterwards, Mr. Zhu took his late cousin Zhu Dingxing's ID card and the original household registration book to the Jiahe Street police station to request the cancellation of the criminal record, and he was innocent. "The police station said that the policeman surnamed Feng had been transferred and could not be confronted." Mr. Zhu said that a policeman surnamed Xie told him that if he wanted to cancel his previous drug abuse record, he must provide the death certificate of the fraudulent user.
This means that Mr. Zhu will go to his hometown in Guangxi again. "And after the application materials are submitted, it will take 1 year at the earliest to complete the formalities." Mr. Zhu said that since it will be 1 year, I hope the police station can provide him with proof of no criminal record. "The police station doesn't agree, but it's not my fault. Why can't you give me a certificate? " Mr. Zhu feels very puzzled.
Police station: the complaint has been accepted and the evidence has been collected.
Yesterday morning 1 1, the reporter followed Mr. Zhu to the Jiahe Street Police Station in Baiyun District to learn about the situation. A policeman surnamed Yang received the reporter. Police officer Yang said that in order to cancel Mr. Zhu's criminal record, it is necessary to check the personal information, fingerprints or DNA of fraudulent users and complainants, and then report the relevant evidence to the superior system.
"Because we have no authority, we can only collect relevant evidence and report. If the superior confirms it, it will make a change. " Police officer Yang said that they can only speed up the collection of evidence and submit it to the higher authorities, but it is impossible to estimate how long it will take for the higher authorities to review it.
Due to the need of driving test, Mr. Zhu proposed to issue a certificate of no criminal record first, but police officer Yang said that because it is still impossible to verify whether what Mr. Zhu said is true, he can only provide an alarm receipt. As for the death certificate, the police station can communicate with the Guangxi police "public to public" and fax it so that Mr. Zhu doesn't have to go again.
At present, Jiahe police station has accepted Mr. Zhu's appeal and started to collect relevant evidence.
Lawyer: Relief measures should be started quickly.
In view of this, Deng Gang, a lawyer of Sheng Bang Law Firm of Guangdong Law, said that the case-handling organ has the obligation and responsibility to verify the identity of the parties, and there will be certain administrative faults if it fails to verify according to legal procedures.
He believes that judging from the facts of this case, since it is clear that Mr. Zhu's identity has been fraudulently used, he should quickly start relief measures and restore the reputation of the parties as soon as possible. At the same time, judging from this case, if the police encounter similar cases in the future, they should fulfill the obligation of careful review and verify their identity information as accurately as possible so as not to cause unnecessary trouble to the people.
Phoenix. It is difficult to cancel an innocent criminal record.