If a crime is constituted, whether there is a heavier or lighter punishment shall be based on the facts of the crime, the nature and circumstances of the crime and the degree of harm to society; Factors such as mitigating punishment shall be punished in accordance with the standards stipulated in the criminal law.
After conviction and exemption from punishment, there will be criminal record files, promotion and promotion will be affected, and administrative sanctions or administrative penalties will be imposed. Persons who have been subjected to criminal punishment according to law shall truthfully report to the relevant units the criminal punishment they have received when they joined the army for employment. Persons who were under the age of 18 at the time of committing a crime and were sentenced to fixed-term imprisonment of not more than five years shall not be exempted from the reporting obligation stipulated in the preceding paragraph.
Can you still do it after conviction and immunity?
Promotion will be affected after conviction and exemption. Although the crime-free office is exempt from criminal punishment, the perpetrator has constituted a crime, and there will be criminal records, that is, criminal records. For those who have civil servant status, those who are exempt from conviction can retain their civil servant status, but their promotion will definitely be affected. Although some acts are exempted from criminal punishment, they can be given administrative punishment or administrative sanctions according to different circumstances.
To sum up, although the exemption from conviction is exempted from criminal punishment, the perpetrator has already constituted a crime, and there will be criminal record files, that is, criminal record files. The consequence of being free from conviction is that there will be criminal record files and promotion will be affected. Will be subject to administrative punishment or administrative sanctions. When joining the army and obtaining employment, those who have received criminal punishment according to law should truthfully report to the relevant units. It shall truthfully report the criminal punishment to the relevant units, and shall not conceal the fact that he was sentenced to fixed-term imprisonment of not more than five years when he was under the age of 18 at the time of committing the crime, and shall be exempted from the reporting obligation stipulated in the preceding paragraph.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 37 of the Criminal Law.
Those who do not need to be sentenced to criminal punishment for minor crimes may be exempted from criminal punishment, but according to the different circumstances of the case, they may be admonished or ordered to make a statement of repentance, apologize and compensate for losses, or be given administrative punishment or administrative sanction by the competent department.
Article 37 of the criminal law
If a person is sentenced for committing a crime by taking advantage of his position or committing a crime that violates the specific obligations required by his profession, the people's court may, according to the situation of the crime and the need to prevent recidivism, prohibit him from engaging in related occupations for three to five years from the date of completion of punishment execution or parole.
If a person who is prohibited from engaging in related occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall punish him according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
Where other laws and administrative regulations prohibit or restrict them from engaging in related occupations, such provisions shall prevail.