Does a criminal suspect have no criminal record as long as he is not sentenced?

Updated on society 2024-02-24
3 answers
  1. Anonymous users2024-02-06

    Generally speaking, as long as a criminal suspect is not sentenced, he has no criminal record.

    The so-called criminal record generally refers to a person's past criminal record, that is, the historical record of being sentenced by the court. If he has not been sentenced, even if he is a criminal suspect, he is only suspicious, and the crime has not been determined.

    The criminal record is also known as the criminal record system of criminals, and in the laws of our country, it is generally only a file record of a criminal record. The archives are generally stored in the public security department and relevant state organs.

    With regard to the case record, China's "Criminal Procedure Law" clearly stipulates that if a person is under the age of 18 at the time of committing the crime and is sentenced to a sentence of less than five years imprisonment, the relevant criminal record shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs need to handle the case or where relevant units conduct inquiries in accordance with state provisions.

    Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.

  2. Anonymous users2024-02-05

    Hello, according to the situation you expressed, it is not a case record left by criminal punishment, and according to Article 12 of the Criminal Procedure Law of our country, it should not be recognized as a crime if it has not been uniformly judged by the court. The criminal suspect can only explain that the person who may be related to the case is proved by the preliminary evidence in the case, and cannot be considered to have committed a crime without a court judgment, and the criminal suspect is not guilty according to the principle of presumption of innocence, unless proven guilty by trial, the criminal suspect is innocent. If the suspect is further confirmed, if the speculation is correct, then the suspect will become a criminal, and there is a criminal record, and the case record must be made after the verdict.

  3. Anonymous users2024-02-04

    Refers to a record of past criminal offenses. Generally, only those who have been convicted by the court will have a criminal record.

    Legal basis] Article 200 of the Criminal Procedure Law, after the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated, and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:

    1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

    3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

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