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Those who are serving a prison sentence cannot be conscripted.
See: Regulations on Conscription Article 3 Male citizens who have reached the age of 18 before December 31 of each year shall be conscripted for active service. Those who have not been recruited in the current year, and those with a high school (technical secondary school, technical secondary school, vocational high school) or above can still be recruited for active duty before the age of 22.
On the basis of the needs of the military, female citizens may be recruited for active service in accordance with the provisions of the preceding paragraph.
In accordance with the needs of the armed forces and the principle of personal voluntariness, male and female citizens who have reached the age of 17 but have not yet reached the age of 18 before December 31 of the current year may be conscripted for active service.
Citizens with severe physical impairment or severe disability who are not fit for military service are exempt from conscription. Conscripts who are the sole labor force to support their families or who are students who are enrolled in full-time school may be deferred.
Persons deprived of their political rights in accordance with the law shall not be recruited. Citizens who are under investigation, prosecution, or trial, or who have been sentenced to imprisonment, short-term detention, or controlled release and are currently serving a prison sentence are not to be recruited.
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You can be a soldier. At the time of enlistment or employment, the reporting obligations provided for in the preceding paragraph are exempted.
Criminal law. Article 100: [Criminal Record Reporting System]Persons who have received criminal punishments in accordance with law shall truthfully report to the relevant units that they have received criminal punishments when they enlist in the military or are employed, and must not conceal them.
Persons who were under the age of 18 at the time of the crime and were sentenced to up to five years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph.
Amendment VIII to the Criminal Code.
Ten. 9. Add a paragraph to Criminal Law article 100 as the second paragraph: "Persons who were not yet 18 years old at the time of the crime and were sentenced to up to 5 years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph. ”
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No, the political trial can't be passed.
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If not, it must be done after the completion of the sentence.
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Legal analysis: If a parent has been sentenced, it will have an impact on the child's future political trial, such as the child who is admitted to the public oak and becomes a soldier will not be able to pass the political trial.
Legal basis]:
Criminal Law of the People's Republic of China
Article 38: The period of control is between three months and two years.
Sentencing to controlled release may, on the basis of the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the enforcement period.
Community corrections are to be carried out in accordance with law for criminals sentenced to controlled release.
Those who violate the prohibition order provided for in paragraph 2 shall be punished by the public security organs in accordance with the provisions of the "Law of the People's Republic of China on Public Security Administration Punishments".
Article 39: Criminals sentenced to controlled release shall comply with the following provisions during the enforcement period:
1) Comply with laws and administrative regulations, and obey supervision;
2) The rights to freedom of speech, publication, assembly, association, procession, or demonstration must not be exercised without the approval of the enforcement organs;
3) Report on their own activities in accordance with the provisions of the enforcement organs;
4) Comply with the regulations of the executive organ on receiving visitors;
5) Leaving the city or county where they reside or relocating shall be reported to the enforcement organ for approval.
Criminals sentenced to controlled release shall be paid equally for equal work in their work.
Article 40: At the completion of the period of controlled release, the enforcement organ shall immediately announce the release of controlled control to the person and the people in his unit or place of residence.
Article 41: The period of controlled release is calculated from the date on which the judgment is made to dismantle and enforce the sentence; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by 2 days for each day of detention.
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