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Juvenile offenders in our country have a criminal record: 1. Anyone who commits a crime will have a criminal record. However, in order to take care of the interests of minors and protect their healthy growth, if the legal requirements are met, the criminal records of minors are to be sealed and not to be checked externally.
2. Where they were not yet 18 years old at the time of the crime and were sentenced to up to 5 years imprisonment, the relevant criminal records shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions.
Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed 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.
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Juvenile delinquency has always been the focus of people's attention, because such incidents occur from time to time, so, is there a record of juvenile delinquency? Juvenile offenders will definitely have a criminal record, but having a criminal record does not mean that their personal information will be exposed, because under normal circumstances, whether it is a school or work-related unit, they have no right to view your criminal record, and the relevant laws of the country have clear provisions on this. The law stipulates that:
Article 100 of the Criminal Law [Criminal Record Reporting System] A person who has received a criminal punishment in accordance with the law shall truthfully report to the relevant unit that he has received a criminal punishment when he enlists in the army or is employed, and must not conceal it. Persons who were under the age of 18 at the time of the crime and were sentenced to a penalty of up to five years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph. Is there a criminal record for juvenile crimes?
To solve this kind of problem, the first thing is to find out whether you are really committing a crime, because once you commit a crime, it will have a certain impact on your future life. If the crime is committed by a juvenile, after the implementation of the new Criminal Procedure Law, the file must be sealed to protect the legitimate rights and interests of the minor. If the offence was committed before the implementation of the new Code of Criminal Procedure, there was no provision at that time, so the files were not sealed, and even after the implementation of the new Code of Criminal Procedure, the previous files were no longer processed.
Article 275 of the Criminal Procedure Law stipulates that a person who is under the age of 18 at the time of the crime and is sentenced to fixed-term imprisonment of not more than five years shall have the relevant criminal record sealed. According to this provision, for juveniles sentenced to less than five years imprisonment, the public security organs shall promptly seal the relevant criminal records after receiving the effective judgment delivered by the people's courtWhere criminal records are sealed, the public security organs must not provide them to any other units or individuals, except as needed by the judicial organs to handle the case or where relevant units make inquiries in accordance with state provisions.
2. Juvenile criminal records entered on the National Public Security Information Network shall also be sealed, and handled by the public security organs on the basis of an effective judgment delivered by the people's courts, and no application is required. Article 4 of the "Opinions on the Establishment of a Criminal Record System for Criminals" stipulates a system for sealing juvenile criminal records, that is, the criminal records of juveniles who are under the age of 18 at the time of the crime and have been sentenced to a sentence of less than five years imprisonment shall be sealed, to be precise, a system for sealing criminal records of juvenile misdemeanors Article 100 of the Criminal Law A person who has received a criminal punishment in accordance with the law shall truthfully report to the relevant unit that he has received a criminal punishment when enlisting in the army or finding employment, and shall not conceal it.
Article 19 of Amendment VIII to the Criminal Law adds a paragraph to Article 100 of the Criminal Law as the second paragraph: "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. For the country and society, minors are the hope of the country, and if they are held accountable for the mistakes they have made for a moment of negligence, it may change the life trajectory of an aspiring young man, not only do not make outstanding contributions to the country, but also seriously affect his own life.
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The first is the concealment of criminal methodsIn the virtual space constituted by the Internet, the identities of the participants are virtualized, and anyone can wear a mask to push themselves on the Internet. The concealment of their crimes is mainly manifested in the following: the scope of the crime is generally not limited by time and place, and they can commit crimes at any time and place in a certain province, a certain city, or even a certain country; The offender can control the time when the result of the crime occurs as he wishes; The time for committing the crime is short, ranging from a few minutes to a few seconds; Crimes leave no traces, there is no specific place for expression and objective manifestation, it is not easy to identify, it is not easy to be discovered, it is not easy to detect, and the crime coefficient is high. >>>More