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A criminal record generally refers to a person's record of past offences or criminal acts. Also known as the criminal record system for criminal personnel, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation. If a suspended sentence is imposed, it is also a criminal punishment and will leave a criminal record.
Criminal records are kept permanently and cannot be expunged. Unless you were under the age of 18 at the time of the offence and the sentence is less than five years, the court will seal the criminal record in accordance with the law. Article 286 of the Criminal Procedure Law stipulates that if a person 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, 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 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. Legal Basis: Article 286 of the "Criminal Procedure Law of the People's Republic of China": Where a person was under the age of 18 at the time of the crime and was sentenced to up to 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 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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Yes, a suspended sentence is a crime. Of course, the archives of minors are sealed.
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1. Whether a suspended sentence will leave a criminal record.
1. A suspended sentence will generally leave a criminal record. There will also be a criminal record when sentenced to probation, because probation is also a kind of punishment for criminal offenses, which will be recorded in the corresponding file, that is, there will be a criminal record, which will not be erased for life. Offenders who are on probation are not completely free, and if they do not repent during the probationary period, do not obey supervision, and leave the custody area at will, then the original sentence will also be enforced.
2. Legal basis: Article 76 of the Law of the People's Republic of China on Criminal Qi Pei.
Probation of Suspended Sentences and Legal Consequences] For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law during the probationary period of the suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period of the suspended sentence is completed, and the original sentence is no longer enforced, and it is to be publicly announced.
2. Does a suspended sentence have an impact on future generations?
A suspended sentence has a certain impact on future generations. As long as they are subject to criminal punishment, they will have a certain impact on themselves, their children, and grandchildren in the future, especially in the future, if their descendants want to work in state secrecy units, senior military departments, and other nuclear units, they may not be accepted because they are not qualified in the political examination. In the current situation, only in institutions, departments or schools where there is a political review, the parents' criminal records may adversely affect the children, but not in other departments.
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Legal analysis: The probation is the case record of Nai Qiaoqing. As long as you are involved in wide pants and crimes and are declared punished, your own file will be stained.
Probation only means that if the offender can comply with the rules and regulations during the probation period and does not violate the regulations, the original sentence will not be executed after the expiration of the probation period, but this cannot be eliminated, and the criminal punishment will still be recorded in your file.
Legal basis: Changshu "Criminal Law of the People's Republic of China" Article 76: For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law during the probationary period of the suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period of the suspended sentence is completed, and the original sentence is not to be enforced, and it is to be publicly announced.
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If the perpetrator is sentenced to a criminal penalty by the People's Faith Court, then the only thing that will be left on his file is that he will have a criminal record, which will affect his employment and further education. Some people's courts will apply a suspended sentence when sentencing a person to criminal detention, so is there a criminal record in sentencing a suspended sentence of criminal detention? The following is an introduction to the relevant content by the legal network.
1. Is there a criminal record for a suspended sentence of criminal detention?
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Yes, the sentence of probation is also a formality case, which is a criminal punishment. The court will definitely leave a criminal record for Mr. Lee. As long as it is a criminal record, it will be permanently preserved and cannot be erased.
Probation is a kind of legal forgiveness sentence, which is mainly aimed at criminals whose crimes are less serious and have an average impact, and those who are sentenced to probation are just not required to go to prison to obey.
Based on the actual circumstances, during the period of probation, no further suspended sentence may be given, and based on the actual circumstances, where relevant legal provisions are violated during the period of probation, the suspended sentence is to be revoked and the actual sentence to be enforced in accordance with the provisions of law. >>>More
Fines have nothing to do with probation, and fines are penal methods that compel offenders to pay a certain amount of money to the state. As a kind of property punishment, the fine is to deprive the offender of money, which is a significant difference between fines and other criminal punishments.
According to the laws of our country, criminals sentenced to a suspended sentence are to be given community corrections in accordance with law during the probationary period of the suspended sentence. >>>More
It is difficult to say how the court will sentence, and a suspended sentence is also possible, and it is not unlikely. Good luck to your friends!
Not necessarily, some areas require probationers to wear electronic wristbands to keep track of their movements. >>>More