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There are defense lawyers on the Internet, for example, during the investigation stage.
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Article 120 of the Criminal Procedure Law provides for the interrogation of criminal suspects. When interrogating criminal suspects, investigators should inform them of their procedural rights, as well as the legal provisions for admitting guilt and accepting punishment and for changing their rotation to be lenient. Before asking questions, ask if there has been a criminal offense and listen to their statements and justifications.
Article 112 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusing, reporting, or voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are facts of a crime that need to be pursued for criminal responsibility, they shall file a case; When it is found that there are no facts of the crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue Chi Jiancha's criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.
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According to the second paragraph of Article 490 of the judicial interpretation of the Supreme People's Court, you can use the sealing of criminal records.
Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.
Legal Interpretation 2012 No. 21 was promulgated on December 20, 2012 and came into force on January 1, 2013).
Article 490:The criminal records of minors who were not yet 18 years old at the time of the crime and who were sentenced to up to 5 years imprisonment or who were exempted from criminal punishment shall be sealed.
Where cases concluded before December 31, 2012 meet the requirements of the preceding paragraph, the relevant criminal records shall also be sealed.
Where judicial organs or relevant units apply to the people's courts for inquiries into sealed criminal records, they shall provide the reasons and basis for the inquiries. The people's court shall promptly make a decision on whether or not to agree to an application for inquiry.
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The police cannot issue you a certificate of no criminal record. According to the regulations of the Ministry of Public Security, the issuance of a "Certificate of No Criminal Record" is only for specific matters, and it is only issued on the basis of the matters stipulated in relevant laws and regulations, such as: the National Judicial Examination requires the issuance of a Certificate of No Criminal Record, which is required by laws and regulations to provide a Certificate of No Criminal Record, and it is not something that anyone can open if they want to.
According to the understanding of relevant experts, "sealing of criminal records" is also the original intent of the legislation: "sealing of criminal records" means that it is not public, and it is not a complete erasure of criminal records. Note that it is "criminal record sealing" and not "criminal record expungement".
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What I don't understand is that since the criminal record is sealed, why do you have to issue a certificate of innocence? The law stipulates that criminal records must not be provided to any unit or individual except as needed by judicial organs to handle cases.
Human and material evidence is an important basis for criminal punishment.
1) The time limit for trial of public prosecution cases.
People's courts hearing public prosecution cases shall announce the verdict within 2 months of accepting it, and must not exceed 3 months at the latest. In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. >>>More
Article 80 of the Criminal Procedure Law deals with criminal detention. >>>More
1. The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. >>>More
Summary. Pro-<>
I am glad to answer for you: "Understanding and Application of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" elaborates on this issue, clearly pointing out that disability compensation, death compensation, and mental damage expenses are not within the scope of compensation in civil litigation cases attached to criminal cases, even if a civil lawsuit is filed separately (except for cases where driving a motor vehicle causes property damage). >>>More