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Ordinary citizens must not arbitrarily inquire into the criminal record information of others.
According to the legal provisions of the "Management and Inquiry of Criminal Record Information", when the organs for the management of criminal record information provide criminal information inquiry services to the public, they shall strictly follow the qualifications and conditions of laws and regulations for further education, enlistment, employment, etc. Where staff do not provide information in accordance with provisions, or intentionally provide false or fabricated information, and the circumstances are serious or cause serious consequences, the responsibility of the relevant personnel shall be pursued in accordance with law.
1. Inquiries by state organs: Based on the needs of case handling, state organs make inquiries into criminal information from the criminal personnel information registration organs, and the relevant organs shall cooperate. Of course, the relevant formalities should still be followed.
2. The lawyer's authority in the criminal record check.
Where a defense lawyer requests to make inquiries into the criminal records of a criminal suspect or defendant in this case in order to perform defense duties in accordance with law, it shall be permitted.
3. The right to inquire about ordinary citizens.
Ordinary citizens must not arbitrarily inquire into the criminal record information of others. Where it is truly necessary to make inquiries into the criminal information of others, the corresponding written materials shall be provided as required by the information management organs (primarily for the purpose of the inquiry), and the relevant criminal record checks may be conducted after review and approval.
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If you are a victim of this case, you can go to the case handling unit to check whether the case has been solved. If you need a certificate from the public security organ to prove whether you have a criminal record, you can bring your ID card to the police station where your household registration is located.
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You can check your own, but you can't check someone else's.
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I'm a lawyer, and as far as you say, no.
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Legal analysis: As long as it is not a sentence, the case record will not be found on the public security network. Detention of less than 15 days will only be filed with the public security bureau (district or county level) where you were detained, but not in other areas; If it is no longer illegal for five years, it will be automatically eliminated.
Warnings, detentions, and fines for public security administrative punishments are not recorded, and only criminal punishments are entered into the archives to leave a case record, which can be inquired by the public security department. Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law. 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. Therefore, administrative detention will not leave a case record, and ordinary criminal detention will have a case record, and the two are different concepts.
Legal basis: Civil Code of the People's Republic of China
Article 1032: Natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure. Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.
Article 1033: Except as otherwise provided by law or with the explicit consent of rights holders, the following conduct must not be carried out by any organization or individual: (1) Disturbing the tranquility of others' private lives by means such as **, text messages, instant messengers, e-mails, leaflets, etc.; (2) Entering, photographing, or peeping into other people's residences, hotel rooms, or other private spaces; (3) Photographing, peeping, eavesdropping, or disclosing the private activities of others; (4) Photographing or peeping into the intimate parts of others' bodies; (5) Handling the private information of others; (6) Infringing on the privacy rights of others in other ways.
Article 1034: The personal information of natural persons is protected by law. Personal information refers to all kinds of information recorded electronically or otherwise that can identify a specific natural person, either alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, ** number, email address, health information, whereabouts information, etc. For the private information in personal information, the provisions on privacy shall apply; Where there are no provisions, the provisions on the protection of personal information shall apply.
Article 1035: The handling of personal information shall follow the principles of legality, propriety, and necessity, and must not be excessively handled, and meet the following requirements: (1) Obtain the consent of the natural person or their guardian, except as otherwise provided by laws and administrative regulations; (2) Rules for disclosing the handling of information; (3) Clearly indicate the purpose, methods, and scope of the handling of information; (4) It does not violate the provisions of laws, administrative regulations and the agreement between the parties. The processing of personal information includes the collection, storage, use, processing, transmission, provision, and disclosure of personal information.
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Legal analysis: You can check whether you have a criminal record. The parties can apply for inquiries at the police station of their household registration.
If the police station accepts the application, it will designate the internal police to check both electronic and paper files to see if the person has a criminal record. If there is a criminal record, the parties will be notified. If you are wanted on the Internet, you can find it on the special website of any public security organ anywhere.
According to the relevant provisions, if the people's procuratorate receives a report, accusation, or report, or discovers that investigators have collected evidence by illegal means, it shall conduct an investigation and verification rotation. Where there are truly circumstances of illegal evidence gathering, a corrective opinion shall be submitted; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Legal basis: Article 57 of the Criminal Procedure Law of the People's Republic of China: Where a people's procuratorate receives a report, accusation, or report, or discovers that investigators have illegally collected evidence, it shall conduct an investigation and verification. Where there are truly circumstances of illegal evidence gathering, a corrective opinion shall be submitted; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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Legal analysis: China does not have a system for expungement of criminal records, and there is no way to eliminate the "case record". In China's law, a criminal record generally refers to a criminal record, and the criminal file is generally stored in the public security department for preservation.
Criminal records are kept forever and can be found in the public security organ's system network at any time.
Legal basis: "Criminal Law of the People's Republic of China" Article 100: Persons who have been punished for dishonoring in accordance with law shall truthfully report to the relevant units that they have received criminal punishments when enlisting in the military or employment, and must not conceal them.
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Lawyer's analysis: There is no system for expungement of criminal records in China, and there is no way to eliminate the "case record". In Chinese law, a criminal record generally refers to a file record of a criminal record of negligence, and the criminal file is generally stored in the public security department for preservation.
Criminal records are kept permanently and can be queried in the public security organ's system network at any time.
Legal basis]:
Criminal Law of the People's Republic of China" Article 100: When a person has received a criminal punishment in accordance with law, when enlisting in the military or finding employment, he shall truthfully report to the relevant units that he has received a criminal punishment of leniency and reform, and must not conceal it.
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