Can a case record be revoked, and is there still a case record if the case is withdrawn?

Updated on educate 2024-07-25
3 answers
  1. Anonymous users2024-02-13

    The case was dismissed and there was no record. The dismissal of the case means that the court has not conducted a criminal trial of the perpetrator and has not rendered a guilty verdict, so there will be no criminal record. However, it is not excluded that there will be a corresponding incident record at the public security organ.

    Of course, this record has no substantive impact at all, and the public security organ should report to the higher-level leadership for review and approval when the case is withdrawn, and then write a report on the withdrawal of the case.

    What circumstances will leave a criminal record?

    1. Received public security or criminal punishment;

    2. Drug addicts;

    3. Frequent petitioners who have similar case lovers who have reported and recorded the case;

    4. Economic cases went to the detention center, but in the end, the procuratorate did not approve the arrest.

    [Legal basis].Article 265 of the Criminal Procedure Law of the People's Republic of China.

    In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served their sentence outside of prison:

    1) Those who have a serious illness and need to be released on medical parole;

    2) Women who are pregnant or breastfeeding their own infants;

    3) Unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.

    Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.

    Convicts who might be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on medical parole.

    Where convicts truly have serious illnesses and must be released on medical parole, a hospital designated by the provincial-level people** is to diagnose them and issue supporting documents.

    Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.

  2. Anonymous users2024-02-12

    There is no criminal record elimination system in China, and there is no way to eliminate the case record, and once it is filed, these records will accompany the parties for life. However, in order to protect minors, the State implements a system of sealing criminal records for minors who have committed crimes. Whether it is an administrative case or a criminal case, as long as the public security organ handles it, it must be kept as a case file.

    Therefore, the case materials will not be erased, unless the public security organs will dispose of them as expired files after a period of death.

    1. Conditions of detention:

    1. Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;

    2. The victim or a person who witnessed it at the scene identified him as having committed the crime;

    3. Evidence of a crime is found in the vicinity or residence;

    2. The specific process of criminal detention is as follows:

    1. When carrying out detention, the public security organ shall hold a valid Detention Certificate and present it to the detainee;

    2. After detention, the detainee shall be immediately sent to a detention center for detention, and must not exceed 24 hours at the latest;

    3. Under normal circumstances, the public security organs shall notify the family of the detainee or his work unit within 24 hours.

    [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.

  3. Anonymous users2024-02-11

    Summary. Hello, the expungement or revocation of the record is on a case-by-case basis. Under normal circumstances, if there is already a record of the case, it cannot be directly deleted or revoked.

    However, if the case is found not guilty, or if it goes through specific procedures, such as pardon, automatic expungement of criminal records as provided for in article 77 of the Criminal Procedure Law, etc., the record may be expunged or revoked. However, the conditions for application and the scope of effectiveness of these procedures are different and need to be judged on a case-by-case basis.

    Can I apply for revocation of the case record caused by a little misunderstanding?

    Hello, the erasure or revocation of the records of the case is subject to the circumstances. Under normal circumstances, if there is already a record of the case, it cannot be directly deleted or revoked. However, if the case is found not guilty, or if it goes through specific procedures, such as pardon, automatic expungement of the criminal record as provided for in Article 77 of the Criminal Procedure Law, etc., the record may be expunged or revoked.

    However, the conditions for application and the scope of effectiveness of these procedures are different and need to be judged on a case-by-case basis.

    At that time, the procuratorate gave a non-prosecution policy.

    If the procuratorate had given a decision not to prosecute the case, then generally speaking, the case would not have been submitted to the court for trial, and there would have been a record of the case if there was no assault. However, it should be noted that although there is no record of the case, the relevant letter of the case may be retained in the files of the public security organs or other relevant departments. If you want to know more about the situation, we recommend that you consult the relevant department or a lawyer.

    If I apply for revocation or erasure now, I need to go through those procedures.

    At the time, I thought it was okay, but now I know that it has an impact on me.

    If you want to apply for the revocation or expungement of the record, you may need to follow the following procedures:1First of all, you can consult the relevant staff of the local public security bureau or judicial bureau to understand the specific application process and requirements, as well as what materials need to be provided and the lack of materials for the defense.

    2.Prepare relevant materials as required, such as identity certificates, pre-service notices for case acceptance, non-prosecution decisions, etc., and submit the application materials to the relevant departments. 3.

    The relevant authorities will conduct a review based on the materials you provide and relevant legal regulations, and if the review is successful, you will be issued with the corresponding supporting documents to prove that your case record has been erased or revoked. It is important to note that as the specific application process and conditions may vary from region to region, it is recommended that you read the relevant regulations carefully and consult the relevant authorities or lawyers for advice before applying.

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