Joke Collection Website - Talk about mood - In 2022, Yun Feng magazine was sued. Is there a system for sealing adult criminal records?
In 2022, Yun Feng magazine was sued. Is there a system for sealing adult criminal records?
First, the applicable object.
The new "Criminal Procedure Law" limits the applicable object of criminal record sealing from two aspects. First, you must be a minor when committing a crime. Second, the penalty must be fixed-term imprisonment of not more than five years.
Second, the startup mode.
The start-up exploration of the subject of criminal record sealing adopts dual start-up mode. That is, it is applied by the juvenile offender himself or his legal representative or proposed by the relevant department. The dual system model fully affirmed the initiative of juvenile offenders in their efforts to rehabilitate themselves and return to society. Considering that the storage of juvenile criminal records involves multiple departments, the application of any department can quickly start the storage mechanism. However, the revised criminal procedure law requires that the criminal records of qualified minors be sealed, and the revised criminal procedure law stipulates that the judicial organs can inquire because of the need of handling cases or the relevant units can inquire according to state regulations, which shows that it will become a legal obligation for the relevant departments to seal up the criminal records of minors involved in crimes.
Third, the sealing effect and query conditions.
After the criminal record of minors is sealed, it shall not be provided to any unit or individual. The inquiry condition is that the judicial organ needs to handle the case or the relevant unit meets the state regulations, but the unit that conducts the inquiry according to law shall keep the sealed criminal record confidential.
China has initially established a system of sealing juvenile criminal records, but there is still a long way to go. The establishment and perfection of juvenile justice system is a long-term and arduous systematic project. Only by organically connecting the system of sealing juvenile criminal records with community correction, social assistance and education, and giving full play to the overall linkage effect, can the rights and interests of minors be protected to the maximum extent.
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