Entrusted others into the public security system before the crime, and was sentenced to compensation for 50,000 yuan!

A man was registered in the "Guangdong anti -drug system" and "national illegal criminal information resource library" on the grounds of the crime of crime of drug trafficking and intentional injury. But the actual situation was that the man had no criminal department. After he found that the situation, he repeatedly reported to the relevant departments. It turned out that the registration error was because he was mistaken by the police handling of the case at that time as an outsider with a surname of 0316.

However, after the man mailing an illegal and criminal record on deleting the wrong registration and compensation for economic losses to the relevant public security bureau did not make practical progress. To this end, the man sued the court on the grounds that the relevant Public Security Bureau did not fulfill the statutory duties of removal of illegal criminal records and asked for compensation. After the judgment of the Court of Final Appeal in this case, the relevant Public Security Bureau was ordered to eliminate the record of illegal criminal registered errors and paid a compensation of 50,000 yuan.

Today (June 22), the Guangdong Higher People's Court released the top ten typical cases of administrative lawsuits in 2021, and the above cases were selected.

The court pointed out that the public security organs were wrongly entered into the public security system as a person in charge of crime, and after multiple reports, they have not cleaned up the relevant records, which will cause damage to the legitimate rights and interests of the administrative counterpart. Essence

The plaintiff Jiang was registered in the "Guangdong anti -drug system" and "national illegal criminal information resource library" on the grounds of crime of drug trafficking and intentional injury in November 2003 and August 2005. After Jiang found this situation, he repeatedly reported the above situation to the relevant departments.

According to two "Certificate" issued by the Xincheng Police Station of Leizhou Public Security Bureau and the Police Station of the City, Jiang Mou, who was the last number of ID numbers in this case, did not record illegal criminal records. Jiang Mou, a case with a number of 0316.

On July 9, 2020, Jiang mail to the Leizhou Public Security Bureau to apply for illegal and criminal records on deleting errors and compensation for economic losses. The bureau signed the day and at the end of the trial of the first instance, and the previous criminal records of Jiang's erroneous entered into were cleared.

The first instance of the People's Court of Zhanjiang Economic and Technological Development Zone believes that there is an error in the Leizhou Public Security Bureau's obvious improper behavior to enter the public security system as a person who entered the public security system as a person in the crime. The request cannot be established. The judgment: First, the Leizhou Public Security Bureau was ordered to eliminate Jiang's illegal and criminal records within seven days; second, the other lawsuit requests were rejected. Jiang was not convinced and appealed.

The second instance of the Zhanjiang Intermediate People's Court believes that the Leizhou Public Security Bureau has repeatedly reported the criminal records that have not been registered with the wrong registration by Jiang, which has caused the error for more than ten years. Legal rights and interests have caused damage and shall be compensated. Based on this, the judgment: maintain the first item of the first trial; the second item of the first trial judgment; the Limit Leizhou Public Security Bureau pays Jiangmou 50,000 yuan to Jiang within 60 days.

【Judge Review】

The accuracy of the relevant records is closely related to the life of citizens, and ensuring the accuracy of the record is the due responsibility of the administrative organs. When the administrative agency finds that the relevant records are wrong, remedial measures should be taken in time to correct them. Those who are negligible to perform error correction should bear the corresponding legal consequences. The verdict has a promotion of the timely and correctly fulfilling the timely and correctly fulfilling the administrative organs.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Wu Jingyi, Teresa Teng Guangzhou Daily · Xinhuacheng Editor: Zhang Ying

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