The Sichuan Rongxian Court issued the first minor "Crime Record Storage Notice"

Yang Huan cover news reporter Chen Zhangcai

On September 5, the Rongxian Court of Sichuan Province was sentenced to two years and six months in prison for the defendant Xiao A (pseudonym). After the verdict came into effect, the Rongxian Court recently sent the "Criminal Record Storage Notice" to the minor and its legal agents, procuratorial organs, and public security organs involved in the case, which was sealed in accordance with the law.

This is the first "Criminal Records of Criminal Records for Criminal Record Store Notice on the Implementation Measures on the Crime Records of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice. "

The defendant Xiao A (pseudonym) was in a weak sense of legal consciousness and was not mature enough. Considering that the minor is a minor when a small A crime, based on the principle of "education, influence, and saving" minors, in order to allow Xiao A to return to the society again, not being discriminated against by past stains, the Rongxian Court actively implemented the minor. The sealing system of human criminal records was sealed in accordance with the law.

The Rongxian Court stated that after being punished by criminal crimes for minors, the existence of their criminal records will have a lot of adverse effects on their study, work and life, and it is easy to form a "label effect". The opposite of society is not conducive to crime prevention nor conducive to socialization.

The comprehensive implementation of the sealing system of criminal records of minors is conducive to eliminating the label effect caused by criminal records, and reducing the impact of minors' previous subjects on the return of minors.

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1. The Criminal Procedure Law of the People's Republic of China

Article 286 When a crime is less than 18 years old, if a punishment is sentenced to five years in prison, the relevant criminal record shall be sealed.

If the criminal record is sealed, it shall not provide any unit or individual, except for the needs of the judicial organs for the case of the case or the relevant unit inquiring in accordance with national regulations. The units that conduct inquiries in accordance with the law should be kept confidential of the criminal records of the sealed crime.

2. "Implementation Measures on the Saven of Minor Crime Records"

Article 4 The crime is less than 18 years old at the age of 18, and the criminal records of the punishment below the five -year imprisonment and the jealous of criminal punishment shall be sealed according to law.

For the implementation of several acts around the age of eighteen years old, it constitutes a crime of crime or handling. The criminal records of minors who are free of criminal penalties shall be sealed in accordance with the law in accordance with the law.

Article 11 If the People's Court sentences the defendant who is under the age of 18 years of crime to be sentenced to five years of imprisonment and exempting criminal punishment, after the verdict is effective, the criminal referee documents and the "Notice of Criminal Records" shall be sent in time in time. The defendant, at the same time, was delivered to the people's procuratorates at the same level and public security organs at the same time. After receiving the above documents, the people's procuratorate and public security organs should coordinate the relevant procuratorial organs and public security organs within three days. Overall sealed.

Article 15 If the minors who have been blocked the criminal records or their legal agents apply for a certificate of non -criminal records, the acceptance unit shall issue a certificate of non -criminal records within three working days.

Article 18 For minors who have been blocked for crime records, those who meet the following conditions shall be united by one of the following conditions.

(1) For new crimes in the minor, and the crime of new sin and sealing records, after being fined, was decided to execute the punishment for more than five years.

(2) Discover the crime of leakage during the minor, and the crime of leakage and sealing records was decided to execute the punishment for more than five years after the punishment;

(3) If the trial supervision procedure is sentenced to five years in prison for more than five years;

Minors who have been blocked for criminal records, who deliberately committed crimes after adulthood, should contain their previous criminal records in the referee documents.

Article 19 The case that meets the sealing conditions will no longer be restricted by the relevant regulations of the criminal records of minors from the date of the establishment of the sealing conditions.

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