Keeping juvenile criminal records in Zhejiang Province

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 Keeping juvenile criminal records in Zhejiang Province


After five years of trying to seal juvenile criminal records, recently, Zhejiang provincial Procuratorate, together with the Publicity Department of Zhejiang provincial Party committee, Zhejiang provincial Party committee of the Communist Youth League and other 12 units, jointly issued the measures for the implementation of sealing juvenile criminal records in Zhejiang Province, refined and improved the sealing system of juvenile criminal records stipulated in the criminal procedure law, and clearly stipulated that for minors whose criminal records are sealed, public The security organ shall issue a written certificate of no criminal record, and the education, civil affairs and other relevant departments shall not classify the relevant legal documents into the student files and the labor and personnel files.

According to reports, the sealing of minors criminal records is a system added after the amendment of the criminal procedure law in 2012, which aims to help minors who have committed crimes return to society better. In 2014, Zhejiang took the lead in starting the work of sealing juvenile criminal records, and issued the measures for the implementation of sealing juvenile criminal records in Zhejiang Province (for Trial Implementation). According to the statistics of Zhejiang provincial Procuratorate, since 2016, the provincial procuratorial organ has successfully admitted 145 minors involved in crime to university by timely sealing up their criminal records.

But in reality, there are also some cases in which the information of juvenile delinquency is improperly disclosed: 15 years ago, a teenager in Hangzhou was jailed for a misdemeanor. After he was released from prison, although he changed his mind and started a new life, he was refused to find a job everywhere, which became the stain of his life. In reality, this is not the case. Hu Donglin, Deputy Attorney General of Zhejiang provincial Procuratorate, said that due to the over principle and poor operability of the provisions on sealing and inquiry of criminal records, especially the provisions on retroactive sealing, electronic record sealing and supervision and accountability of juvenile criminal records before 2012, some juvenile criminal information was improperly disclosed, employment was limited and it was difficult to integrate into society. In response to this problem, Zhejiang provincial Procuratorate, on the basis of special inspection, special investigation and extensive consultation, jointly signed and issued the revised implementation measures with 12 units.

According to Hu Donglin, the revised implementation measures further improved the contents of the sealed criminal records, the inquiry procedures of criminal records and the supervision and accountability mechanism, stipulating that the peoples court, the peoples Procuratorate, the public security organ and the judicial administrative organ should not only be under the age of 18 at the time of the crime, but also be sentenced to a penalty of less than five years imprisonment and a minor who is exempt from criminal punishment The criminal records of people shall be sealed. If the cases concluded before December 31, 2012 meet the requirements, the relevant criminal records shall also be sealed. The sealed criminal record also includes electronic information. The relevant electronic information system shall be equipped with sealing module or special mark, and a special management and inquiry system shall be implemented. Electronic information shall not be inquired and used without authorization.

The implementation measures also stipulates the cooperation responsibilities of education, civil affairs and other relevant departments, and requires that relevant legal documents shall not be included in student files, labor and personnel files, etc. The implementation measures also make it clear that without legal reasons and without authorization, it is not allowed to inquire and use. When making an inquiry, a written application shall be submitted, stating the reason, basis and purpose of the inquiry. The inquirer shall present the official letter of the unit and his / her work certificate. For the issuance of the certificate without criminal record, it is clearly stipulated that the public security organ shall accept and examine the certificate in a unified way. For the persons whose criminal records are sealed up, a written certificate with uniform format and no criminal record shall be issued, and other political and legal organs shall actively assist them.

In addition, the revised implementation measures also added specific accountability conditions and procedures to clarify the corresponding sealed but not sealed, not using the inquired criminal records according to regulations or disclosing relevant information in violation of regulations. The procuratorial organ shall put forward corrective opinions and urge the implementation of the sealed system. If the criminal information management organ uses the electronic information system to query the information of minors, uses the criminal records inquired in violation of regulations, issues the certificate of minors having criminal records in violation of regulations, etc., and the circumstances are serious or cause serious consequences, the relevant units and personnel will be investigated for their responsibilities in accordance with relevant regulations.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: 6374560, container: ssp_, size: 300250, display: inlay fix, async: true});))); (source of this paper: Peoples daily editor in charge: Wang Ning