Is reeducation through labor a criminal record?

No, criminal record generally means being punished by criminal law. Reeducation through labor is an administrative punishment according to the relevant laws of the State Council, not according to the law, nor is it a legal form.

If you are caught again, you will not be reeducated through labor, which has been abolished according to law.

20 13 12.28 the National People's Congress Standing Committee (NPCSC) adopted a decision on abolishing laws and regulations related to reeducation through labor, which means that the reeducation through labor system that has been implemented for more than 50 years has been abolished according to law. The decision stipulates that the reeducation-through-labor decision made according to law before the abolition of reeducation-through-labor is valid; After the abolition of reeducation through labor, those who are being reeducated through labor according to law shall be released from reeducation through labor, and the remaining period shall not be implemented.

Criminal record refers to the fact and punishment of the last crime, which is often used with criminal record, that is, he has been punished for some reason before. People with criminal records have committed new crimes. If he meets the requirements of recidivism, he constitutes a recidivist and should be severely punished. A person with a certain criminal record cannot hold certain posts, for example, a person deprived of political rights cannot hold a post of assistant judge or above in the People's Court of China. Those who have violated the law and received administrative punishment cannot be regarded as having a criminal record.

Extended data:

According to the relevant provisions of Article 264 of the Criminal Law of People's Republic of China (PRC), the sentencing standard for theft is:

1, fixed-term imprisonment of not more than three years, criminal detention or control

Whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. (revised according to the Criminal Law Amendment (VIII)).

The so-called "large amount", according to the explanation, refers to personal theft of public and private property, the value of RMB 1000 yuan to more than 3000 yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a large amount is 25 copies.

In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national third-class cultural relics shall also be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. Impose a fine.

According to Article 7 of the Interpretation, a fine of less than twice the amount of theft 1000 yuan shall be imposed; Criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, shall be fined 1000 yuan or more 1000 yuan or less (the same below).

2.3 years or more 10 years or less.

Whoever commits this crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined.

The so-called serious circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the explanation, refers to the value of personal theft of public and private property ranging from 30 thousand yuan to 65438+ 10 thousand yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a huge amount is 250 copies.

Other serious circumstances refer to other serious circumstances except huge amount. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "large amount" and has one of the following circumstances, it can be considered as "other serious circumstances":

(a) the ringleader of a criminal group or the principal of a major crime;

(2) Theft of financial institutions;

(three) the crime of escape is seriously harmful;

(4) recidivism;

(5) Causing the victim's death, mental disorder or other serious consequences;

(six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences;

Stealing the means of production once, which seriously affects production;

(8) Causing other heavy losses.

In addition, according to the provisions of Article 9 (l) of the Interpretation, those who steal national second-class cultural relics should also be sentenced to a maximum of three years 10 years in prison and fined.

3./kloc-Fixed-term imprisonment of 0/0 years or more or life imprisonment.

Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than years or life imprisonment, and shall also be fined or confiscated.

If the circumstances are particularly serious, it means that the amount is particularly huge or there are other particularly serious circumstances. According to the explanation, the so-called "huge amount" refers to the theft of public and private property by individuals, the value of which is more than 300 thousand yuan to less than 500 thousand yuan.

Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes, the starting point for a particularly large amount is 2500, and other particularly serious circumstances refer to other particularly serious circumstances except for a particularly large amount.

According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "huge amount" and has one of the following circumstances, it can be considered as "other particularly serious circumstances":

(a) the ringleader of a criminal group or the principal of a major crime;

(2) Theft of financial institutions;

(three) the crime of escape is seriously harmful;

(4) recidivism;

(5) Causing the victim's death, mental disorder or other serious consequences;

(six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences;

Stealing the means of production once, which seriously affects production;

(8) Causing other heavy losses.

In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national first-class cultural relics shall also be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.

References:

Baidu encyclopedia-criminal record

References:

Baidu encyclopedia-reeducation through labor

References:

Baidu encyclopedia-theft