Can I get a certificate of no criminal record without prosecution?

Legal subjectivity:

The decision not to prosecute refers to a decision made when it is found that the defendant's behavior does not constitute a crime or there are other legal circumstances that should not be investigated for criminal responsibility. In essence, it is a decision made by the People's Procuratorate to terminate the lawsuit. So, can I issue a certificate of no criminal record if I decide not to prosecute? 1. Non-prosecution determines whether to issue a certificate of no criminal record 1. Non-prosecution is a legal disposal method adopted by the procuratorate after reviewing a criminal case: 2. The basis for non-prosecution is that the case does not meet the conditions for prosecution or the case The actual situation is not suitable for filing a lawsuit; 3. The legal effect of the decision not to prosecute is to terminate the criminal proceedings without submitting the case to the court for trial; 4. The procuratorial organ’s decision not to prosecute has final effect and cannot be changed if the conditions required by law are not met. The effective non-prosecution decision will be followed by public prosecution. If you are not found guilty by the court, it is not a crime and there is no criminal responsibility. You can return to your place of origin and issue a certificate of no criminal record. You need to bring your ID card and household registration book to the police station where your household registration is located, and it should be issued. If it is not issued, you can ask the police station to issue a legal reason for not issuing one. If the police station cannot provide legal basis, you can complain to the higher-level public security agency. 2. Procedures applicable to non-prosecution (1) Review. After review and prosecution, if it is deemed necessary to proceed without prosecution, the prosecutor handling the case shall write a review report, which shall be reviewed by the department head and submitted to the chief prosecutor for decision or the chief prosecutor shall submit it to the procuratorial committee for discussion and decision. (2) Decide not to prosecute. The decision not to prosecute is exercised by the Prosecutor General and the Prosecutorial Committee. (3) Announcement and delivery. The People's Procuratorate shall publicly announce the decision not to prosecute, and deliver the decision not to prosecute to the person not to be prosecuted, his unit, the victim or his close relatives, and the victim's litigation agent. When served, the victim or his close relatives or litigation agent shall be informed that if he is not satisfied with the decision not to prosecute, he may appeal to the People's Procuratorate at the next higher level within 7 days after receiving the decision not to prosecute, or he may directly lodge a lawsuit with the People's Court without appeal. For persons who are not prosecuted in accordance with the provisions of Paragraph 2 of Article 142 of the Criminal Procedure Law, they should be informed that if they are not satisfied with the decision not to prosecute, they can appeal to the People's Procuratorate within 7 days after receiving the decision not to prosecute. (4) Follow-up work without prosecution. After the decision not to prosecute is announced and served, the compulsory measures should be lifted promptly, the seizure and freezing should be lifted, and procuratorial opinions should be given to the non-prosecutor who needs to be given administrative penalties or administrative sanctions or his illegal income should be confiscated and transferred to the relevant competent authorities for processing, etc. (5) Submit for approval. According to the "Regulations on the People's Procuratorate at or below the provincial level reporting the decision of withdrawing the case or not prosecuting a directly accepted investigation case to the People's Procuratorate at the next higher level for approval passed by the 39th meeting of the 10th Procuratorial Committee of the Supreme People's Procuratorate in September 2005 ( (Trial Implementation)", if the People's Procuratorate at or below the provincial level makes a decision not to prosecute a directly accepted investigation case, it must report it to the People's Procuratorate at the next higher level for approval. 3. Conditions for handling certificates of no criminal record 1. Units and citizens who meet one of the following circumstances and meet the scope of applicants under these regulations can apply to the police station at the place of residence of the person being certified to issue a "certificate of whether the citizen has a criminal record" : (1) Political review for the recruitment of civil servants by state agencies; (2) Political review for the recruitment of new party members by Communist Party of China organizations; (3) National laws, regulations and rules stipulate that citizens must have "no illegal and criminal records" as a prerequisite for practicing law; ( 4) Citizens apply to notary institutions for notarization of illegal and criminal records in accordance with the law; (5) Other situations where the municipal public security agency deems it necessary to issue a certificate of illegal and criminal records after the relevant departments submit a unified application. 2. The following circumstances are not included in the scope of “certification” in these regulations: (1) Political review for military recruitment and admissions to military and police academies; (2) Case records of persons suspected of criminal offenses or public security violations by the Public Security Bureau and the National Security Department Investigation; (3) Discipline inspection and supervision departments at all levels learn from the public security organs about the illegal and criminal situations of party and government personnel of the unit in society; (4) Those who are over 14 years old and under 18 years old have been fined or warned twice for minor violations. or no punishment; (5) Except for records of deaths due to traffic accidents, general traffic violations that have not been punished by administrative detention or above. 3. Applicants who issue certificates are divided into unit applicants and citizen applicants. (1) Unit applicants: state agencies that employ civil servants; organizational departments of party committees at all levels; notary institutions established in accordance with the law. (2) Citizen applicants: residents of this city who are required by national laws, regulations, and rules to practice without illegal or criminal records; residents of this city who need to apply for notarization of criminal record certificates from a notary agency in accordance with the law due to entry and exit visas, etc. Registered resident. For residents who want to leave the country or immigrate, many countries require that they provide proof of no criminal record and have it notarized. If you apply for a British entrepreneur immigration and investment immigration visa, you will need to submit a criminal record certificate starting from September this year. Citizens with local household registration who apply for a certificate of no criminal record must present their ID card and provide a copy. Legal objectivity:

1. Can a certificate of no criminal record be issued if the person does not prosecute if there is doubt? If the procuratorate makes a decision not to prosecute if there is doubt, the party concerned has no criminal record because he has not been sentenced, and can issue a certificate of no criminal record. 2. Relevant legal provisions: Article 12 of the "Criminal Procedure Law of the People's Republic of China" stipulates that no one may be convicted without a judgment by the people's court in accordance with the law.

Article 177 If the criminal suspect has no criminal facts, or falls under any of the circumstances stipulated in Article 16 of this Law, the People's Procuratorate shall make a decision not to prosecute. If the crime is minor and does not require a penalty or exemption from penalty in accordance with the criminal law, the People's Procuratorate may decide not to prosecute. If the People's Procuratorate decides not to prosecute a case, it shall also unseale, detain, and freeze the property that was seized, impounded, and frozen during the investigation. If a person who is not prosecuted needs to be given administrative penalties or sanctions or his illegal income needs to be confiscated, the People's Procuratorate shall issue a procuratorial opinion and transfer it to the relevant competent authority for handling. The relevant competent authorities shall promptly notify the People's Procuratorate of the handling results. "Opinions on Establishing a Criminal Record System for Criminals" 2. Main contents of the criminal record system (1) Establishing a criminal information database In order to strengthen the effective management of criminal information, relying on the existing network and resources of political and legal agencies, the public security Government agencies, national security agencies, people's procuratorates, and judicial administrative agencies will establish relevant record information databases and realize interconnection. When conditions are mature, a unified national criminal information database will be established. The information entered by the criminal information registration authority shall include the following: the basic information of the criminal, the name of the procuratorial organ (private prosecutor) and the judicial organ, the judgment number, the date of judgment determination, the crime, the penalty imposed and the execution of the penalty, etc.