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What are the consequences of being sentenced to probation and having a criminal record?
Legal analysis: Suspended sentence means that the people's court considers that the original sentence can be suspended and stipulates a certain period of time for criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years based on the circumstances of their crimes and their confession and repentance. Probation period is a penalty execution system in which no statutory revocation of probation occurs during the probation period and the original sentence will no longer be executed. If a person sentenced to probation has a criminal record, he will not be able to join the army, take civil service examinations, or public institutions, or issue a certificate of no criminal record, which will affect his children and relatives' joining the party, joining the army, and other political trials; during the probation period, criminals must abide by laws, administrative regulations, and obey supervision; in accordance with the inspection Report your own activities according to the regulations of the inspection agency; comply with the regulations of the inspection agency on receiving guests; leave the city or county where you live or move, you must obtain approval from the inspection agency. Convicts on probation who participate in labor shall receive equal pay for equal work. If an additional penalty is imposed at the same time, the additional penalty shall still be implemented. There are two situations where probation can be conditionally changed. First, if the criminal performs well during the probation period and no longer commits crimes, he can no longer execute the original sentence or shorten the probation period after the probation period expires. Second, if the criminal commits a new crime during the probation period, the court should revoke the probation and decide on a new penalty in accordance with the principle of concurrent punishment for several crimes.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 275 Anyone under the age of 18 when committing a crime shall be sentenced to five years in prison If the following penalties are imposed, the relevant criminal records shall be sealed.
Criminal records that have been sealed shall not be provided to any unit or individual, except when the judicial authorities need to handle the case or the relevant unit conducts inquiries in accordance with national regulations. Units that conduct inquiries in accordance with the law shall keep the status of sealed criminal records confidential.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice "Opinions on Establishing a Criminal Records System for Criminals" Criminal records are objective records of criminals by specialized state agencies. The criminal record system is an important part of the modern social management system. In order to adapt to the needs of economic and social development in the new era, further promote innovation in social management, maintain social stability, and promote social harmony, the following opinions are hereby put forward on the establishment of a criminal record system for criminals in our country.
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