Job Recruitment Website - Immigration policy - What does criminal record mean?
What does criminal record mean?
1. Criminal record refers to a person who has been sentenced by the court to public surveillance, criminal detention, fixed-term imprisonment, suspended sentence, life imprisonment, etc. When was it sentenced, when was it released, and the charges;
2. If you are detained, it is not a criminal record;
3. The principle of the system of sealing juvenile criminal records is stipulated. The juvenile criminal records, files and other related materials that should be sealed shall be bound into volumes and kept encrypted. There are still some differences in implementation, and how to seal up criminal records needs to be clarified in many aspects.
Second, what is the process of handling criminal cases?
1, public security investigation stage. The public security organ may impose criminal detention on an active criminal or a major suspect;
2, the procuratorate review and prosecution stage. The people's procuratorate shall make a decision to transfer the prosecution to the public security organ within one month, and the major and complicated cases may be extended for half a month;
3, the court trial stage. When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, generally not more than one and a half months at the latest.
Third, how to issue a criminal record?
The certificate of no criminal record shall be issued by the employer to the police station, and a letter of introduction from the employer shall be presented. Individuals who go abroad or immigrate can issue a certificate of no criminal record to the police station where they are registered. Other aspects need "proof of no criminal record", and the police station will not issue it to individuals.
The scope of issuance of the certificate of no illegal crime:
1. State administrative units, judicial organs and other relevant units issue this certificate for investigation according to the needs of relevant business development.
2. Relevant enterprises and institutions need the public security organ to issue this certificate when recruiting personnel with special jobs and positions.
Only these two categories, the other are not issued. Only units or organizations can issue letters of introduction or certificates to public security organs.
4. Will administrative detention leave a criminal record?
Administrative detention belongs to administrative management, not criminal cases. They all said they would not leave a criminal record. Don't worry about this. After public security detention, a fine is usually paid. Administrative punishment is an illegal record, not a criminal record. Only those who have received criminal punishment have criminal records.
Administrative punishment is the embodiment of administrative authority, and it is the punishment given by administrative organs for violations of administrative regulations and rules. It is actionable, that is, if the administrative counterpart refuses to accept the administrative punishment, he may apply for reconsideration or bring an administrative lawsuit to the court. A criminal act is a punishment according to the criminal law. This is the most serious norm in all legal environments, and it is not actionable.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 275
Handling of misjudged cases and appeals in penalty execution. If a prison or other executing organ thinks that there is an error in the judgment or if a prisoner files a complaint during the execution of the penalty, it shall refer it to the people's procuratorate or the people's court that originally sentenced him for handling.
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