"Unified encryption" criminal records allow minors to "return without trace"

  Li Yingfeng

  On May 30, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice signed and issued the "Implementation Measures on the Sealing of Juvenile Criminal Records" (referred to as the "Implementation Measures") to effectively solve juvenile crimes in practice. Improper management of records and related records leads to information leakage and affects the reintegration of minors who have slipped into society.

  The visible punishment has long ended, but the invisible "punishment" has always been with it-many minors face the problem of "labeling" their identities after they have been criminally punished for their crimes. "The predicament.

As early as 2012, the "Criminal Procedure Law" established a juvenile criminal record sealing system, but the relevant laws are more principled and fail to clarify the subject of sealing and the scope and form of "related criminal records" that should be sealed. , and did not make specific provisions on the storage standards and query conditions, so that the storage system has a large space for understanding and discretion. It is difficult for relevant departments to grasp the specific operations, and it is prone to operational differences and incomplete storage. In place, etc. question.

  In recent years, public security, procuratorial and legal authorities have successively issued departmental regulations for the sealing of juvenile criminal records, and some localities have also made active attempts to build systems, and supporting implementation systems are constantly being improved.

At the same time, in some aspects of the system between various departments and between departments and localities, there are still problems such as inconsistent standards, poor connection and even contradictions, which have caused some shortcomings in the implementation of the juvenile criminal record sealing system. Boards and loopholes, as well as chaos in storage management and supervision, including failure to achieve "should be sealed" and "should be sealed" in some places, and many juvenile crime information has been illegally queried or improperly disclosed.

  The Supreme Court and other four departments jointly issued the "Implementation Measures", which systematically integrated the previous departmental and local regulations, provided detailed implementation rules for the sealing system established by the Criminal Procedure Law, and uniformly clarified the sealing of juvenile criminal records. It unifies the "legal password" for the sealing of juvenile criminal records, which helps to enhance the comprehensiveness, standardization, accuracy, authority and order of the sealing, and helps the juvenile's criminal record. "A Traceless Return".

  The "Implementation Measures" put forward the sealing requirements for all the case files and electronic archives related to juvenile delinquency or suspected crimes formed during the process of investigation, prosecution, trial and criminal execution, and expanded the scope of sealing to no criminal punishment, Records of not investigating criminal responsibility, not prosecuting, taking criminal coercive measures, as well as records of social investigations, help and education inspections, psychological counseling, and judicial assistance for minors involved in crimes.

The scope and boundaries of the storage are clarified, a larger and more realistic "information storage protection circle" is drawn for minors involved in crimes and cases, and the storage system is more operable.

  In the process of growing up, minors may encounter requirements such as reporting and verifying criminal records in many key links. If the criminal record information of minors is known to relevant units in these links, minors are likely to be discriminated against.

The "Implementation Measures" specifically stipulates that minors whose criminal records are sealed shall be exempted from the obligation to report their criminal records when enlisting in the army or employed; the minors whose criminal records have been sealed or their legal representatives shall apply for the issuance of a no-criminal record for them. If it is proved, the acceptance unit shall issue a certificate of no criminal record within three working days.

In this way, minors with sealed criminal records will not have the pressure to verify their criminal records during military enlistment, employment, etc., and they can participate equally with the identity of "no criminal record" and have equal access to opportunities just like other people.

  Previously, the risk of revealing juvenile criminal record information in the query link was high.

The "Implementation Measures" clarifies the subject, conditions, scope, confidentiality obligations, and the subject and responsibility of permitting inquiries. A stricter password is set for the exit of juvenile criminal record information, which can effectively reduce the risk of inquiry leakage.

In accordance with the "Personal Information Protection Law", the "Implementation Measures" include juvenile criminal records that need to be sealed into the category of personal privacy information for protection, clarify the legal nature of juvenile criminal record information, and also provide protection for juvenile criminal records that need to be sealed. Criminal records provide a solid legal basis.

Keywords: