First, a person with a criminal record may be a recidivist when he commits a crime again, even if he is not a recidivist. A recidivist is a person who is sentenced to fixed-term imprisonment for intentional crime and commits intentional crime within five years after the execution of the penalty. Recidivists will be severely punished at the final judgment, but they cannot be sentenced to probation or parole. Even if you are not a recidivist, recidivist means that you are more dangerous and will be severely punished.
Second, those who violate the criminal law and are investigated for criminal responsibility, if they are public officials, will be expelled from public office and party member will be expelled from the Party. People who have not held public office cannot apply for public office. At the same time, people who are investigated for criminal responsibility cannot engage in professions such as lawyers and notaries.
Third, having a criminal record will not only have a negative impact on yourself, but also affect children's participation in civil service examinations, conscription, banking, state-owned enterprises, institutions, military schools and police schools. If you fail the political examination, you can't be hired.
(1) People with criminal records will be restricted from leaving the country.
Five kinds of people who are not allowed to leave the country:
Law of People's Republic of China (PRC) Municipality on Exit and Entry of Citizens
Twelfth China citizens are not allowed to leave the country under any of the following circumstances:
(1) Failing to hold a valid exit-entry certificate or refusing or evading border inspection;
(two) the punishment has not been completed or belongs to the defendant or criminal suspect in a criminal case;
(three) there are unresolved civil cases, and the people's court decides not to leave the country;
(4) Being subject to criminal punishment for obstructing the administration of the country (border) or being repatriated by other countries or regions for illegal exit, illegal residence or illegal employment, and not allowed to leave the country within the prescribed time limit;
(five) may endanger national security and interests, the relevant authorities in the State Council decided not to leave the country;
(6) Other circumstances under which exit from the country is prohibited by laws and administrative regulations.
(2) Other influences of having a criminal record on work and life.
1, administrative punishment, general fine detention, has little impact on life.
2. If you are detained or given compulsory detoxification, your personal information will be entered into the national drug control system. If you go abroad and stay in a hotel, there will usually be an alarm system in the local area to ask the local police station to investigate.
3. Reeducation through labor or shelter education, then, except going abroad and changing households, everything else will have a great impact.
4. Have a criminal record, can't apply for civil servants, and want to go abroad without a passport. Looking for a job may be discriminated against. When criminal cases occur in the future, people with criminal records will be the key targets of investigation first, and it is basically impossible to join the party. If you go abroad, there should be no problem with traveling. For other purposes (such as immigration), the visa issuing country may refuse the visa on the grounds of criminal record (only possible, depending on the policies of different countries).
Teachers' qualification certificate may not be passed in the file audit, and so are civil servants and institutions. There is no problem in starting a business. If you want to work in an enterprise, some enterprises will ask to fill in the punishment, while others will not. Loans are generally not a problem.
Extended data
The criminal record mentioned in the criminal law refers to a person who has been sentenced to criminal detention or fixed-term imprisonment by the people's court, and has completed the execution and committed a crime.
The conditions that constitute a criminal record are: criminals sentenced to criminal detention, fixed-term imprisonment, life imprisonment or suspended sentence. After he got out of prison, he committed new crimes.
If a criminal sentenced to public surveillance or criminal detention commits a new crime after serving his sentence, or if a criminal sentenced to fixed-term imprisonment is suspended, he does not commit a new crime within the probation period, but if he commits a new crime after the probation period expires, it will not be regarded as a criminal record. When a criminal who is serving a sentence commits a new crime, it cannot be regarded as a criminal record, but it belongs to a new crime during his sentence.
China's criminal law stipulates that a person with a criminal record who commits another crime within five years after the execution of the original judgment shall be given a heavier punishment.
For criminal minors who are sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, a single fine or exemption from punishment, their criminal records will naturally be permanently erased after the execution of punishment. If I or my family members apply, the Juvenile Court of the Municipal Court may report to the Municipal Committee for Comprehensive Management for a "certificate of no criminal record". ?
Minors sentenced to fixed-term imprisonment of more than three years have the right to apply for permanent elimination of their criminal records if they no longer intentionally commit crimes after the execution of the penalty 1 6 years of investigation. The process is as follows:
The office of the Leading Group for the Elimination of Criminal Records in the Juvenile Court of Leling City Court is responsible for accepting cases, and the investigation team for the elimination of criminal records composed of the public, prosecutors and lawyers is responsible for evaluating and investigating whether the repentance performance of juvenile criminals during the inspection period after serving their sentences has reached the law-abiding, will not commit new crimes and has not found any missing crimes. After investigation and examination, it shall be reported to the office of the Municipal Comprehensive Management Committee for approval, and a certificate of no criminal record shall be issued.
Since then, the criminal record of the minor has been eliminated, and it is regarded as not committing a crime, and its original legal status has been restored according to law. The original criminal file materials shall be encrypted and sealed by the relevant judicial departments, and shall not be made public, and their criminal penalties and legal documents shall no longer be recorded in their household registration and personnel files. Enjoy the same rights as other minors in terms of resumption of schooling, further education and employment. No one can discriminate.
References:
Baidu encyclopedia-criminal record
References:
Baidu encyclopedia-criminal record
References:
Baidu encyclopedia-criminal record elimination