Promulgation Date: 2022-5-24 Title: Implementation Measures for the Sealing of Juveniles' Criminal Records. Document Number: Expiration date: Promulgating Entities: Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security et al. Source of text: https://www.spp.gov.cn/spp/xwfbh/wsfbt/202205/t20220530_558343.shtml#2
To the high courts, people's procuratorates, public security offices (bureaus), departments of justice, PLA military courts and military procuratorates of all provinces, autonomous reasons and directly governed municipalities, and and Construction Corps branch courts established by the Xinjiang Uighur Autonomous Region's High Court, and Xinjiang Production and Construction Corps' procuratorates, public security bureaus and departments of justice:
The Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice have jointly drafted these Implementation Measures in the Sealing of juvenile's criminal records on the basis of the Criminal Procedure Law of the People's Republic of China and other relevant previsions, in order to fully implement Xi Jinping thought and further regulate efforts on sealing juvenile's criminal records; please earnestly implement them.
The Supreme People's Court, The Supreme People's Procuratorate
Ministry of Public Security, Ministry of Justice
May 24, 2022
Article 1: These Measures are drafted on the basis of the Criminal Law, Criminal Procedure Law, Law on Protection of Minors, Law on the Prevention of Juvenile Delinquency, and other relevant legal provisions, and in consideration of actual judicial work conditions, in order to thoroughly implement the directives on the education, reform, and support of juveniles who break the law and commit crimes, and to strengthen the special and priority protections for minors in accordance with the principle of the best interests of the minors.
Article 2: Juvenile criminal records as used in these measures refer to objective records on juvenile criminals made by designated state organs. The juvenile criminal records that shall be sealed include all case file materials and electronic archive information created during investigations, prosecutions, trials, and criminal enforcement related to juveniles or suspected juvenile crimes.
Article 3: Records such as on not giving criminal penalties, not pursuing criminal liability, non-prosecution, and employing criminal compulsion measures, as well as records of work such as conducting social investigations, mentoring and evaluation, psychological counseling, and judicial aid, are to be sealed in accordance with the content and procedures in these Measures.
Article 4: The criminal records of minors who were not yet 18 years old at the time of the crime and who were sentenced to up to five years imprisonment or excused from punishment, shall be sealed in accordance with law.
For juvenile criminal records in which multiple acts constitute a crime, or crimes that are handled together, are conducted both before and after minors turn 18, but the primary criminal conduct was conducted before the minor turned 18, and a judgment or decision was made to sentence them to up to 5 years imprisonment or to waive criminal punishment, the entire case file shall be sealed in accordance with law.
Article 5: When juvenile criminal records in cases of joint crimes by minors and adults that are handled separately, a conspicuous label shall be concurrently placed on the cover of the adults' unsealed case file indicating that it "includes information from sealed criminal records" etc., and necessary measures shall be employed to keep the relevant information confidential. In cases of joint crimes by minors and adults that are not handled separately, a conspicuous label shall be placed on the cover of the case file indicating that it "includes information from sealed criminal records" etc., and necessary measures shall be employed to keep the relevant information confidential.
Article 6: Where it is necessary to use information from sealed juvenile criminal records in other criminal, civil, administrative, and public interest litigation cases, a conspicuous label shall be placed on the cover of the case file indicating that it "includes information from sealed criminal records" etc., and necessary measures shall be employed to keep the relevant information confidential.
Article 7: In cases where minors are pronounced not-guilty because the facts are unclear or the evidence is insufficient, the records involved are to be sealed, but where the juvenile defendants or their legal representatives apply to not have the records sealed or to lift the seal, it may be unsealed or have the seal lifted upon the people's courts' consent.
Article 8: When the organ making the decision on sealing criminal records makes a decision on handling the case, it shall concurrently explain the system for sealing juvenile criminal records to the defendants or criminal suspect in the case and their legal representatives or relatives, and notify them of their related rights and obligations.
Article 9: The sealing of juveniles' criminal records shall implement the principles of being timely and effective. Minors whose criminal records are sealed are relieved of the obligation to report criminal records when joining the military or for employment.
When minors whose criminal records are sealed are being investigated by judicial organs because they are suspected of committing another crime, they shall proactively and truthfully confess the situation of their criminal records and must not avoid or conceal it.
Article 10: Juvenile criminal records that are required to be sealed are not to be disclosed in compliance with the Personal Information Protection Law of the PRC, and a dedicated archive for juvenile is to be established implementing a strict system for protected storage
A sealed label shall be set up for juvenile criminal record data in electronic information systems that need to be sealed, and it must not be inquired into, shared, or used without going through the legally-prescribed inquiry procedures.
Sealed juvenile criminal record data must not be provided or connected to external platforms.
Article 11: Where people's courts give sentences of up to five years imprisonment or waive criminal punishment to defendants who were not yet 18 years old at the time of the crime, after the judgment takes effect they shall promptly serve the criminal judgment document and Notice of Sealing Criminal Records on the defendant, and concurrently send it to the people's procuratorate and public security organ at the same level, and the people's procuratorate and public security organ shall coordinate with all levels of people's procuratorate and public security organs to seal the entire record of the juveniles involved in the case within 3 days of receiving the documents.
Article 12: After people's procuratorates make a non-prosecution decision for defendants who were not yet 18 years old at the time of the crime, they shall promptly serve the Non-prosecution Decision Document and a Notice of Sealing Criminal Records on the person not being prosecuted, and concurrently send it to the public security organ at the same level, and the public security organ shall coordinate with all levels of people's procuratorate and public security organs to seal the entire record of the juveniles involved in the case within 3 days of receiving the documents.
Article 13: For juvenile criminals who are sentenced to controlled release, given a suspended sentence, parole, or temporary service of sentence outside of prison, the community corrections establishments enforcing community corrections establishments or for the place where the sentence is being served shall seal the cases' juvenile criminal records within 3 days of the conclusion of the enforcement.
Article 14: The public security organs, people's procuratorates, people's courts. and judicial-administrative organs are respectively responsible for the acceptance, verification, and handling of efforts on the sealing and querying of criminal records within the scope of their duties.
Article 15: Where the juvenile whose criminal records have been sealed or their legal representative applies to have a proof of no criminal record issued the unit receiving it shall issue the proof of no criminal record within three working days.
Article 16: Where judicial organs need to make inquiries into criminal records in handling cases or units do so based on state provisions, a written application shall be submitted to the judicial organ that sealed the criminal records, laying out the reason, basis, and scope of use for the inquiry, etc., and the person making the inquiry shall present an official letter from the unit, proof of identification, and other such materials.
Where the requirements for inquiries are found to be met upon review, the unit accepting the application shall issue a proof that there is/is not a criminal record within 3 working days. Where the inquiry is permitted, after the inquiry the archive management department shall register the circumstances of the inquiry and store the application, approval materials, confidentiality pledge, and so forth together in the case archive. Where the inquiry is not permitted in accordance with law, a written decision to not permit the inquiry shall be issued to the inquiring unit within 3 working days, and explain the reasons.
Where judicial organs need to apply for inquiries for case handling or the prevention of new crimes, the sealing organ may allow them to access, copy, or reproduce the relevant case file materials and electronic information in accordance with law. Where units other than judicial organs make inquiries on the basis of state provisions, they may be notified of information such as whether the subject of the inquiry received a criminal punishment, and the charge and sentence given, based on their use, goals, and actual need, and when necessary, copies of legal documents may be provided.
Article 17: Where inquiries into juvenile criminal records that have been sealed are approved, the unit inquiring into the criminal record and relevant personnel are to be notified to use the relevant information strictly in accordance with the goals and usage of the inquiry and strictly respect confidentiality obligations, and they are to be required to sign a confidentiality pledge. Where the criminal records are not used as provided or related information is disclosed in violation of provisions, and the circumstances are serious or serious consequences are caused, the responsibility of relevant persons shall be pursued in accordance with law.
Where units such as judicial organs, administrative departments for education, minors' schools, or communities, as well as their staffs or persons such as litigation participants, social investigators, and appropriate adults obtain minors' sealed information as needed for work, they shall do a good job of preserving confidentiality and must not leak the sealed criminal records, or externally disclose the minor's name, residence, photo, or other materials from which the minor's identity could be deduced. Units or individuals that disclose sealed information in violation of legal provisions shall be pursued for legal responsibility in accordance with law.
Article 18: Where juveniles whose records are sealed meet any of the following conditions, the sealing organ shall lift the sealing of their criminal records:
(1) They commit a new crime while a minor, and the combined sentence for the new crime and the crime in the sealed record exceeds 5 years imprisonment;
(2) It is discovered that a crime committed while a minor was omitted, and the combined sentence for the omitted crime and the crime in the sealed record exceeds 5 years imprisonment;
(3) Where the sentence is changed to more than 5 years through the trial supervision procedures;
Where juveniles whose records are sealed commit another intentional crime, the people's courts shall indicate their prior criminal record in the judgment document.
Article 19: In cases that meet the conditions for lifting sealing, the restrictions on sealed juvenile criminal records are no longer applied from the date on which the conditions are established.
Article 20: Where public employees who bear responsibility for sealing criminal records and protecting minors' privacy and information improperly leak minors' criminal records, privacy, or information, they shall be given sanctions; where serious consequences are caused creating major harm to the nation or individuals, or a vile impact, criminal responsibility is to be pursued in accordance with law.
Article 21: Where information on minors involved in a case that shall be sealed is improperly disclosed causing minors to not receive equal treatment in areas such as schooling, employment, life safeguards, or other areas, the minor and their legal representative may submit an application for sealing to the relevant organ or unit, or apply for supervision to the people's procuratorate.
Article 22: The people's procuratorates are to conduct legal supervision of criminal record sealing work. Where criminal records that shall be sealed are not sealed or are improperly sealed, or where minors and legal representatives raise objections, the people's procuratorates shall conduct an inspection, and where there are truly errors, they shall promptly notify the relevant to make corrections.
The relevant units shall promptly inspect and address it after receiving the corrective opinion from the people's procuratorate. Where upon inspection there are no errors, the reason shall be explained to the people's procuratorate; where upon inspection there is true error, it shall be promptly corrected and the people's procuratorate shall be informed of the corrective measures and their outcome.
Article 23: Where cases handled before December 31, 2012 meet requirements for sealing records, they shall be sealed in accordance with these Measures.
Article 24: "Up to 5 years imprisonment" as used in these Measures includes 5 years.
Article 25: The Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and the Ministry of Justice are jointly responsible for the interpretation of these Measures.
Article 26: These measures take effect on May 30, 2022.