In order to strictly implement the provisions of Article 286 of the Criminal Procedure Law of People's Republic of China (PRC), Article 103 of the newly revised Law on the Protection of Minors and Article 59 of the Law on the Prevention of Juvenile Delinquency on the privacy and information protection of minors, and effectively solve the problems that affect the reintegration of minors into society, such as information leakage caused by improper management of juvenile criminal records and related records, recently, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice signed and issued. The relevant information is hereby notified as follows:

First, the necessity of formulating the "Implementation Measures"

The criminal procedure law revised by 20 12 adds the system of sealing juvenile criminal records. However, due to the relatively principled provisions, we are not sure about the subject, specific content and procedure of sealing and the subject, content and procedure of inquiry in practice, which leads to problems such as improper management of sealing and disorderly supervision of relevant departments in the implementation of this system. For example, some enterprises illegally provide, sell and use juvenile criminal records, which leads to the disclosure of juvenile criminal records. In recent years, deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference have repeatedly put forward suggestions and proposals to improve the system of sealing up juvenile criminal records. Therefore, in June, 20021year, we conducted a special investigation on the implementation of this system.

Through investigation, it is found that in most provinces, the criminal records of minors should be sealed or illegally inquired, which leads to information leakage and discrimination against minors in examinations, further studies, employment and life. Many minors involved in the case can't work and live normally, so they have no choice but to take the road of protecting their rights through letters and visits. According to the statistics of judicial organs, from April 20 17 to April 2022, 80,855 minors were not prosecuted, and157,962 minors were sentenced to fixed-term imprisonment of less than five years, accounting for 2,38817. If such a large number of juvenile delinquents find it difficult to find employment and enter school because of the confidentiality of their criminal records, they may be in view of the problems existing in practice. the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice have repeatedly discussed and studied to unify and refine the relevant laws and regulations at the national level, further unify their understanding, standardize their working procedures, promote the convergence and cooperation between the public, procuratorial, legal and legal departments, and form a joint force to ensure the effect of education, probation and rescue of minors involved.

Second, the main contents of the "implementation measures"

The full text of the Implementation Measures consists of 26 articles, covering the definition and scope of juvenile criminal records, sealing conditions, sealing subjects and procedures, inquiry subjects and application conditions, providing inquiry services, conditions and consequences of lifting sealing, confidentiality obligations and related responsibilities. , basically solved the main problems encountered in the current juvenile criminal record storage. Specifically:

(1) The sealing contents shall be comprehensive. That is, the materials involved in juvenile cases should be sealed. First, the materials in the procedure of juvenile criminal cases should be encrypted and kept before the end of the proceedings, and should not be made public; If the people's court is sentenced to fixed-term imprisonment of not more than five years or exempted from criminal punishment after making a judgment according to law, the relevant departments shall take the initiative to seal up their criminal records related to minors. For cases with the same crime, the cover of adult files that are not sealed after division shall be marked with "sealed materials containing criminal records", and necessary confidentiality measures shall be taken for relevant materials. Second, there is no record of criminal punishment, no criminal responsibility, no prosecution and criminal compulsory measures against minors; Records of social investigation, assistance and education, psychological consultation and judicial assistance for minors involved in crimes should also be sealed according to law. Third, for cases involving minor victims, civil, administrative and public interest litigation cases involving minors, we should also pay attention to keeping the information of minors confidential. Four, 20 12 12 3 1 February closed cases, which meet the conditions for sealing criminal records or related records, should also be sealed.

(2) The sealing measures should be effective. First, all case materials should be encrypted in accordance with the relevant provisions of the Personal Information Protection Law, and a strict custody system should be implemented. In addition to the substantial sealing of paper documents and archival materials, it is emphasized that electronic data should also be sealed, encrypted and managed separately, and strict inquiry authority should be set. Second, it is stipulated that the sealed case materials shall not be provided to any platform or authorized to connect with relevant platforms, and the online platform shall not be authorized to directly inquire about juvenile crime information through networking. Third, the staff of judicial organs have the obligation to inform those who know the information about minors involved in the lawsuit, and stipulate the legal responsibility for not fulfilling this obligation. Fourth, after the juvenile criminal record is sealed, it may not be unsealed unless it is due to legal circumstances. However, if a minor whose criminal record has been sealed intentionally commits a crime as an adult, the people's court shall specify his previous criminal record in the judgment document.

(3) The inquiry procedure should be strict. The first is to further clarify the query subject. According to the law, the subject of unit inquiry is strictly restricted. Without state regulations, the relevant units shall not be allowed to inquire about the criminal records of minors. For individuals to inquire about their criminal records, they can be accepted according to the application. The second is to strictly inquire about the procedure, and make it clear that no unit or individual may provide minors with criminal records unless for legal reasons or through legal procedures. For the relevant units and individuals to inquire about the application of juvenile criminal records, carefully examine the reasons, basis and purpose of the application, strictly check and answer in time. The third is to clarify the form of certification. That is to say, for criminal records that do exist after inquiry and should be stamped, a certificate of no criminal record should be issued in a unified format, which is the same as that of those with no criminal record at all, and attached with a unified format. Fourth, if the inquiry is allowed, the inquiry unit and relevant personnel shall be informed to use the relevant information in strict accordance with the purpose and scope of the inquiry, and strictly abide by the confidentiality obligation. Those who do not use the inquired records or disclose relevant information in violation of regulations shall be investigated for legal responsibility according to law. The fifth is to standardize the inquiry exit. In order to facilitate the work, the current practice of providing criminal record inquiry services by public security organs, procuratorial organs, judicial organs and judicial administrative organs according to their functions and powers has been retained in the implementation measures.

(4) Accountability is in place. The first is to clarify the legal responsibility for improper information disclosure. Article 20 stipulates that public officials who undertake the work of sealing up criminal records and protecting the privacy and information of minors shall be punished if they improperly disclose criminal records or privacy and information of minors; Causing serious consequences, causing heavy losses or adverse effects to the state and individuals, relevant criminal responsibilities shall be investigated according to law. The second is to clarify the procuratorial supervision power of the people's procuratorate to seal up criminal records. It is stipulated that procuratorial organs should include the whole process of sealing up juvenile criminal records and protecting privacy and information in the scope of procuratorial supervision, and relevant departments should review the feedback in time after receiving corrective opinions.

Third, departmental linkage * * * With the promotion of the juvenile criminal record sealing system, "it is not enough to rely solely on the law". In the next step, we will take the "Implementation Measures" as the starting point to strengthen the linkage and cooperation between departments. * * * With the implementation of the system, we will continue to strengthen publicity. Promote the relevant departments and individuals to abandon the traditional retribution thought, adhere to the principle that is most beneficial to minors, promote the whole society to understand and support the implementation of this system, and ensure the smooth return of juvenile offenders to society. The second is to organize relevant training. Effectively enhance the sense of mission, responsibility and consciousness of relevant responsible departments and personnel to seal up juvenile criminal records, and fully grasp and correctly implement this system. The third is to strengthen the further research on the system of sealing up juvenile criminal records. Conduct in-depth research and demonstration on the controversial issues and frontier issues of juvenile criminal record sealing, scientifically sum up the experience in judicial practice and the new situations and problems arising in the work, respond to social concerns in time, revise and improve the implementation measures in time, and maximize the value of the juvenile criminal record sealing system.

The healthy growth of minors is related to the future of the country and the nation. With the implementation of the law on the protection of minors and the law on the prevention of juvenile delinquency as the starting point, we will further strengthen and improve the judicial protection of minors, strictly implement the responsibilities of various departments, strive to implement the system of sealing juvenile criminal records, educate and save every child who has made mistakes to the maximum extent, effectively protect the legitimate rights and interests of minors such as privacy, education and employment, and better help minors who have committed crimes to treat them equally and return to society smoothly.