Can I go to college after being sentenced? It is the annual college entrance examination again. At this time of the year, most students walk into the examination room with anxiety, and some students with criminal records don't know if they can go to college, so
Can I go to college after being sentenced? 1 If you didn't take the college entrance examination, according to the "Regulations on Enrollment in Colleges and Universities", people who have been taken compulsory measures by the relevant departments or are serving sentences cannot sign up for the college entrance examination.
If you have entered the school, it is very likely that the perpetrator will be expelled from the school for violating the school rules because he was sentenced. However, minors who have been released from prison after criminal punishment and are undergoing community correction have the same right to further their studies, and no unit or individual may prohibit them.
One of the following circumstances, shall not sign up for the college entrance examination:
(1) college students with higher education qualifications, or students who have been admitted to colleges and universities and retain their admission qualifications;
(2) Students who have not graduated from senior secondary education schools this year;
(3) Persons who have been suspended from taking the college entrance examination for violating the provisions of the national education examination and are in the suspension period;
(four) because of the violation of the criminal law, the relevant departments have taken compulsory measures or are serving sentences.
Legal basis:
Article 2 of the National Unified Examination for Enrollment of Ordinary Colleges and Universities
Ministry of education stipulates
The Ministry of Education, as the highest education authority in China, has issued the Regulations on Enrollment of Ordinary Colleges and Universities over the years, which clearly stipulates that "persons who have been taken compulsory measures by relevant departments or are serving sentences for violating the criminal law" shall not register.
According to the literal meaning of this provision, any person who has been subjected to five criminal compulsory measures, such as compulsory summons, bail pending trial, residential surveillance, criminal detention and arrest, or who is serving a sentence in or outside a juvenile detention center, detention center or prison, may not sign up for the college entrance examination.
legal provision
Article 40 of the Education Law stipulates that the state, society, families, schools and other educational institutions shall create conditions for minors who commit illegal and criminal acts to receive education.
Article 58 of the Law on the Prevention of Juvenile Delinquency stipulates that minors who have been released from prison and accepted community correction enjoy the same rights as other minors in terms of resumption of schooling, further studies and employment, and no unit or individual may discriminate against them.
Article 113 of the Law on the Protection of Minors stipulates that minors who violate the law and commit crimes shall not be discriminated against in terms of further studies and employment. According to the above-mentioned laws and regulations, minors who have been released from prison and are undergoing community correction enjoy the same right to further their studies, and no unit or individual may prohibit them.
After reading the above regulations, we will find that for the purpose of protecting minors, the regulations of the Ministry of Education are stricter and the laws are looser. There is a certain conflict between the two. According to the spirit of the legislative law, the effectiveness of the law is higher than the internal regulations of the Ministry of Education. If there is any conflict between the two, it should be handled according to the law.
Can I go to college after being sentenced? Can college students go to school after being sentenced to probation?
Detention on probation will not affect school attendance unless you are expelled from school.
The person sentenced to probation shall abide by the provisions of Article 75 of the Criminal Law of our country, and the criminal sentenced to probation shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) to report their own activities according to the provisions of the inspection organ;
(three) to comply with the provisions of the inspection organ on the reception of visitors;
(four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.
It can be seen that this regulation does not prohibit going to school, but if you need to leave the city or county where you live or move to school, you should report to the inspection organ for approval and abide by other regulations.
In addition, China's "Regulations on the Management of Students in Colleges and Universities" also stipulates that if a student violates the national criminal law and constitutes a criminal offence, the school may order him to drop out of school or expel him from school as appropriate. Here is "can", not "must".
Therefore, the sentenced college students don't have to be expelled from school, but sentenced to probation, which shows that they have good repentance and little subjective malignancy. We can suggest that the school consider not expelling them for the time being from the perspective of educational salvation. It depends on the rules and regulations of the school and the consultation with the school.
Statutory circumstances under which a school can expel students.
According to the Ministry of Education's Regulations on the Management of Students in Colleges and Universities, students can be expelled from school in any of the following circumstances:
(1) Violating the Constitution and opposing the Four Cardinal Principles, undermining stability and unity and disturbing social order;
(two) in violation of state laws, which constitutes a criminal offence;
(3) Being punished by public security administration, if the circumstances are serious and the nature is bad;
(4) Taking the test instead of others or letting others take the test instead, organizing cheating, cheating with communication equipment or other equipment, selling test questions or answers to others for profit, and other serious cheating or disturbing the order of the test;
(5) Academic misconduct such as plagiarism, tampering and forgery exists in dissertations and published research results, and the circumstances are serious, or the dissertations are written or bought and sold on behalf of others;
(six) in violation of these regulations and school rules and regulations, seriously affecting the school education and teaching order, life order and public place management order;
(seven) infringe upon the legitimate rights and interests of other individuals and organizations, resulting in serious consequences;
(eight) repeatedly violated the school rules by disciplinary action, education does not change.
Can I go to college after being sentenced? 1. Can a child whose parents have been criminally punished be admitted to a university?
Children can go to college and their future will not be affected by their parents' behavior.
What people with criminal cases can't do:
Judge Law of People's Republic of China (PRC)
Article 10 The following persons shall not serve as judges:
(1) Having received criminal punishment for committing a crime.
(2) Being expelled from public office.
2. People's jurors
decision of the standing committee of the national people's congress on improving the people's jury system
Article 6 The following persons shall not serve as people's jurors:
(1) Having received criminal punishment for committing a crime.
Public Procurators Law of the People's Republic of China
Article 11 The following persons shall not serve as public prosecutors:
(1) Having received criminal punishment for committing a crime.
(2) Being expelled from public office.
Second, the main punishment of criminal punishment
1. Control: Control refers to the penalty method that criminals are not imprisoned, but their freedom is restricted and corrected by the community according to law. It is one of the types of punishment in China and belongs to the principal punishment. Public surveillance is the lightest principal punishment, which belongs to the original punishment in China. According to the provisions of the criminal law:
(1) The control period is more than 3 months and less than 2 years.
(2) Criminals sentenced to public surveillance shall be corrected by the community according to law.
(3) Criminals sentenced to public surveillance must abide by relevant regulations; Equal pay for equal work in labor.
(four) after the expiration of the control period, the executing organ shall immediately announce the cancellation.
(5) The period of control shall be counted from the date of execution of the judgment; In case of early detention, 1 day shall be reduced to 2 days' imprisonment. The characteristics of public surveillance punishment are: first, the punishment level is the lowest; Second, there is no need to invest in special renovation sites, and the public security organs are responsible for supervision; Third, labor is paid. Fourth, the detention time can reach the sentence.
2. Criminal detention: Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. In China's penal system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:
1. Criminal detention is a short-term free punishment. The minimum term of criminal detention is more than 1 month and the longest is no more than 6 months. Therefore, criminal detention is the lightest of the three kinds of freedom punishment of detaining criminals and implementing compulsory labor reform in China.
2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.
3. Fixed-term imprisonment: it is a penalty method of depriving criminals of their personal freedom for a certain period of time and implementing compulsory labor reform. Fixed-term imprisonment is the main punishment of deprivation of liberty, and its punishment range varies greatly, from misdemeanor to felony. Therefore, in China's criminal punishment system, fixed-term imprisonment occupies a core position.
4. Life imprisonment: it is a penalty method of depriving criminals of their freedom of life and forcing them to reform through labor.
5. Death penalty: It is a penalty method to deprive criminals of their lives, including immediate execution and suspended execution. The death penalty is the heaviest penalty in China, and it is a criminal law that deprives criminals of their right to life and political rights. So the death penalty is strictly controlled.