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Some juvenile offenders will get another chance with seal on their criminal past

By Wang Yiqing | CHINA DAILY | Updated: 2019-12-11 00:00
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IN 2014, Zhejiang province launched a pilot program to seal the criminal records of juveniles. By 2016, it had enabled 145 offenders to enter college. The provincial people's procuratorate along with 12 other provincial level departments have now issued a document officially rolling out the system throughout the province, which has triggered wide public concern and discussion. China Daily writer Wang Yiqing comments:

The sealing of their criminal records gives juvenile offenders a chance to return to society. According to the document, local courts, procuratorates, public security organs and judiciary organs should seal the criminal records of juveniles under 18 years of age if they have been sentenced to less than five years of imprisonment. Also, the public security organ should issue a certificate that these offenders have no criminal record once they return to society after their release from jail. Relevant authorities, such as the education department and civil affairs department, should not append the relevant legal documents to the juveniles' personal files.

Although praised by some as offering young offenders a second chance, others have raised doubts about the move, fearing such a provision will make juveniles indulge in criminal behavior once they realize they won't fall on the wrong side of the law as long as they are under 18 years of age.

Such concerns are unfounded.

The system was established after the Criminal Law of the People's Republic of China was revised in 2012. The idea is to help juveniles who have had a brush with the law successfully return to society. In 2012, Weixian County People's Court in Henan province successfully piloted the sealing of the criminal record of juveniles sentenced to less than five years in prison. And several provinces and regions, including Zhejiang and the Xinjiang Uygur autonomous region, have since implemented this system.

Besides, the juvenile criminal record seal system has taken note of the public's concern. The seal on the criminal records of juveniles is not inviolable. Under specific circumstances, the judicial authorities can still refer to the records. Besides, the system only applies to juveniles committing minor crimes. Juveniles who commit serious crimes endangering public security are not eligible to have their criminal records sealed. In addition, the criminal record seal can be reopened if the juveniles commit another crime.

Juvenile offenders deserve a second chance to return to society. This provision to seal records will benefit not only the offenders themselves, but also ensure social harmony, which should be promoted nationwide.

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