First, according to the relevant provisions of the Public Security Administration Punishment Law, warning is a kind of public security punishment, and it also belongs to the category of illegal behavior, consequences and the lightest circumstances.
Second, in principle, all public security cases handled by police stations should be put on file for inquiry. However, in practice, only police stations with good office conditions and perfect management will establish files and keep them in a unified way. Police stations with poor office conditions and relatively backward management simply have no conditions to file a case, and they will be discarded after processing.
Third, as long as a criminal case is decided by a people's court, criminal judgment will send it to the police station where the household registration is located, and the police station will make a criminal record. In this case, it will be a lifetime record.
Extended data
fundamental principle
Basic principles of public security management punishment
1. Statutory principles of behavior and punishment
Article 3 of the Administrative Punishment Law stipulates: "Administrative punishment is invalid if there is no legal basis or if legal procedures are not followed." This is the essence of the legal principle of behavior and punishment, which involves public security management punishment, that is to say, violations of public security management and public security management punishment should be stipulated by law. If there is no explicit provision in law, it cannot be regarded as violations of public security management and public security management punishment cannot be applied.
Regrettably, this principle is not set in the provisions of the Law on Public Security Administration Punishment.
2. The principle that punishment is commensurate with the illegal act.
Article 4 of the Administrative Punishment Law stipulates: "The establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of illegal acts." Article 5 of the Law on Public Security Administration Punishment also stipulates: "Public security administration punishment must be based on facts, which is equivalent to the nature, circumstances and social harm of violations of public security administration.
"This is the core of the principle that punishment is equivalent to illegal acts, which means that public security management punishment is based on facts and is equivalent to the nature, circumstances and social harm of violations of public security management. This reflects the unity, seriousness and fairness of the legal system.
3. The principle of openness and fairness
Article 4 of the Administrative Punishment Law stipulates: "Administrative punishment follows the principle of fairness and openness." Article 5 of the Law on Public Security Administration Punishment also stipulates that "the implementation of public security administration punishment should be open and fair …", and the implementation of public security administration punishment should adhere to the principle of openness and fairness.
Publicity means that the basis for the implementation of public security management punishment and the rights enjoyed by the punished parties should be made public. The publicity of administrative cases can not directly realize the justice of substantive rights and obligations, but a guarantee of justice.
Justice means "fairness and integrity, without favoritism". In the process of implementing public security management punishment, all parties should be treated equally first, and the severity of punishment should not be based on the identity of the parties; Secondly, the punishment given to public security management is commensurate with the degree of social harm caused by violations of public security management. In order to realize the fair implementation of public security management punishment, we must correctly exercise discretion.
4. Respect and guarantee human rights principles
Article 5 of the Law on Public Security Administration Punishment stipulates: "The implementation of public security administration punishment should be open and fair, respect and protect human rights, and protect citizens' personal dignity. "Therefore, the principle of respecting and safeguarding human rights refers to identifying violations of public security management, imposing public security management penalties, respecting and safeguarding human rights, and protecting citizens' personal dignity.
5. The principle of combining education with punishment
The third paragraph of Article 5 of the Law on Public Security Administration Punishment stipulates that "the principle of combining education with punishment should be adhered to in handling public security cases". The basic spirit of this principle is that punishment is not an end but a means, and education is also a means. Through punishment and education, it will no longer endanger society and prevent and reduce the occurrence of illegal crimes.