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If it is not confirmed that it has violated the public security administration regulations, the case record will not be retained.
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The detention depends on the circumstances and whether there is a crime.
Detention is not the same as detention, as long as you do not do anything illegal, you will not leave a criminal record, I hope that each of us can be a law-abiding and law-abiding citizen.
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Hello. The police station detained me for 24 hours and will not have a criminal record, public security detention is not a criminal punishment, it is an administrative punishment, although it will leave an objective record of violations, but it will not leave a case record.
A criminal record (antecedent) is a record of a person's past offenses or criminal acts. Also known as the criminal record system for criminal personnel, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation.
Legal basis: Detention is divided into criminal detention and administrative detention, and if it is administrative detention, the case record will definitely be retained;
Because administrative detention is actually a punishment for an illegal act that can already be identified as violating the "Public Security Administration Punishment Law of the People's Republic of China", it will definitely leave a case record and record it in the file.
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The police station detained for 24 hours will not leave a case record, and the detention of Shi'an is not a criminal punishment, but an administrative punishment, although it will leave an objective record of violations, but will not leave a case record. However, if the detainee commits a criminal act and is criminally detained, the case record will be left behind, and if the case record is retained, it will affect the detainee and his relatives.
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Detention at the police station for 24 hours will not leave a criminal record, and public security detention is not a criminal punishment, but an administrative punishment. However, if a detainee commits a criminal act and is criminally detained, he or she will be left with a criminal record, and if the case record is retained, it will affect the detainee and his relatives.
Legal basis: Article 83 of the Law of the People's Republic of China on Public Security Administration Punishments: For those who violate the rules of public security, the public security organs shall promptly inquire and verify after being summoned, and the time for questioning and verification shall not exceed eight hours; Where the situation is complicated and the punishment of administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours.
The public security organs shall promptly notify the family of the person who was summoned of the summons of the reason and location.
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Legal analysis: Public security detention is not a criminal punishment, but an administrative punishment, although it will leave an objective record of violations, but it will not leave a criminal record.
Legal basis: "Measures of the People's Republic of China for the Management of Public Security Operational Archives" Article 16: All documents and materials formed in the course of public security administrative punishments shall establish a case file for the treatment of the year or security punishment. There are two types of public security punishment files: public security detention files and other punishment files.
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Public security punishment detention for 24 hours will not leave a case record, and criminal detention will only leave a case record. A criminal record generally refers to a person's record of past offences or criminal acts. Also known as the criminal record system for criminals, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department and relevant state organs.
These files are not open to anyone, and no one other than the judicial authorities has the right to access them.
Administrative detention refers to a punishment measure imposed by the public security organs on citizens who violate administrative laws and regulations to restrict their personal freedom for a short period of time. The period is 1 day to grind the sedan car and 15 days to the less. Administrative detention is a punishment that restricts citizens' personal freedom, and administrative detention in China is mainly public security detention.
Since it is a severe administrative punishment, the provisions of the law on this punishment are also strict, and only the public security organs can implement it, and no other administrative organ has the right to enforce it. The place of detention is a public security detention center.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 286.
Where they were not yet 18 years old at the time of the crime and were sentenced to up to 5 years imprisonment, the relevant criminal records shall be sealed.
Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions. Units conducting inquiries in accordance with law shall keep confidential the circumstances of the closure of sealed criminal records.
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