Is criminal detention considered a criminal record, and is criminal detention considered a criminal

Antecedents refer to the facts of the previous crime and the punishment received, and is often used for having a criminal record, that is, having received a criminal punishment for some reason before. If a person with a criminal record commits a new crime, if he meets the conditions for recidivism, he will constitute a recidivist and will be punished heavily. For example, a person deprived of political rights cannot hold an assistant judge or higher position in the Chinese People's Court.

Those who have violated the law and received administrative punishments cannot be viewed as having a criminal record. Although criminal detention is an open type of punishment and is lighter than a fixed-term imprisonment, criminal detention is always a method of punishment, a criminal sanction given after a criminal offense, and a criminal record will be retained. The case record refers to the criminal record system, which is generally stored in the public security department for safekeeping, and can not be canceled for life.

Therefore, detention will leave a criminal record, which is of course considered a criminal record.

Legal basis: Article 33 of the Criminal Law of the People's Republic of China [Types of Principal Punishments] The types of principal punishments are as follows: (1) control; (2) Short-term detention; (iii) fixed-term imprisonment; (iv) Life imprisonment; (v) The death penalty.

Article 275 of the Criminal Procedure Law of the People's Republic of China: Where a person was under the age of 18 at the time of the crime and was sentenced to up to five years imprisonment, the relevant criminal record 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 sealed criminal records.

Detention already falls under the scope of criminal law.

In our usual sense, the criminal record means that if it has been dealt with by the public security organs, the public security organs will enter the processed information into the criminal personnel inquiry system, and at this time, as long as it is on the special network of the public security organs, it can be found.

On the Internet, ordinary people can't find it.

What you said does not affect employment, and some companies will require a certificate of no criminal record, so employment will definitely have an impact.

Detention is one of the statutory punishments, that is, a criminal offense, and there will be a record of the case, but the Supreme Court is already mulling, and the system of expungement of minor criminal records for minors can be paid attention to.

In addition, some provinces and cities have implemented a system of expungement of juvenile misdemeanor criminal records, such as Shandong, you can ask the local judicial department.

Antecedents. Although criminal detention and criminal, administrative, and civil detention are all coercive methods of short-term deprivation of liberty, there is a clear distinction between them.

1) The nature is different. Detention is a method of punishment; Criminal detention is a coercive measure in criminal proceedings; Administrative detention is an administrative punishment for public security; Civil detention is a judicial-administrative treatment and is a compulsory measure in civil proceedings.

2) The applicable objects are different. Detention is for criminals; Criminal detention applies to current offenders or major suspects in one of the seven circumstances provided for in article 61 of the Code of Criminal Procedure; Administrative detention is applicable to offenders who have violated the administration of public security and have not yet reached the level of a crime; Civil detention applies to participants in civil proceedings or other persons who commit one of the six acts provided for in article 102 of the Code of Civil Procedure, but which do not constitute a crime.

3) The applicable organs are different. Detention and civil detention are applied by the courts, while criminal detention and administrative detention are applied by the public security organs on different legal grounds. The application of criminal detention is based on the criminal law; The application of criminal detention is based on the Code of Criminal Procedure and the Arrest and Detention Regulations; The application of administrative detention is based on the Public Security Administration Punishment Regulations; The application of civil detention is based on the Code of Civil Procedure.

5) The term is different. The term of criminal detention is between 1 month and 6 months; The period of criminal detention is extended to a maximum of 30 days; The period of administrative detention is between 1 and 15 days; The duration of civil detention is not more than 15 days.

To sum up, we can know that I have had many experiences of being detained, which can be regarded as having a criminal record.

Legal Analysis: Not counted.

Administrative detention is the most severe form of administrative punishment, which is usually applied to situations where serious violations of the administration of public security do not constitute a crime, and the punishment of police letters and fines is not enough to punish them. Therefore, the law has strict regulations on its setting, implementation conditions and procedures.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 2: Where public order is disrupted, public safety is endangered, personal rights and property rights are infringed, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Legal Analysis: Criminal detention is not counted as a criminal record. A criminal record is a person who has been criminally punished, while a criminal detention for a pure assault is not a criminal punishment and is therefore not counted as a criminal record.

Criminal penalties include: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, death penalty, fines, deprivation of political rights, and confiscation of property.

Legal basis: Article 100 of the Criminal Law of the People's Republic of China: Persons who have received criminal punishment in accordance with law shall truthfully report to the relevant units that they have received criminal punishment when enlisting in the military or employment, and must not conceal it. Persons who were under the age of 18 at the time of the crime and were sentenced to up to five years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph.

1. Whether criminal detention is considered a criminal record.

1. Short-term detention counts as a criminal record. Antecedents belong to the facts of the previous crime and the punishment received, and are often used for having a criminal record, that is, having received a criminal punishment for some reason before. If a person with a criminal record commits a new crime, if he meets the conditions for recidivism, he will become a recidivist and will be punished heavily.

2. Legal basis: Article 43 of the Criminal Law of the People's Republic of China.

Enforcement of Short-term Detention] Criminals sentenced to short-term detention shall be executed by the nearest public security organ.

During the execution period, criminals sentenced to detention are allowed to return home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion.

Article 44.

Calculation and Deduction of Short-term Detention Sentences] The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

2. What are the basic characteristics of crime?

The basic characteristics of the crime are as follows:

1. Crime is an act that endangers society, that is, it has a certain degree of social harm, and belongs to the most essential and decisive characteristics of crime;

2. The crime is an act that should be punished by criminal punishment, that is, it is punishable;

3. Crime is an act that violates relevant laws, that is, it has a criminal violation, and is derived from social harm, and the three basic characteristics of crime are closely integrated and inseparable, and all of them are indispensable.