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<> public security detention is administrative detention, and the punishment is mainly based on the Public Security Administration Punishment Law, and the record of such administrative detention is generally kept in the system of the public security organs, and cannot be publicly inquired by the public, and the record will not be automatically erased. However, administrative detention is different from criminal detention, and administrative detention is not a crime.
The "Opinions on the Establishment of a Criminal Record System for Criminal Personnel" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security clearly mentions that the so-called criminal records refer to the objective records of criminal personnel by special state organs. In other words, the criminal record will only be the information of the person involved in the criminal offense, and will not involve the record information of the administrative punishment. Although law enforcement and case-handling personnel can inquire about the administrative punishment of specific persons in the public security system, this is not a criminal offense, so the punished person can still issue a "Certificate of No Criminal Record", which means that the record of administrative detention generally does not affect the normal life of the punished person.
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Citizens cannot find public security detention records on the Internet, and can only be found on the public security network. This record will follow you for the rest of your life and will not be automatically erased.
Detention, means detention, detention. At times of emergency, public security organs temporarily detain persons who need to be investigated in accordance with law; Administrative detention refers to the detention of a person who violates the administration of public security in a detention center of a public security organ, generally not exceeding 15 days. Administrative detention is the most severe administrative punishment.
Where the penalized person is dissatisfied with the public security administrative punishment decision, he may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
The parties can go to the local police station to check the records.
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This can no longer be checked on the Internet, because this kind of is an important document of the public security agency, and these things are related to personal privacy.
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Searching for citizen files ,,, can't be eliminated!! Give money on it
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Records of public security detention are permanently retained and will not be deleted. Public security detention is the scope of administrative punishment, not criminal punishment, the public security organ makes a public security detention decision to report to the person in charge of the public security organ at or above the county level for approval and implementation, to the detainee announced that he will be sent to the detention center for enforcement in accordance with the law, and need to enter the relevant information of the detainee in the public security system, this information is in the hands of the public security organs themselves, other units and individuals can not inquire, if they need to be inquired, the unit needs to hold an official letter to handle, this information is permanently retained in the public security system, will not be deleted, That is, once it is entered into the system, it is impossible to delete it unless it is a case handling error.
Law of the People's Republic of China on Public Security Administration Punishments
Article 21.
In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention is not to be enforced:
1) Those who have reached the age of 14 but are not yet 16 years old;
2) Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time;
3) 70 years of age or older;
4) Pregnant or breastfeeding a child under the age of 1.
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Records of public security detention can be expunged. Detention of less than 15 days will be filed at the public security bureau (district or county level) in the place where the detention is located, and the record of no violation of the law will be automatically cleared after five years. Warnings, detentions, fines for public security administration are not criminal offenses, and there will be no records of violations.
For acts that violate the administration of public security more seriously or cause certain harmful consequences, they will be detained for more than 1 day and up to 15 days.
Law of the People's Republic of China on Public Security Administration Punishments
Article 10. The types of public security administrative penalties are divided into:
a) Warning; b) fines;
3) Administrative detention;
4) Revoke permits issued by public security organs.
Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported.
Measures for the Management of Public Security Business Archives
Article 16. Where documents and materials are formed in the course of public security administrative punishments, a public security punishment case file shall be established. Public security punishment case files are divided into two types: public security detention files and other punishment files.
Public security detention volumes are mainly stored:
1) Detainee registration form;
2) Approval form;
3) Summons card (receipt);
4) Interrogation records, (5) investigation and evidentiary materials;
6) Inspect and confess materials;
7) Awards; Recognizance;
8) Receipts for confiscation of property, fines, and security deposits;
9) Notification of release from detention;
10) Appeal and reconsideration materials, etc.
After the enforcement of the ruling is completed, the administrative department of the adjudication organ is to file the case file and transfer it to the archives department of that organ.
For other punishment files, in principle, the categories that accept punishment are to be filed separately, and after being kept by the undertaking unit for a period of time, they are to be registered and made and disposed of after approval by the leadership. Important case files may also be transferred to the archives department of that organ for archiving.
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Hello dear, no matter how long the detention record cannot be automatically expunged, the case record refers to a person's past criminal record or criminal behavior.
Questions. Hello, can detention be eliminated?
Hello dear, detention cannot be eliminated.
Questions. Can I appeal?
But it depends on what you value, and usually the detention record doesn't affect much.
But it depends on what you value, and usually the detention record doesn't affect much.
Dear, if it is a wrongful sentence of detention, you can appeal for revocation.
Questions. Affect some work.
In addition, it is generally a criminal case that leaves a criminal record, which generally refers to a person's record of past offenses or criminal acts.
In addition, it is generally a criminal case that leaves a criminal record, which generally refers to a person's record of past offenses or criminal acts.
Ordinary administrative detention will not affect work. There will be no case record left.
Questions. Ok thanks.
You're welcome, dear.
Don't be too nervous, if it's administrative detention, you won't leave a criminal record.
It is the criminal offense that has an impact [prayer].
Questions. I'm going to open a clean criminal record, can I get it.
Dear, there is no such proof.
Questions. Let's go to the police station to open this.
Usually the review is queried with relevant records, and there is no record if it is not displayed.
The police station can't issue this kind of certificate, dear.
Dear, you need to go to the public security bureau and provide relevant materials before you can issue a certificate of no crime.
To apply for a certificate of no criminal record, you need to go to the neighborhood committee where your household registration is located and the public security bureau where your household registration is located.
I wish you all the best [prayer].
Dear, the above is mine, I hope to be able to help you, if you have other questions, you can choose to consult again. If you are satisfied with me, please give me a thumbs up, I hope you are in good health and all the best, thank you.
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1. Detention records can be erased for several years.
1. Detention records generally cannot be erased. Whether it is an administrative case or a criminal case, as long as the public security organ handles it, it must be kept as a case file. Detention records will not be expunged.
Administrative detention is not a criminal record, but the record of administrative detention should be available in the public security department of the public security organ.
2. Legal basis: Article 186 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs".
Where, after investigation, it is discovered that there are any of the following circumstances, the case shall be withdrawn:
1) There are no facts of a crime;
2) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
3) The statute of limitations for prosecution has already expired;
4) Exemption from criminal punishment by amnesty order;
5) The criminal suspect is deceased;
6) Other cases where criminal responsibility is not pursued in accordance with law.
Where, after investigation, it is discovered that there are facts of a crime that need to be pursued for criminal responsibility, but it was not committed by the criminal suspect who was filed and investigated, or where some of the criminal suspects in a joint crime case are not criminally punished, the investigation of the relevant criminal suspect shall be terminated and the investigation of the case shall continue.
II. What are the characteristics of administrative detention?
The characteristics of administrative detention are as follows:
1. Administrative detention is a severe form of administrative punishment, and only public security organs at or above the county level can enjoy the power to adjudicate detention, and the period is limited to 1 day to 15 days;
2. Administrative detention is different from criminal detention. The former is a punitive measure taken against a person who violates public security administration regulations in accordance with the norms of administrative law, and the latter is a criminal compulsory measure taken in accordance with the provisions of the Criminal Procedure Law to temporarily deprive a criminal suspect of his personal liberty;
3. Administrative detention is different from judicial detention. The latter is a compulsory measure of temporary deprivation of personal liberty imposed by the people's court on a person who obstructs civil or administrative litigation procedures in accordance with the provisions of the Procedural Law;
4. Administrative detention is different from administrative detention. Administrative detention is an administrative coercive measure taken by an administrative organ to temporarily restrict personal freedom;
5. Administrative detention is different from criminal detention. Short-term detention is a punishment imposed by a people's court on a person who has violated the criminal law.
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Legal Analysis: Public security detention is not a criminal offense, and there is no record of personal files without Jian Xiaohui.
Public security detention is one of the administrative punishments, also known as administrative detention. Administrative detention refers to a punishment measure imposed by the public security organs on citizens who have violated administrative laws and regulations to restrict their personal freedom for a short period of time. The period is more than 1 day and less than 15 days.
Administrative detention is a punishment that restricts a citizen's personal freedom, and it is also one of the most severe punishments in administrative punishment. 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: Article 107 of the "Public Security Administration Punishment Law" Where a penalized person is dissatisfied with a decision on the punishment of administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention. Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.
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Analysis of legal objects: Public security detention is not a criminal offense, and personal files will not be recorded, and there is no record. Public security detention is one of the administrative punishments, also known as administrative detention.
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 more than 1 day and less than 15 days. Administrative detention is a punishment that restricts citizens' personal freedom, and it is also one of the most severe punishments in administrative punishment.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 5: The implementation of administrative punishments and correction of illegal conduct shall persist in combining punishment with education, and educate citizens, legal persons, or other organizations to conscientiously abide by the law.
Article 8: Types of administrative punishments:
a) Warning; b) fines;
3) Confiscation of unlawful gains and confiscation of illegal property;
4) Order the suspension of production and business;
5) Temporarily withholding or revoking permits, suspending keys, or revoking licenses;
6) Administrative detention;
7) Other administrative punishments provided for by laws and administrative regulations.
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