Is there a criminal record for criminal detention if it does not constitute a crime?

Just criminal detention will not have a criminal record. Criminal detention is a kind of compulsory measure, is a means of investigation of the temporary deprivation of personal liberty of a criminal suspect who has violated the criminal law, the general period of criminal detention is three days, and the period of detention may be extended to 30 days for criminal suspects who belong to gangs and wandering criminal suspects (see the relevant provisions of Article 91 of the Criminal Procedure Law of the People's Republic of China for details), and during the period of criminal detention, if the public security organs conduct an investigation, if they find that the evidence of the crime is conclusive, they shall be escorted to the procuratorate for approval of arrest.

For suspects whose evidence is insufficient or whose circumstances are obviously minor and do not constitute a criminal punishment, the public security organs should immediately release them from criminal detention, that is, release, and administrative detention may also be given as the case may be, that is to say, after being criminally detained, there may be a criminal record (criminal punishment or administrative punishment), but there is a way out is to be acquitted, so it is impossible to leave a criminal record.

If the Public Security Bureau wants to do it, you will keep a case record. The first offense counts as a first offense, and the second offense counts as a repeat offense.

There is no criminal record if criminal detention does not constitute a crime.

A criminal record may or may not be left after being criminally detained. If, after criminal detention, the evidence of the party's crime is insufficient or the circumstances are obviously minor and do not constitute a criminal punishment, the public security organ shall immediately release the person from criminal detention, so that there will be no case record, and administrative detention may also be given as appropriate, so that a case record will be retained, because administrative detention is actually a punishment for a certain kind of illegal act that can already be identified as violating the "Public Security Administration Punishment Law of the People's Republic of China", so it will definitely leave a case record and record it in the file. So if criminal detention does not constitute a criminal record, it will not be.

Legal analysis: If you have been criminally detained, but have not been sentenced, you will not have a criminal record, and it will not have a big impact on the next generation.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 84: Public security organs shall interrogate detained persons within 24 hours of detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued.

Article 96: Where a criminal suspect or defendant is in custody and cannot be completed within the time limits for investigation and detention, review for prosecution, or first-instance or second-instance trial as provided for in this Law, the criminal suspect or defendant shall be released; Where it is necessary to continue the investigation or trial, the criminal suspect or defendant may be released on guarantee pending further investigation or placed under residential surveillance.

Article 97: People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants, their legally-designated persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.

A criminal record may or may not be left after being criminally detained. If, after returning to criminal detention, the evidence of the person's crime is insufficient or the circumstances are obviously minor and do not constitute a criminal punishment, the public security organ shall immediately release the person from criminal detention, so that there will be no record of the case of starvation, and the leakage of administrative detention is actually the punishment of a certain illegal act that can already be identified as violating the "Public Security Administration Punishment Law" and recorded in the file.

Legal Analysis: After being criminally detained, you may or may not have a criminal record. If the evidence of the party's crime after criminal detention is insufficient or the circumstances are obviously minor and do not constitute criminal punishment, the public security organs shall immediately release the criminal detention, so that there will be no case record left on the basis of Jian Jianshan, and administrative detention may also be given as appropriate, so that there will be a case record, because administrative detention is actually a punishment for a certain illegal act that can already be determined to violate the "Public Security Administration Punishment Law of the People's Republic of China", so it will definitely leave a case record and record it in the file.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 82: Public security organs may first detain current offenders or major suspects in any of the following circumstances:

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;

2) The victim or a person who witnessed it at the scene identified him as having committed the crime;

3) Evidence of a crime is found in the vicinity or residence;

4) Attempting suicide, escaping, or being at large after committing a crime;

5) There is a possibility of destroying or fabricating evidence or colluding confessions;

6) Not telling their real name or address, and their identity is unclear;

7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

Article 85: When public security organs detain persons, they must present a detention warrant.

After detention, the detainee shall be immediately sent to the detention center for detention, and must not exceed 24 hours at the latest. Except in cases where notification is not possible or there is a suspicion of a crime endangering national security, or a crime of terrorist activities might impede the investigation, the detainee's family shall be notified within 24 hours of detention. The family of the detainee shall be notified immediately after the circumstances impeding the investigation have disappeared.

Article 91: Where public security organs find it necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.