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Administrative detention will not leave a case record, but the archives of administrative detention shall be kept by the case-handling organs for a long period of time, and no one may destroy them.
Case record, also known as the criminal record system for criminal personnel, generally refers to the record of a person's past criminal conduct. In Chinese law, it generally refers to the file record of having a criminal record.
Administrative detention is an important and common type of administrative punishment. Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law. Administrative detention is the most severe form of administrative punishment, and is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.
The perpetrator violates the administrative law and bears administrative responsibility, which is not criminal liability, so there is no criminal record problem.
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Records of the administrative detention of minors must be sealed, and outsiders are not allowed to know about them.
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Hello, as long as you are detained, you have a criminal record.
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Legal Analysis: Generally not, according to the relevant laws and regulations, those who have reached the age of 14 but are not yet 16 years old, have reached the age of 16 but are not yet 18 years old, and violate the administration of public security for the first time, shall be given the punishment of administrative detention in accordance with the law, and the administrative detention will not be carried out, and the case record will not be retained. In addition to the above conditions, juvenile offenders will have a criminal record, but juvenile criminal information may not be accessed unless the judicial organs handle the case.
Legal basis: "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 violate 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 one.
Law of the People's Republic of China on the Prevention of Juvenile Delinquency》 Article 59: Where juveniles' criminal records are sealed in accordance with law, the public security organs, people's procuratorates, people's courts, and judicial administrative departments must not provide them to any unit or individual, except where the judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with relevant state provisions. Units and individuals conducting inquiries in accordance with law shall keep the relevant record information confidential. The provisions of the preceding paragraph apply to records of minors receiving specialized correctional education or specialized education, as well as records of receiving administrative punishments, employing criminal compulsory measures, and not prosecuting.
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Summary. Hello dear, I'm glad to answer for you, administrative detention under the age of 16 will not leave a case record. Where they have reached the age of 14 but are not yet 16 years old, and shall be given the punishment of administrative detention, the punishment of administrative detention is not to be enforced.
Moreover, the case record refers to a criminal offense, and detention is an administrative punishment, and there will be no case record. <>
Hello, dear, I'm glad to answer your verdict, and administrative detention under the age of 16 will not leave a criminal record. Where they have reached the age of 14 but are not yet 16 years old, they shall be given administrative detention and a punishment of correction, and the punishment of administrative detention is not to be enforced. Moreover, the case record refers to Qingpi's criminal offense, and the detention is an administrative punishment, and there will be no case record.
Legal basis: Article 21 of the "Law of the People's Republic of China on the Punishment of the Public Security Administration and Inspection Department" Where a person who violates the administration of public security has any of the following circumstances and shall be given a punishment of administrative detention in accordance with this law, the punishment of administrative detention shall not 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 weeks but are not yet 18 years old, and who violate 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 one.
So will it affect the soldier?
Does it affect the political trial?
This is all unaffected.
Are you sure? This one is really pro. Therefore, juveniles who carry out administrative detention punishments will not leave a criminal record<> they can also join the army.
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Summary. Hello dear. Administrative detention under the age of 16 will not leave a criminal record.
The criminal record refers to the criminal record, so the juvenile will not leave a criminal record if he does not carry out the punishment of administrative detention. Those who have reached the age of 16 but are not yet 18 years old, and who violate the administration of public security for the first time, shall not be punished by administrative detention.
Hello dear. If you are under the age of 16, you will not be allowed to stay in the case if you are careful about it. The criminal record refers to the criminal record, so the juvenile will not leave a criminal record if he does not carry out the punishment of administrative detention.
Those who have reached the age of 16 and are not under the age of 18 and who violate the administration of public security for the first time shall not be punished by administrative detention.
Pro, legal basis: Article 21 of the "Public Security Administration Punishment Law" Where a person who violates the administration of public security has any of the following circumstances, and shall be given administrative detention in accordance with this law, the punishment of administrative detention shall not 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 under the age of 18, and who violate the administration of public security at the beginning of the year;
Dear, the case record is simple and simple, which refers to the criminal offender's record of the crime of coercion that will be left in the personal file for the rest of his life after he has been found guilty by the court. Your administrative detention is not considered to have a criminal record. What exactly is the situation of your confusion?
The thing is that my child didn't do anything, he went and saw his classmates fighting.
The police decided to fight each other.
Is your child now subject to administrative detention?
A first offense will not be punished.
The administrative punishment decision is to be detained for five days, and the juvenile decision is not to be enforced.
It's the first decision. Your child is not doing anything, and it is possible if he or she is identified as a support person.
You will not have an impact on this, and you have no criminal record.
The criminal record will only be available if the sentence is imposed.
But are you sure it has nothing to do with your children now? If it is true, you can apply for reconsideration.
Revoke your child's decision to penalize.
Reconsideration and administrative litigation are effective.
The effect of administrative litigation is definitely better, but it is generally administrative reconsideration first, and administrative litigation is carried out if it is not passed.
Have you seen the transcripts your child made?
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Generally, it is within 24 hours. The law stipulates that after detention, the detainee shall be immediately sent to a detention center for detention, which shall not exceed 24 hours at the latest. A Notice of Detention shall be prepared within 24 hours and delivered to the detainee's family or work unit.
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