I have been administratively detained in the past, and now there is a criminal case of less than thr

Yes, first of all, administrative penalties are not counted in criminal sentencing.

A suspended sentence is two conditions.

The first non-recidivist is a person who has committed a crime repeatedly or more than once within five years.

Second, it only applies to fixed-term imprisonment of up to three years.

Third, it does not apply to the combined punishment of multiple crimes.

Legal Analysis: No, criminal detention does not represent a criminal offense. Before the Civil Code came into effect on January 1, 2020, the maximum duration of criminal detention was half a year, and the maximum duration after the Civil Code came into effect was 37 days

is preparing to commit a crime, committing a crime, or is discovered immediately after committing a crime; The victim or a person who witnessed the crime identified him as having committed the crime; Evidence of a crime is found in the vicinity or residence; attempting suicide, escaping, or being at large after committing a crime; There is a possibility of destroying or fabricating evidence or colluding confessions; Those who do not state their real names and addresses, and whose identities are unknown; There is a major suspicion of committing crimes on the go, committing crimes multiple times, or committing crimes in groups. The conditions for the People's Procuratorate to decide on detention are: 1. Attempting suicide, escaping, or being a fugitive after committing a crime; 2. There is a possibility of destroying or fabricating evidence or colluding confessions.

After the people's procuratorate decides to detain you, the public security organs are to enforce it. The maximum time limit for criminal detention is 30 days.

Legal basis: "Burning Reform of the Criminal Procedure Law of the People's Republic of China" Article 82: Public security organs may 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 their surroundings 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 true 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.

Detention does not necessarily lead to a sentence; This is because according to the Criminal Procedure Law, detention is only a criminal compulsory measure, and the defendant will only be sentenced if the facts of the crime are clear and the evidence is conclusive, and the people's court finds him guilty.

[Legal basis].

Article 91 of the Criminal Procedure Law.

Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three 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.

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

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 immediately release Lao Jian 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.

Will I still be sentenced after administrative detention I will not be sentenced again after administrative detention. First of all, administrative detention is one of the most severe punishment chains in administrative punishments, and other common administrative penalties are mainly fines. Administrative detention is a short-term punishment measure that restricts and restricts the personal freedom of citizens who have violated administrative laws, regulations, and norms (such as disrupting social order, infringing on the rights of others, etc., and it is necessary to investigate their responsibility in accordance with the law, but it is not enough to pursue criminal punishment), and the period is from one to 15 days.

The provisions on administrative detention are only exercised by the public security organs, and not by other organs, and the place of administrative detention is a public security detention center. Then there is criminal detention, which is a temporary measure, and in the context of criminal proceedings, a temporary detention measure is imposed on a criminal suspect, and the duration is generally not more than 14 days, and the circumstances such as multiple crimes are not more than 37 days. Judicial detention, on the other hand, is a short-term measure taken by a people's court to restrict the personal liberty of a person who has seriously obstructed litigation or trial activities in order to ensure the smooth progress of his trial, and the court has the right to decide on it, and the period of detention is generally less than 15 days.

Although all three are detained, there are many differences, one is that the basis of detention is different and the laws and regulations are different, one is the nature of their punishment, the other is that the detention measures or targets are different, the purpose and the result are different, and the duration and organ of detention are different. For administrative detention, we can easily compare that it is already a punishment, but it is administrative, and it is often punished for acts that violate the law but do not constitute a crime. Unlike the other two, criminal detention is only a temporary measure, and judicial detention is divided into equal parts.

Administrative detention is a sentence of conduct carried out in accordance with regulations, and the person sentenced to administrative detention has a harmful behavior and needs to be held accountable, but it is not too late to be sentenced. Therefore, there will be no further sentence after administrative detention.

Legal analysis: There will be no sentence after administrative detention, public security detention is not a crime, and no sentence will be imposed after punishment. According to the provisions of China's Public Security Administration Punishment Law, administrative detention is an important and common type of administrative punishment.

Administrative detention refers to an administrative punishment in accordance with the law by an administrative organ (specifically referring to a public security organ) that restricts the personal freedom of a person who violates the norms of administrative law in accordance with the law.

Legal basis: Article 2 of the Law of the People's Republic of China on Penalties for the Administration of Public Security: Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, 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 shall be investigated in accordance with law; Where it is not enough for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

There will be no sentence after administrative detention, public security detention is not a crime, and no sentence will be imposed after punishment. According to the provisions of China's "Law on Administrative Punishments for Public Security", administrative detention is an important and common type of administrative punishment. Administrative detention refers to a kind of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal freedom of a person who violates the norms of administrative law in accordance with the law.

Article 2 of the Law of the People's Republic of China on Public Security Administration Punishments: Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is disturbed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall 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.