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Criminal detention is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive an active offender or a major suspect of his or her personal liberty in the course of investigation of a case directly accepted by the public security organs or people's procuratorates when they encounter a statutory emergency. The result of criminal detention does not necessarily constitute a crime, and if a major suspect is excluded from suspicion of a crime after investigation during the detention period and does not constitute a crime, he shall be released and a certificate of release shall be issued. However, if the arrest is approved by the people's procuratorate after investigation by the public security organs, and finally convicted by the people's court, the result of 30 days of criminal detention will leave a criminal record.
According to Article 5 of the Provisions on the Work of Public Security Organs on Issuing Certificates of No Illegal or Criminal Records, the matters to prove illegal and criminal records do not include criminal settlement agreements, decisions to revoke criminal cases, non-prosecution decisions made by procuratorial organs, and acquittals rendered by courts. Accordingly, whether or not there is a criminal record for 15 days of criminal detention depends on the outcome of the case, and if it is only criminal detention and no criminal punishment is imposed, it is not considered to have a criminal record and does not have a criminal record. The law stipulates that:
Article 5 of the Provisions on the Work of Public Security Organs on the Issuance of Certificates of No Illegal and Criminal Records Article 5 The term "proof of illegal and criminal records" in these Provisions does not include the following circumstances: (1) Administrative 1Public security mediation agreement, no penalty decision; 2.
Warnings, confiscation of illegal gains, confiscation of illegal property, decision to suspend or revoke permits, and fines for traffic violations (those applying for school bus driving qualifications shall be handled in accordance with the provisions of the "School Bus Safety Management Regulations"); 3.administrative measures such as summons (compulsory summons), continued interrogation, detention and review; 4.Administrative punishment decisions made by other administrative organs.
b) Criminal 1criminal settlement agreements, revocation of criminal case decisions; 2.The decision not to prosecute made by the procuratorate and the acquittal verdict rendered by the court because there are no facts of the crime (including insufficient evidence that cannot be found guilty), or in any of the circumstances provided for in article 15 of the Criminal Procedure Law; 3.
Information on criminal compulsory measures such as custodial summonses, release on guarantee pending further investigation, residential surveillance, criminal detention, and arrest.
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If you had been detained. In recent years, it has all been uploaded. In the internal network of public security. Anyone with permission can check this** and then understand it. The main thing is that thirty or forty years ago, it was basically not nothing. There were no computers at the time.
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Legal Analysis: The record of public security detention belongs to the case record and can be found throughout the country, but it can only be found on the internal network of the public security. Case Record:
Generally refers to a person's record of past offenses or criminal acts. Also known as the criminal record system for criminal personnel, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation.
Legal basis: Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" Whoever assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 RMB; where the circumstances are less serious, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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There is no criminal record. The criminal record is also known as the criminal record system, which is a record of someone's criminal behavior. Generally speaking, the case record generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation and cannot be erased.
Administrative detention is not a criminal punishment, so this cannot be counted as a criminal record. However, administrative penalties are also recorded. The administrative detention public security organs will keep the punishment file for a long time in accordance with the regulations, so the administrative detention will leave a record of the illegal record.
The same cannot be eliminated, and the public security organs have a record.
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1. Administrative detention will not leave a case record, only the sentenced party can leave a case record, that is, a criminal record, which will be archived by the public security organ and kept forever. Administrative detention, on the other hand, is for general violations, and the period is less than 15 days, and a record of the violation will be left after being placed under administrative detention, which is different from the case record.
2. Legal basis: Article 21 of the "Law on Administrative Punishments for Public Security" 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 shall not be enforced.
2. Is there a criminal record for administrative detention under the age of 18?
There will be no criminal record in administrative detention under the age of 18, and the administrative detention will be recorded in the public security organs, but there will be no criminal record. Administrative detention refers to an administrative punishment in which a statutory administrative organ restricts the personal freedom of a person who violates the norms of administrative law in accordance with the law for a short period of time
Article 1: These measures are formulated on the basis of the "Administrative Punishment Law of the People's Republic of China", the "Regulations of the People's Republic of China on Information Disclosure" and other relevant laws and regulations, combined with the actual conditions of this province, so as to promote strict, standardized, fair, and civilized law enforcement, conscientiously accept social oversight, and protect the lawful rights and interests of citizens, legal persons, and other organizations.
Article 2: These measures apply to the online disclosure of information on the results of administrative punishment by administrative law enforcement organs at all levels in this province. The term "administrative law enforcement organs" in these measures refers to administrative organs with statutory administrative punishment powers and organizations authorized by laws and regulations to have administrative punishment functions, as well as organizations entrusted with the exercise of administrative punishment powers in accordance with the law = information on the results of administrative punishments, refers to the content of the matters specified in the administrative punishment decision. Where laws and regulations have other regulations on efforts to disclose information on the results of administrative punishments, follow those provisions.
Article 3: People's legal work bodies at the county level or above, together with the administrative departments and supervision organs for information disclosure work at the same level, are responsible for guiding, coordinating, and overseeing efforts to disclose information on the results of administrative punishments online. Provincial-level administrative law enforcement organs shall strengthen guidance and oversight of the system's efforts to disclose information on the results of administrative punishments online.
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First, the administrative detention will have a record in the public security organs, but there will be no criminal record. 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.
Second, there is only a criminal record or a criminal case to be corrected, which has an impact on my children's military academy examinations, military examinations, and civil service examinations.
Legal basis] Article 10 of the Law on Public Security Administration Punishments, 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 period of time for leaving the country or being deported.
Visitation is not possible. You can only send things.
There are three types of detention: public security detention, judicial detention, etc., which are administrative coercive measures, and the close relatives of the parties can visit them; Criminal detention is a criminal coercive measure that can only be met by a lawyer appointed by the client or appointed by the court. This is clearly stipulated in China's Criminal Procedure Law, Civil Procedure Law, and Public Security Punishment Law. >>>More
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.
There are three types of detention: public security detention, judicial detention, etc., which are administrative coercive measures, and the close relatives of the parties can visit them; Criminal detention is a criminal coercive measure that can only be met by a lawyer appointed by the client or appointed by the court. This is clearly stipulated in China's Criminal Procedure Law, Civil Procedure Law, and Public Security Punishment Law. >>>More
Yes, first of all, administrative penalties are not counted in criminal sentencing. >>>More