Will there be a criminal record if you don't execute detention?

Administrative detention is not a criminal record, but it will be recorded in the public security organs. Those who are punished by administrative detention cannot issue a certificate of no criminal record, which may adversely affect the political review of immigrants, civil servants and employees of special departments.

Non-execution of administrative detention means that the decision on administrative punishment is made without execution. There are four kinds of punishment for not executing administrative detention. For example,/kloc-a minor over 0/4 but under 16, an elderly over 70, a woman who is pregnant or nursing a baby under one year, or a minor over 16 but under 18 violate public security management for the first time.

Cases handled by public security organs, which are proved guilty or illegal, will be recorded, and political detention records will be kept in public security organs for a long time. Administrative detention has no criminal record and its purpose is criminal punishment. However, if administrative punishment is imposed on administrative detention, the public security organ will make a public security detention file and keep it in the original case-handling unit for permanent filing.

The so-called "criminal record" refers to the record of a person's past crimes or criminal acts. However, for administrative detention, although there is no criminal record, it will still be recorded in the file and kept in the file with other materials. If a party violates the relevant laws and regulations on public security management, the police station can take the form of administrative detention, which is a relatively severe administrative punishment measure.

Those who have received administrative punishment will not leave criminal records, because criminal records are aimed at criminal offences. Only when the parties are prosecuted by the procuratorate and convicted by the court can criminal records be formed and filed. Administrative detention generally has little impact on life. Administrative detention is not criminal and will not be written into personal files. It has no effect on future entry and exit. Entry and exit are mainly measures to restrict the parties to pending cases and criminal cases from leaving the country, and have no influence on administrative detainees. Will not affect the child's career.

Both administrative detention and criminal detention are executed by public security organs, but there are essential differences between them:

1, the legal nature is different. Although administrative detention is the most severe punishment in administrative punishment, it is only a means of administrative punishment; Criminal detention is a compulsory measure to ensure the smooth progress of criminal proceedings, not a sanction.

2. The applicable objects are different. The object of administrative detention is mainly the offender who violates the law of public security administration punishment and has not yet constituted a crime; Criminal detention is like a flagrante delicto or a major criminal suspect who has violated the criminal law and needs to be investigated for criminal responsibility.

3. The application purposes are different. The purpose of administrative detention is to punish and educate offenders through this punishment; The purpose of criminal detention is to prevent or stop active criminals and major criminal suspects from evading or obstructing criminal proceedings.

4. The applicable organs are different. Administrative detention can only be applied by public security organs, and the decision-making power of criminal detention lies with public security organs and people's procuratorates.

5. Different detention periods. The longest period of administrative detention is 15 days, and the longest period of detention is 20 days. The longest period of criminal detention in general cases is 14 days (including the period of arrest approved by the people's procuratorate), and the longest period of detention for major criminal suspects who commit crimes on the run, commit crimes many times, and commit crimes in collusion is 37 days.

The legal procedures for administrative detention are as follows:

1, the public security organ shall accept the report, accusation, report or surrender of the offender who violates the administration of public security;

2. Investigate according to law after accepting the case;

3, there is evidence that there is a violation of public security management facts, you can make a decision on administrative penalties for public security;

4. Implement administrative punishment.

Legal basis:

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 21 If an actor who violates the administration of public security is under any of the following circumstances and should be punished by administrative detention according to this Law, he shall not be punished by administrative detention:

(a) has reached the age of fourteen but under the age of sixteen;

(2) Having reached the age of 16 but under the age of 18, violating the administration of public security for the first time;

(three) more than seventy years of age;

(four) pregnant or nursing a baby under one year old.