Will there be a record of detention?

Administrative detention will have a criminal record. Administrative detention refers to an administrative penalty imposed by the public security organs on people who violate administrative laws and regulations to restrict personal freedom in a short period of time. Administrative detention is the most severe administrative penalty and is usually applied to cases where serious violations of public security management do not constitute a crime and where warnings and fines are not sufficient punishment. Therefore, the law has strict regulations on its setting, implementation conditions and procedures. The power to adjudicate administrative detention belongs to the public security organs at or above the county level. The period is generally within 10 days, and the more serious cases shall not exceed 15 days, and the maximum penalty time is 20 days. After the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, the person who is punished If a person and his relatives find a guarantor or pay a deposit as required, they may apply to the administrative body to suspend the execution of administrative detention. The objects of administrative punishment are mainly violators who violate the "Public Security Administration Punishment Law" and have not yet constituted a crime. The purpose is to punish and educate the violators through this punishment method. Administrative detention can only be applied by public security organs. In addition, the maximum period of administrative detention is 15 days, and when multiple penalties for illegal offenders are combined, the maximum period of administrative detention is 20 days.

Administrative detention is not part of the criminal record, but the records of administrative detention should be available in the public security department of the public security organ, and should be reviewed during the political review process for those who are drafted into the army, applied for civil servants, or are employees of special departments. may cause adverse effects. People who have been punished by administrative detention cannot issue a certificate of no criminal record, but in some provinces, a certificate of no criminal record can be issued. This is mainly because the person in administrative detention has violated the law but has not committed any crime. It may have a certain impact on immigration, going abroad, etc.

Legal Basis

Article 260 of the "Regulations on the Procedures for Handling Administrative Cases by Public Security Organs" shall follow the principle of one case, one volume for documents and materials generated during the handling of administrative cases. Establish case files, and transfer the case files to the archives department for safekeeping or keep them themselves after the case is closed or the case investigation is terminated in accordance with relevant regulations. Article 261 of the "Regulations on Procedures for Handling Administrative Cases by Public Security Organs" The case files of administrative cases shall include the following contents:

(1) Case acceptance registration form or other records of discovered cases;

(2) Evidence materials;

(3) Decision documents;

(4) Other legal documents formed during the handling of the case.