Is being detained a criminal record?

1. If the perpetrator is detained, no criminal record will be left.

2. Criminal detention is a compulsory measure, not a criminal punishment.

3. Those who have not been convicted and received criminal punishment will not leave a criminal record.

4. However, if the perpetrator does constitute a crime, a criminal record will be left after the judgment of the people's court takes effect.

Administrative detention:

1. According to the notice of the Opinions on Establishing a Criminal Record System issued by the Ministry of Public Security and the Ministry of Justice of the Ministry of National Security in the Supreme People's Procuratorate and the Supreme People's Court, a criminal record refers to the record of a person's criminal behavior. Also known as the criminal record system, in our country's law, it generally refers to the archival records of criminal records, which are generally kept in the public security department.

2. Administrative detention is not a criminal record, but the administrative detention record is only available in the public security department of the public security organ, which may adversely affect the political examination of the parties who apply for civil servants and employees of special departments. People who have been punished by administrative detention cannot issue a certificate of no criminal record, which may have a certain impact on immigration and going abroad. Be sure to obey the law.

Administrative detention is an important and common administrative punishment. Administrative detention refers to a kind of administrative punishment that legal administrative organs (especially public security organs) restrict personal freedom in a short time for those who violate administrative legal norms according to law. Administrative detention is the most severe administrative punishment, which is usually applied to acts that seriously violate public security management but do not constitute a crime. Warnings and fines are not enough to punish.

Detention is divided into criminal detention and administrative detention:

Criminal detention is a compulsory measure and investigation means to temporarily deprive the criminal suspect of personal freedom who violates the criminal law. The general criminal detention period is three days, and the detention period can be extended to 30 days for criminal suspects who commit crimes in partnership or escape. During the period of criminal detention, if the public security organ considers that the evidence of the crime is conclusive, it shall send it to the procuratorate for arrest.

For suspects whose evidence is insufficient or the circumstances are obviously minor and do not constitute criminal punishment, the public security organs should immediately lift the criminal detention, that is, they can also be given administrative detention punishment according to the circumstances. That is to say, there may be criminal records (subject to criminal punishment or administrative punishment) after criminal detention, but there is another way out, that is, acquittal, so it is impossible to leave criminal records.

The general criminal record refers to the evidence that you were arrested after committing a crime. After using the fingerprint comparison system of the ministries and agencies, all of them are entered for future comparison. But it is generally a criminal case, and the general public security punishment case will not. They said it was a criminal record, but it was actually when he was punished and reported to the municipal public security bureau. So, it won't be found. You should distinguish between criminal cases and public security cases. Moreover, the fingerprint collection of criminal cases should be divided into single finger collection and full palm collection.

Administrative punishment does not enter the file, only criminal punishment enters the file.

legal ground

Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance:

(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;

(2) The victim or a witness on the spot identifies him as a criminal;

(3) criminal evidence is found around him or at his residence;

(four) attempted suicide, escape or escape after committing a crime;

(5) It is possible to destroy or forge evidence or collude with others;

(six) do not speak the real name and address, the identity is unknown;

(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.

Article 10 of the People's Republic of China (PRC) Public Security Administration Punishment Law can be divided into:

(1) warning;

(2) a fine;

(3) Administrative detention;

(4) Revoking the license issued by the public security organ.

Foreigners who violate the administration of public security may apply for another time limit to leave the country or be deported.