Will you have a criminal record if you are detained for 3 to 5 days?

Generally, whether there will be a criminal record in detention for three to five days depends on the situation: there will be no criminal record in detention for five days, because detention is an administrative punishment, not a criminal punishment, so there is no so-called criminal record. However, if the perpetrator is administratively detained by the public security organ for five days, there will be this record in the detainee's file, that is, there will be a record of this punishment in the perpetrator's illegal behavior record, and this record will accompany him all his life.

I. Administrative detention

Administrative detention refers to the most severe punishment given to general illegal acts that violate the Law of People's Republic of China (PRC) on Public Security Administration Punishment. It is an administrative punishment, not a criminal punishment, and generally has no influence on the actor's future production, life, work and study. The public security organ has a record of this illegal act and relevant information about him. However, it is not a criminal record that ordinary people understand. Criminal record refers to the record of a criminal suspect who is at large or a criminal who constitutes a crime but has not yet been identified.

The longest period of public security detention is 15 days (release at the expiration of the period shall be decided by the public security organ and executed in the administrative detention center; If you are not satisfied with the detention, you may bring an administrative reconsideration or administrative lawsuit). The time limit for combined execution of detention shall not exceed twenty days.

Second, what are the characteristics of administrative detention?

1. Administrative detention is a severe administrative punishment. Only the public security organs at or above the county level have the right to make detention decisions, and the period is between 1 day and 15 day.

2. Administrative detention is different from criminal detention. The former is a disciplinary measure taken against those who violate public security regulations according to administrative regulations; The latter is a criminal compulsory measure to temporarily deprive the criminal suspect of his personal freedom according to the provisions of the Criminal Procedure Law.

3. Administrative detention is different from judicial custody. The latter is a compulsory measure taken by the people's court to temporarily deprive personal freedom in accordance with the provisions of the procedural law.

4. Administrative detention is different from administrative detention. Administrative detention is an administrative compulsory measure taken by administrative organs to temporarily restrict personal freedom.

5. Administrative detention is different from criminal detention. Criminal detention is a kind of punishment imposed by the people's court on people who violate the criminal law.

3. What is the impact of detention?

According to Article 16 of Chapter II of the current Law on Public Security Administration Punishment: "If there are more than two acts violating public security administration, they shall be decided separately and jointly executed. If the punishment of administrative detention is combined, the maximum time shall not exceed twenty days. "

Only police stations that punish offenders will keep files and will not upload them to the public security bureau's website. So the police station where your household registration is located does not have your wrong record this time. Therefore, as long as you don't make the same mistake again, it won't affect your later life.

It is unlikely that these contents will be known during immigration review, because they are not criminal records recorded in personnel files or national networks. Moreover, this kind of behavior is not a serious matter and generally does not affect immigrants.

Generally speaking, after an administrative organ violates laws and regulations, the public security organ will impose corresponding administrative penalties or fines on it. Detention is an administrative punishment. Public security organs shall generally not detain prisoners for more than 20 days. However, it should be noted that if the detained actor is released after the expiration of the detention period and commits illegal acts, he should be given a heavier punishment.

Legal basis:

Public security administration punishment law

Sixteenth there are two or more violations of public security management, decided separately, combined execution. Combined with administrative detention punishment, the longest shall not exceed twenty days.

Criminal Procedure Law of the People's Republic of China

Article 286 Whoever was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years shall seal up his criminal record.

If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.

Administrative Punishment Law of the People's Republic of China

Article 9 Types of administrative punishment:

(a) warning, informed criticism;

(two) fines, confiscation of illegal income and confiscation of illegal property;

(three) the license is temporarily withheld, the qualification level is lowered, and the license is revoked;

(4) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment;

(5) Administrative detention;

(6) Other administrative penalties as prescribed by laws and administrative regulations.