Do you have a criminal record of criminal detention and probation?

Criminal detention and probation have criminal records for the following reasons: A person who has been criminally punished according to law in accordance with Article 100 of the Criminal Law of People's Republic of China (PRC) shall truthfully report the criminal punishment he has received to the relevant unit when he joins the army or is employed, and shall not conceal it. According to Article 33 of the Criminal Law of People's Republic of China (PRC), the main types of punishment are public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty. Therefore, criminal detention is one of the main punishments, and you must have a criminal record before you can be sentenced by the court. According to the provisions of Article 72 of the Criminal Law of People's Republic of China (PRC), criminals sentenced to criminal detention or fixed-term imprisonment of not more than three years can be suspended if they meet certain conditions. Therefore, probation is one of the ways of penalty execution. The defendant has constituted a crime and was sentenced to punishment, but probation only applies to the execution of punishment, so probation will also leave a criminal record.

legal ground

Criminal law of the people's Republic of China

Article 72 A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:

(a) the circumstances of the crime are relatively minor;

(2) showing repentance;

(3) There is no danger of committing a crime again;

(four) the announcement of probation has no significant adverse effects on the community where he lives.

Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.

If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.