Job Recruitment Website - Immigration policy - Will detention leave a record? Will it affect children?

Will detention leave a record? Will it affect children?

1. Will detention leave a record?

Detention does not leave a criminal record. The so-called detention refers to administrative detention, which is not a criminal record. However, the record of administrative detention 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. Please obey the 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. Therefore, the law has strict regulations on its establishment, implementation conditions and procedures.

The ruling power of administrative detention belongs to the public security organs at or above the county level, and the term is generally within 15 days, and the heavier one does not exceed 15 days, and the longest punishment time is 20 days; After the announcement of the administrative detention decision, during the application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit in accordance with the regulations, they may apply to the administrative subject for suspending the execution of administrative detention.

According to the notice of Opinions on Establishing 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, 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.

Second, will detention affect children?

Administrative detention has no effect on children, and criminal detention is a compulsory measure. If there is no punishment after detention, it will have no effect on the children. Criminal detention is a compulsory measure in criminal proceedings, and criminal record refers to criminal record, which can only be decided by the people's court according to law. Criminal detention will not leave a criminal record and will not have any impact, but if it does constitute a crime, it will have a criminal record after the judgment of the people's court takes effect. Criminal detention is a compulsory measure. If there is no punishment after detention, it will certainly not affect the children.

Legal basis: Article 82 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:

(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.