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Will there be a record of public security detention? Does it affect work and going abroad?
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.
Administrative detention is not a criminal record, but the administrative detention record should be kept in the public security department of the public security organ.
Extended data:
The difference between administrative detention and criminal detention;
First, the legal nature is different. Although administrative detention (also known as public security detention) is the most severe punishment in administrative punishment, it is only a means of administrative punishment; Criminal detention is a compulsory measure to ensure the smooth progress of criminal proceedings, not a sanction.
Second, the object of administrative punishment is mainly the offenders who violate the law on public security administration punishment and have not yet constituted a crime; Criminal detention is like a flagrante delicto or a major criminal suspect who has violated the criminal law and needs to be investigated for criminal responsibility.
Third, the application purpose is different. The purpose of administrative detention is to punish and educate offenders through this punishment; The purpose of criminal detention is to prevent or stop active criminals and major criminal suspects from evading or obstructing criminal proceedings.
Fourth, the applicable organs are different. Administrative detention can only be applied by public security organs, and the decision-making power of criminal detention lies with public security organs and people's procuratorates.
Fifth, the detention period is different. The longest period of administrative detention is 15 days, and the longest period of detention is 20 days. The longest period of criminal detention in general cases is 14 days (including the period of arrest approved by the people's procuratorate), and the longest period of detention for major criminal suspects who commit crimes on the run, commit crimes many times, and commit crimes in collusion is 37 days.
References:
People's Procuratorate-Opinions of the "Two Institutes and Three Departments" on Establishing the Criminal Record System
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