Excuse me, lawyer: Is criminal detention a criminal punishment or an administrative punishment? Do you have a criminal file after being detained?

Criminal detention is a kind of punishment, and sentencing criminal detention is a kind of criminal punishment. People who are punished by criminal detention will leave criminal records (criminal files).

Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. ?

In China's penal system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:

1. Criminal detention is a short-term free punishment. The minimum term of criminal detention is more than 1 month and the longest is no more than 6 months. Therefore, criminal detention is the lightest of the three kinds of freedom punishment of detaining criminals and implementing compulsory labor reform in China.

2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.

Extended data:

The meaning and characteristics of criminal detention

Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. In China's penal system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:

1. Criminal detention is a short-term free punishment. The minimum term of criminal detention is more than 1 month and the longest is no more than 6 months. Therefore, criminal detention is the lightest of the three kinds of freedom punishment in China, and criminals are detained and forced to reform through labor.

2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.

3. Criminal detention is a penalty method of deprivation of liberty. Because criminal detention deprives criminals of their freedom, it is obviously different from public surveillance. As criminal detention is a penalty method, it is obviously different from administrative detention, criminal detention and judicial custody in terms of legal attribute, applicable object, applicable organ, applicable basis, applicable procedure and applicable period.

4. Criminal detention is a penalty method executed by the public security organ nearby, which is executed by the public security organ in the nearby detention center, detention center or other supervision places; During the execution, prisoners can go home for a day or two every month; Those who take part in labor may be paid as appropriate.

Baidu encyclopedia-criminal detention