1, the word criminal record, generally speaking, means criminal record. No prosecution after criminal detention, of course, will not be guilty, and there will be no criminal record. 2. Criminal punishment records can be found in public security organs, procuratorates and courts. Those sentenced to probation can also be found in the Judicial Bureau. Administrative detention is a kind of administrative punishment. The local public security organ will keep the relevant files and punishment records of administrative punishment. 3. There is no criminal record elimination system in China, and these records will accompany the parties for life, but the above two records are not open to anyone. Only when judicial organs or lawyers handle criminal cases, they will be provided to the outside world after reporting to the competent authorities for examination and approval. Do not provide inquiry services to ordinary units or individuals. Illegal records have little impact on the later life of the parties, while criminal records will have an impact on the parties and their children.
Legal objectivity:
First, whether the transfer and arrest after criminal detention should be sentenced is not necessarily a sentence. Being arrested after criminal detention is not necessarily related to whether he will be sentenced to criminal punishment by the court. Because there is also a procedure for examining and prosecuting, in this procedure, there may be three results: statutory non-prosecution, non-prosecution due to insufficient evidence, and discretionary non-prosecution. So if you want to exempt or mitigate criminal punishment, I suggest you communicate with the entrusted lawyer and actively seek evidence favorable to the defendant. Second, the difference between criminal detention and arrest (1) has different legal nature and basis. Criminal detention is a compulsory measure taken according to the criminal procedure law, not a penalty. Public security detention is a kind of punishment according to the regulations on public security punishment. Judicial custody is a compulsory measure, but also has the nature of punishment. Its legal basis is the Civil Procedure Law and the Administrative Procedure Law. (2) The applicable objects are different. The object of criminal detention is an active criminal or a major suspect who has violated the criminal law and needs to be investigated for criminal responsibility. The object of public security detention is the perpetrator who violates the regulations on administrative penalties for public security and has not yet constituted a crime. The object of judicial detention is the parties, other participants or outsiders who have committed acts that disturb the order of civil and administrative proceedings. (3) The purpose and result are different. The purpose of criminal detention is to ensure the smooth progress of investigation and prevent the country and people from suffering new losses in life and property. The result of criminal detention generally turns into arrest, and the detention period of criminal detention can be reduced to imprisonment. The purpose of public security detention is to punish and educate offenders. The expiration of public security detention is the end of educational punishment. The purpose of judicial detention is to punish acts that disturb the order of litigation, so as to ensure the smooth progress of litigation activities. Judicial custody has nothing to do with the verdict. If the detained person admits and corrects his mistake, the people's court may terminate the detention in advance. (4) Different detention periods. The legal period of criminal detention is 3~7 days, and the longest is not more than 30 days. The detention period of public security detention is more than 1 day and less than l5 days. The term of judicial custody is 15 days or less. (5) The applicable organs are different. The public security organs and people's procuratorates exercise the right of criminal detention, and the public security organs also exercise the decision-making power and execution power of public security detention-the people's courts exercise the right of judicial custody, and people who are detained by judicial custody are handed over to the public security organs.