There will be no criminal record in public security administrative detention, but there will be records of illegal handling, which will be filed in the public security sub-bureau (district and county level) where you were detained at that time. If it is because of criminal detention, it will leave a criminal record. ?
There is no system of eliminating criminal record in our country, and these records will accompany the parties for life, but the above two records are not open to anyone. Only when a judicial organ or lawyer handles a criminal case will it be provided to the outside world after it is reported to the competent department for 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.
Extended data:
Disciplinary detention
Refers to the most severe punishment given to the general illegal acts in violation of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, which is a kind of administrative punishment. The longest period of public security detention is 15 days (release at the expiration of the period shall be decided by the public security organ and executed in the administrative detention center; If you are not satisfied with the detention, you may bring an administrative reconsideration or administrative lawsuit). The time limit for combined execution of detention shall not exceed twenty days.
criminal detention
Refers to the temporary compulsory measures taken by public security organs or people's procuratorates against active criminals or major criminal suspects in the investigation of criminal cases. The public security organ shall interrogate the detained person within 24 hours after detention.
If the detainee is arrested, he will be tried in accordance with the criminal procedure law. If acquitted after the trial, the arrested person can apply for state compensation. Criminal detention is not a punishment or sanction.
According to the provisions of Article 80 of the Criminal Procedure Law, 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) Evidence of a crime is found around or at the residence;
(4) attempted suicide, escaped or escaped after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not tell the real name and address, and the identity is unknown;
(seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
The conditions for the people's procuratorate to decide on detention are:
(1) attempted suicide, escaped or escaped after committing the crime;
(2) It is possible to destroy or forge evidence or collude with others.
After the people's procuratorate decides to detain, it shall be executed by the public security organ.
The longest period of criminal detention is 37 days (the time limit for applying for approval of arrest can be extended to 30 days for the main suspects who commit crimes on the run, repeatedly commit crimes or commit crimes in partnership). The procuratorate must make a decision to approve or disapprove the arrest within 7 days.
judicial custody
One refers to the detention decision made directly by the people's court in the process of civil and administrative litigation or court execution, which is a compulsory measure, such as obstructing litigation activities (such as perjury, attacking the court, obstructing witnesses from testifying, concealing, transferring seized or detained property, obstructing court staff from performing official duties, evading execution, etc.).
According to the provisions of the Civil Procedure Law or the Administrative Procedure Law, the maximum period is fifteen days, and the court will hand over the detained person to the public security organ for custody. If you are not satisfied, you may apply to the court for reconsideration. During the detention, the court will decide to explain in advance or release at maturity.
There is another kind in judicial custody: Article 134 of the General Principles of the Civil Law stipulates that when trying a civil case, the people's court may admonish it, order it to make a statement of repentance, confiscate the property and illegal income of illegal activities, and may impose fines and detention according to law.
It can be seen that the detention stipulated in the General Principles of the Civil Law is a kind of punishment that the people's court imposes short-term restrictions on the personal freedom of the perpetrators who seriously violate civil legal norms in the name of the state. This is the most severe punishment in civil sanctions.
References:
Baidu encyclopedia-detention