If a criminal suspect is detained in a detention center and the people's court has no judgment, it is not considered to have a criminal record. A person convicted by a people's court is considered to have a criminal record. According to the Criminal Procedure Law of People's Republic of China (PRC), no one can be found guilty without the judgment of the people's court according to law. When a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately. When arresting a person, the public security organ must produce an arrest warrant. After the arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest.
Whether you have a criminal record in the detention center depends on the specific situation:
1. If the circumstances are not serious, it will be recorded, but it is not a criminal record. Serious cases will have criminal records.
2. If you don't leave a criminal record, there will also be files of punishment and detention. This file will only remain in the public security bureau, and it will generally not be affected during the political review. A criminal record that can affect a person's future should only exist after a court decision and criminal punishment. Criminal record generally refers to the record of someone's past crimes or criminal acts, also known as criminal record system. In law, it generally refers to the file records of criminal records, and criminal files are generally kept in the public security department.
If you are detained by the public security bureau, you have no criminal record. Administrative detention in public security bureau belongs to public security punishment and administrative punishment. Administrative detention has an illegal record in the punishment organ, but it is not recorded in personal files and will not leave a criminal record. Criminal record means having a criminal record, that is, having a criminal record and having a criminal record. 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.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 12 of the Criminal Procedure Law of People's Republic of China (PRC).
No one shall be found guilty without a judgment of the people's court according to law.
Article 286
If he was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed up.
If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.