First, the difference between criminal detention and sentencing
Criminal detention is a compulsory measure taken by public security organs against criminal suspects in the process of investigation. Its purpose is to ensure the smooth progress of criminal proceedings and prevent criminal suspects from evading investigation, prosecution and trial. Sentencing, on the other hand, is the guilty verdict made by the court on the defendant after the trial procedure, and it is punished according to law.
Second, the formation and influence of criminal record
Criminal record refers to the records left by individuals in the process of handling cases in judicial organs, including being put on record, prosecuted and sentenced. A criminal record may have a certain impact on an individual's social reputation, employment and further education. So many people are very concerned about whether they have a criminal record.
Three. Criminal detention without sentence
Whether there will be a criminal record in the case of criminal detention but no sentence in the end needs to be judged according to the specific circumstances. Generally speaking, in the process of investigation, if the public security organ thinks that the suspect is innocent or the evidence is insufficient, it will dismiss the case or not transfer the prosecution. At this time, the detainee will not leave a criminal record. However, if the case is transferred for prosecution, even if the court finally decides not guilty, the detained person will still leave traces of being prosecuted in the records of the judicial organs.
Fourth, how to view personal records?
Individuals can apply to public security organs, procuratorates, courts and other judicial organs to inquire about their criminal records. When inquiring, you need to provide identification and relevant application materials, and follow the relevant procedures.
To sum up:
Whether a person detained in criminal detention but not sentenced will have a criminal record depends on the specific situation and relevant laws and regulations. If the case is rejected or not prosecuted, the detainee will generally not leave a criminal record; However, if the case is transferred for prosecution, even if the court finally decides not guilty, the detainee may still leave traces in the records of the judicial organs. Therefore, individuals should abide by laws and regulations in their daily lives and avoid involving illegal and criminal acts, so as not to leave unnecessary criminal records for themselves.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 82 provides that:
The public security organ may detain an active criminal 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) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Criminal Procedure Law of the People's Republic of China
Article 200 provides that:
After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgment after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.