Criminal detention shall follow the following procedures:
1. When detaining a criminal suspect, the people's procuratorate should first examine whether the detained object meets the above two conditions and whether other compulsory measures can be taken to prevent social harm. The detention of a criminal suspect shall be proposed by the case-handling personnel, reviewed by the department head and decided by the procurator-general;
2. After the people's procuratorate makes a detention decision, it shall be handed over to the public security organ for execution. When necessary, the people's procuratorate may assist the public security organ in execution;
3. After the criminal suspect is detained, the people's procuratorate shall notify the family or unit of the detained person of the reason and place of detention within 24 hours.
Whether there is a criminal record during detention needs to be discussed in different situations:
(1) Administrative detention will not leave a criminal record;
(2) Criminal detention will leave a criminal record if it is finally determined that it constitutes a crime, and it will not leave a criminal record if it is finally considered that it does not constitute a crime.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 44 of the People's Republic of China (PRC) Public Security Administration Punishment Law
Those who molest others or intentionally expose their bodies in public places, if the circumstances are bad, shall be detained for more than 5 days 10 days; Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 and less than 15.
Article 2 of People's Republic of China (PRC) Public Security Administration Punishment Law
Disrupting public order, endangering public safety, infringing personal rights and property rights, obstructing social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), criminal responsibility shall be investigated according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.