First, will there be a criminal record without criminal punishment?
1, no criminal punishment will leave a criminal record. Exempting from criminal punishment is also a guilty verdict, but it does not bear criminal responsibility, so there will be a criminal record.
2. Legal basis: According to Article 37 of the Criminal Law of People's Republic of China (PRC), if the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted. However, according to the different circumstances of the case, it may be reprimanded or ordered to make a statement of repentance, apologize and compensate for the losses, or it may be given administrative punishment or administrative sanction by the competent department.
Second, will the public security punishment leave a criminal record?
1. Public security detention is not a criminal offence, and personal files will not be recorded, so there is no record.
2. Public security detention is a kind of administrative punishment, also known as administrative detention. Administrative detention refers to a punishment measure taken by public security organs to restrict personal freedom for citizens who violate administrative legal norms in a short time. Its term is greater than 1 day and less than 15 days. Administrative detention is a kind of punishment that restricts citizens' personal freedom, and it is also one of the most severe administrative punishments. Administrative detention in China is mainly public security detention. Because it is a severe administrative punishment, the law also strictly stipulates this punishment, which can only be executed by the public security organ, and no other administrative organ has the right to execute it. The place of detention is the public security detention center.
3. Administrative detention is an important and common administrative punishment. Administrative detention refers to a kind of administrative punishment that legal administrative organs (especially public security organs) restrict personal freedom in a short time for those who violate administrative legal norms according to law. Administrative detention is the most severe administrative punishment, which is usually applied to acts that seriously violate public security management but do not constitute a crime. Warnings and fines are not enough to punish. Therefore, the law has strict regulations on its establishment, implementation conditions and procedures.
The decision-making power of administrative detention belongs to the public security organs at or above the county level; The time limit is generally within 10 day, and the heavier one does not exceed 15 day; After the announcement of the administrative detention decision, during the application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit in accordance with the regulations, they may apply to the administrative subject for suspending the execution of administrative detention.
1. Have you received any criminal punishment and a criminal record?
1, there will be a criminal record without criminal punishment. Exemption from criminal punishment means that the court finds that the facts of the crime constitute a crime, but the circumstances are minor and the harm is not great. Exemption from criminal punishment does not exempt criminal responsibility, so there will still be criminal records.
2. Legal basis: Article 37 of the Criminal Law of People's Republic of China (PRC).
Non-punitive measures may be exempted from criminal punishment if the circumstances of the crime are minor and do not need to be punished, but they may be admonished or ordered to make a statement of repentance, apologize and compensate for the losses according to the different circumstances of the case, or the competent department may impose administrative penalties or administrative sanctions. Article 37- 1 If an occupational prohibition order is sentenced for committing a crime by taking advantage of professional convenience, or committing a crime that violates a specific obligation of professional requirements, the people's court may, according to the situation of the crime and the need to prevent recidivism, prohibit him from engaging in related occupations from the date of completion of the punishment or the date of parole for a period of three to five years. If a person who is prohibited from engaging in related occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall punish him according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
Second, what happens when you have a criminal record?
1, which will affect themselves and their children's participation in civil service examinations, conscription and other political trials;
2. If a person was under 18 years old 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 286 of the Criminal Procedure Law of People's Republic of China (PRC)
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.
Opinions on Establishing Criminal Record System for Criminals
Criminal record is an objective record of criminals by special state organs. Criminal record system is an important part of modern social management system. In order to meet the needs of economic and social development in the new era, further promote social management innovation, maintain social stability and promote social harmony, we now put forward the following opinions on establishing a criminal record system in China.