There is no such thing as criminal detention.
Only criminal detention and administrative detention.
If administrative detention, it will not affect community workers. Criminal detention can test community workers.
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. In real life, when people who have made mistakes need a job now, many employers will consider it because of the criminal record. So can people who have been detained take an examination of public institutions? In order to help you better understand relevant legal knowledge, Legal Express has compiled relevant contents. Let's have a look.
1. Can a person in criminal detention enter a public institution?
Generally speaking, the political examination of public institutions is based on the personal files of candidates. If the administrative detention of candidates is not recorded in the file, it will have little impact on the political review. If it has been recorded in the file, it is likely to be an important reference for the political review, and it is possible that the political review will not pass. Article 11 of the Civil Service Law of People's Republic of China (PRC) stipulates:
Civil servants shall meet the following conditions:
(1) Having China nationality;
(two) at least eighteen years of age;
(3) Supporting the Constitution of People's Republic of China (PRC);
(4) Having good conduct;
(5) Having the physical conditions to perform their duties normally;
(6) Having the educational level and working ability that meet the post requirements;
(seven) other conditions prescribed by law.
People in criminal detention
2. Where do people sentenced to criminal detention generally serve their sentences?
Those sentenced to criminal detention generally serve their sentences in the detention center where they were sentenced.
According to the laws of our country, the principle of putting criminals in prison nearby is generally adopted, that is, no matter where they live, as long as they are sentenced at the judgment place, they will be put in prison and executed at the execution place near the judgment place.
The punishment of detained criminals shall be executed by the public security organs in the nearest detention center, and they shall not be sent to prison for compulsory labor reform. A criminal sentenced to criminal detention has a minor crime, but his personal danger is greater.
According to Article 43 of the Criminal Law, a criminal sentenced to criminal detention shall be executed by the public security organ nearby.
During the execution, criminals sentenced to criminal detention can go home for one or two days a month; Workers can be paid as appropriate.
Third, how long can I see my family after detention?
Detention is one of the compulsory measures stipulated by the laws of China. When a criminal suspect meets certain conditions, the public security organ may take detention measures. Many people ask, how long will it take to see their families after criminal detention?
According to the provisions of the Criminal Procedure Law, during the period of criminal detention, family members are not allowed to meet the parties, but can only entrust lawyers to meet the parties, understand the case, access the case files, obtain favorable evidence and provide legal help. Criminal detention must meet the following conditions:
(1) The object of detention is a flagrante delicto or a major suspect. An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime.
(2) One of the legal emergencies. Articles 8 1 and 165 of the Criminal Procedure Law make different provisions on detention by public security organs and detention by people's procuratorates. Article 81 of the Criminal Procedure Law stipulates that an active criminal or a major suspect under any of the following circumstances shall be punished by enumerating. The public security organ may detain in advance:
1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime.
2. The victim or the person who saw it with his own eyes identified him as a crime.
3. Found criminal evidence around or at the residence.
4. Attempted suicide, escape or escape after committing a crime.
5. It is possible to destroy, forge evidence or collude with others.
6, don't tell the real name, address, unknown.
7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.
The above is a small series of legal express, which gives you a detailed introduction about the knowledge that criminal detainees can take an examination of institutions. Generally speaking, the political examination of public institutions is based on the personal files of candidates. If the administrative detention of candidates is not recorded in the file, it will have little impact on the political review. If you have any other legal questions, please consult the Legal Express, and we will have professional lawyers to answer them for you.
Tips: In the actual legal problem scenario, the cases are different. In order to solve your problems efficiently and protect your legitimate rights and interests, I suggest you explain the situation directly to a professional lawyer to solve your practical problems.
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The legal basis of the clause
Article 43 of the Criminal Law of People's Republic of China (PRC)
Article 81 of the Criminal Procedure Law of People's Republic of China (PRC)
Article 165th of the Criminal Procedure Law of People's Republic of China (PRC)
People's Republic of China (PRC) civil servant law