1. Is there a criminal record for picking fights and detaining people?
Failure to go to court for trial does not constitute a crime and has no criminal record. Article 293 of the Criminal Law Whoever commits one of the following acts of stirring up trouble and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating others at will, if the circumstances are bad; (two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Second, stir up trouble and detain for a few days.
Gathering people to fight, chasing and intercepting others, extortion or arbitrary damage, embezzlement of company property, etc. , public security detention for 5- 10 days, public security detention for serious cases 10- 15 days.
If the act of provoking trouble causes the circumstances stipulated by law to be bad, it will be suspected of committing the crime of provoking trouble, and the maximum penalty is 10 years in prison according to the regulations.
At this time, they will also be detained according to law, but the detention at this time is called criminal detention, and the longest criminal detention is 37 days.
If the procuratorate arrests the suspect after the detention period expires, the suspect will continue to be detained, and usually the case will be transferred to the procuratorate within two months after the arrest.
After examining and prosecuting, the procuratorate transferred the case to the court for trial and judgment. The innocent will be released immediately after the trial, and the guilty will be held until the end of the sentence.
3. What effect will detention for seven days have on family members?
Yes, taking the civil service exam or joining the army may affect the political review. 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. According to this situation, the standardized political review should be passed. According to Article 293 of the Criminal Law, anyone who commits one of the following acts of provoking troubles and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating others at will, and the circumstances are bad; (two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 293 of the Criminal Law.
Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.