Will administrative detention leave the case to the record?
The Spring Festival has passed, and the Lantern Festival is coming. Whenever there is a festival, there are not a few people who are administratively detained for gambling, drunk driving, fighting, etc., so I would like to popularize the law for everyone.
Administrative detention refers to an administrative punishment in accordance with law that public security organs lawfully restrict the personal freedom of a person who violates administrative laws and regulations. Administrative detention is the most severe type of administrative punishment, usually applied to serious violations of the Public Security Administration Punishment Law, but does not constitute a crime and warnings and fines are not sufficient to punish. The power to adjudicate administrative detention belongs to public security organs at the county level or above, and the period is generally within 10 days, and in the heavier cases, not more than 15 days, and the maximum penalty time is 20 days. After the administrative detention decision is pronounced, where persons and their relatives who have been punished during the application for reconsideration and administrative litigation find a guarantor or pay a security deposit in accordance with regulations, they may apply to the administrative subject to suspend the execution of administrative detention.
Administrative detention is not the same as criminal detention. Administrative detention is only a means of administrative punishment, mainly aimed at violators who violate the Public Security Administration Punishment Law, but have not yet constituted a crime. Criminal detention, on the other hand, is a coercive measure taken in criminal proceedings to ensure the smooth conduct of proceedings. The object of criminal detention is a current offender or a major criminal suspect who violates the criminal law and needs to be investigated for criminal responsibility.
So, will administrative detention leave a case record? According to the Notice on the Opinions on the Establishment of a Criminal Record System for Criminal Offenders, the case background refers to the record of a person's criminal conduct, also known as the criminal record system of criminal personnel. In mainland law, there is generally only a record of a criminal record, which is generally kept by the public security department. Administrative detention is not a criminal record, but the record of administrative detention can also be found in the public security organs. For parties applying for civil servants and employees in special departments, it may have an adverse impact in the political review process. In addition, persons punished by administrative detention are unable to issue certificates of non-violation or criminal record. It may also have a certain impact on immigration, going abroad, etc.
Did you know? Follow this number and talk about the legal affairs around you.
