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Detention for three days, if there is a case, will it be automatically eliminated

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Detention for three days, if there is a case, will it be automatically eliminated


        

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  • 2024-06-14 15:01:40

    Detention for three days will leave a record in the public security bureau, which does not belong to the bottom of the case and will not be automatically eliminated. Administrative detention is the most severe kind of administrative punishment, which is usually applicable to serious violations of public security management but does not constitute a crime, while warnings and fines are not enough to punish. The records left in the public security organs will not be eliminated on their own initiative. Case record refers to a person's past record of committing a crime, also known as criminal record. Individual criminal records, which are kept in local or national archives, are an alternative manifestation of the history of natural persons. According to Article 286 of the Criminal Law of the People's Republic of China, if a person is under the age of 18 at the time of committing a crime and is 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 up, it shall not be provided to any unit or individual, except that the judicial organ needs to handle the case or the relevant unit makes inquiries according to the state regulations. Units that make inquiries according to law shall keep confidential the sealed criminal records. Under what circumstances can a fine be imposed? Article 59 of the Administrative Procedure Law of the People's Republic of China on detention: If a litigant participant or other person commits one of the following acts, the people's court may, according to the seriousness of the case, admonish him, order him to sign a statement of repentance, or impose a fine of not more than 10000 yuan or detention of not more than 15 days; If a crime is constituted, criminal responsibility shall be investigated according to law: (1) A person who has the obligation to assist in the investigation and execution delays, refuses or obstructs the investigation and execution without reason against the people's court's decision to assist in the investigation and notice to assist in the execution. (2) Forging, concealing or destroying evidence or providing false evidentiary materials, which obstructs the people's court from trying cases. (3) Instigating, bribing or coercing others to give false testimony or threatening or preventing witnesses from giving testimony. (4) Hiding, transferring, selling or destroying the property that has been sealed up, distrained or frozen. (5) The plaintiff withdraws the lawsuit by illegal means such as deception and coercion. (6) Obstructing the staff of the people's court from performing their duties by violence, threat or other means, or disturbing the order of the work of the people's court by means of uprooting or storming the court. (7) Intimidating, insulting, slandering, framing, beating, besieging or retaliating against judges or other staff members of the people's court, participants in the proceedings or personnel assisting in investigation and enforcement. The above is about three days of detention. Have you learned the legal knowledge about whether there is a case and whether it will be automatically eliminated?

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