The detention center is an institution that holds criminal suspects who have been arrested and detained according to law. If the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before delivery for execution, the detention center shall execute it on his behalf.
To detain a criminal suspect in a detention center, one should rely on an arrest warrant, a criminal detention certificate issued by a public security organ or a state security organ at or above the county level, or a certificate issued by a public security organ, a state security organ, a prison, a reform-through-labor institution, a people's court or a people's procuratorate at or above the county level to hunt down and escort the criminal suspect for temporary detention. If there is no such certificate, or the record of the certificate is inconsistent with the actual situation, it will not be taken into custody.
Rights of criminal suspects in detention centers
The criminal suspect who enters the detention center is being examined, and it is absolutely forbidden to contact anyone outside, but he has the right to meet a lawyer. Defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a certificate of legal institution, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The difference between detention center and prison
The task of the detention center is to arm and guard the detained criminal suspects in accordance with national laws to ensure safety; Educating criminal suspects; Manage the life hygiene of criminal suspects; Ensure the smooth progress of investigation, prosecution and trial.
Prison is the penalty execution organ of the state. According to the provisions of the Criminal Law and the Criminal Procedure Law, criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall execute their sentences in prison. Prisons implement the principle of combining punishment with reform and combining education with labor to transform criminals into law-abiding citizens.