Is the detention center an investigation organ?
The current detention center management system is based on the administrative area at or above the county level and is under the jurisdiction of the leaders of the public security organs at the same level. Detention center is a pre-trial detention place for pending criminal suspects. Its basic function is to maintain criminal proceedings and prevent recidivism, and to exercise and enforce the right of detention.
According to the common practice of modern countries ruled by law, detention centers are managed by independent judicial administrative organs. China is also undergoing a period of reform from "streamlined operation of public security inspection law" to modern "triangular structure mode of inspection, defense and trial". In recent years, the detention center may be placed under the management of the judicial bureau. In the future, it should be specially investigated by the public security, supervised by the procuratorate and tried by the court. Therefore, the detention center does not belong to the ranks of investigation organs.
What rights do detained criminal suspects have in detention centers?
expense
(1) The meals of detainees are provided by the state according to the prescribed standards, and the detention center does not charge meals to detainees and their families.
(2) The detention center shall collect a deposit for a criminal who is temporarily executed outside prison (including medical parole) upon the decision of the people's court or the approval of the public security organ. If the prisoner escapes during the temporary execution outside prison or fails to return at the expiration of the period without special circumstances, the deposit shall be used for the escape and other expenses of the public security organ. In the absence of the above circumstances, the deposit shall be returned to the deposit payer in time.
(3) Close relatives of detainees meet with detainees according to law, and the detention center does not charge fees.
manage
(a) the law enforcement work of the detention center is supervised by the people's procuratorate and accepted by the people and the society.
(2) Any individual or organization who discovers that the detention center or the police under supervision have violated the law and discipline may report, expose and accuse to the competent department of the public security organ, the discipline inspection and supervision department or the procuratorial organ.
The duty crime was not filed. Can I get bail pending trial in the detention center? Yes, but it must meet the conditions. The Criminal Procedure Law clearly stipulates that a criminal suspect or his family members may apply for bail pending trial to the case-handling organ of the Public Prosecution Law, which shall handle it within three days; Do not meet the conditions, should explain the situation.
It is not easy for prisoners detained in detention centers to get bail pending trial. You must meet the legal conditions, otherwise you can't get bail.
Conditions for obtaining bail pending trial stipulated in the Criminal Procedure Law:
Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
The law stipulates that in all criminal cases, evidence, investigation and research should be emphasized, and confessions should not be trusted. Personnel of public security organs collect all kinds of evidence that can prove the guilt or innocence of criminal suspects in accordance with legal procedures. If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished.
Legal basis:
Article 50 of the Criminal Procedure Law
Judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime in accordance with legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.
Article 53
In sentencing all cases, we should attach importance to evidence, investigation and research, and we should not trust confessions. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished.
If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
Arrest has been carried out in Anjing Detention Center for 5 1 day. Can I find a guarantor without a letter of understanding? If the procuratorate approves the arrest and wants to get bail pending trial, the situation of the case needs to change greatly. The letter of understanding is also a case change, but it is difficult to give you an opinion if you only talk about the detention time. The other is an Jing in Pixian County?
Can mental illness be locked up in a detention center? Hold it first, and then identify it. If the appraisal result is mental illness, it will be released. Those who commit crimes intermittently during the period before the crime shall be detained and bear criminal responsibility.
If one party disagrees with the appraisal, a second appraisal can be conducted. If the two results are different, the unit specified at the higher level is the final result.
I broke a rib. Can I get bail in the detention center now? Before sentencing, those who meet the conditions for obtaining a bail pending trial may obtain a bail pending trial. In this case, you should still be able to go on medical parole.
(1) may be sentenced to public surveillance or criminal detention, and the latter independently uses supplementary punishment.
(2) Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social harm;
(3) The criminal suspect who should be arrested suffers from a serious illness, and the latter is pregnant and breastfeeding her baby under one year old;
(four) the evidence of the criminal suspect in custody is inconsistent with the arrest and needs reconsideration and review;
(five) after the request for arrest, the people's procuratorate does not approve the arrest and needs reconsideration and review;
(6) The case in which the criminal suspect is detained cannot be closed within the statutory time limit, and it is necessary to continue the investigation.
These are the conditions for bail pending trial. I suggest you try it: tieba.baidu./p/4313271848 directly consult a lawyer in detail and ask to analyze your situation.
Can you get out of prison after 37 days? Such a normal situation belongs to arrest, and the most important thing to consider in arrest is bail pending trial.
Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released.
Criminal Procedure Law of the People's Republic of China
Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger.
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Article 66 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 67 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Article 68 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 69 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 69 of this Law, it shall promptly report to the executing organ.
If a guarantor violates the provisions of Article 69 of this Law and fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Article 69 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(two) shall not meet or communicate with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents and driving documents shall be kept by the executing organ.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.
Article 70 The decision-making organ that has obtained a bail pending trial shall comprehensively consider the need to ensure the normal proceeding of litigation activities, the social danger of the person who has obtained a bail pending trial, the nature and circumstances of the case, the severity of the possible penalty, the financial situation of the person who has obtained a bail pending trial and other factors to determine the amount of the deposit.
The person who provides the deposit shall deposit the deposit into the special bank account designated by the executing organ.
Article 71 If a criminal suspect or defendant does not violate the provisions of Article 69 of this Law during the period of obtaining a guarantor pending trial, he shall, after the completion of obtaining a guarantor pending trial, collect the returned deposit from the bank with the notice of obtaining a guarantor pending trial or relevant legal documents.
Can a person be released on bail pending trial in the first detention center? According to the suspected charges, determine whether he can be released on bail.
Can I get bail at the detention center for 0/2 days after opening a casino/KLOC? Whether you can get bail pending trial depends on the specific case, and you can't generalize. It is recommended to consult a lawyer and make an analysis after stating the case in detail. Generally speaking, those who may not constitute a crime or conform to Article 65 of the Criminal Procedure Law may be released on bail pending trial.
Criminal procedure law:
Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.