First, how to judge the prisoners in the detention center
When accepting an inquiry, trial or settlement, the case-handling personnel must produce valid work certificates and relevant vouchers. The number of detainees shall not be less than two at a time for arraignment, arraignment and remand. The arraignment, arraignment and arraignment shall be handled in accordance with the following procedures:
(a) inspection certificate
1. The case-handling organ shall, when interrogating a criminal suspect or defendant, hold a Certificate for Interrogation and a valid work certificate stamped with a special seal for arraignment and indicating the legal detention period.
2, the people's Procuratorate for examination and arrest of criminal suspects, with the "certificate of arraignment", the public security organ "approval of arrest" (copy) and valid work documents for arraignment. The arraignment shall be conducted within 7 days from the date of submitting for approval of arrest. Upon expiration of the validity period, the detention center will not file a case.
3. When the people's procuratorate hears a death penalty case in the second instance, if it needs to summon the defendant in the first instance to appear in court for supporting public prosecution, it shall summon the defendant with the Certificate of Remission and Dismissal, the Notice of Marking by the People's Court of Second Instance and the valid work certificates of the people's procuratorate case handlers.
4. If the case-handling organ needs to know the relevant information from the criminal because of handling the case, it shall produce the official letter of the case-handling organ and the valid work certificate of the case-handling personnel, and be arraigned after being approved by the leaders of the detention center.
5. If the case-handling organ needs to remove the identity certificate and stolen goods of the detainees due to the investigation work, it must hold a report instructed by the main leaders of the public security organs, state security organs or people's procuratorates at or above the county level, and the instructions must clearly indicate the legal reasons for "identifying criminals, criminal evidence" or "stolen goods", and at the same time, the case-handling organ shall remove them by the Interrogation Removal Certificate stamped with the special seal for interrogation.
During the transfer of detainees from the detention center, the transferred case-handling organ shall be responsible for their safety and health.
6. If the hearing requires the presence of translators, guardians of minors, legal representatives and other professionals, the case-handling organ shall issue a written certificate.
In violation of the above provisions or beyond the legal detention period, the detention center shall refuse to remand the case, remand the case or hand it over.
(two) fill in the "registration form for arraignment, arraignment and referral"
(3) the issuer of the certificate
1. Temporarily save the case-handling organ's "summons and release of evidence" or other evidence of summons, summons and release of evidence.
2. After the detainees are equipped with instruments, they are taken to the interrogation room or handed over to the delivery personnel.
3. The arraignment and arraignment shall be conducted in the interrogation room of the detention center. If the arraignment or arraignment personnel violate the relevant provisions in the process of arraignment or arraignment, the detention center shall stop it, and may suspend the arraignment or arraignment when necessary.
4. The detention center shall inquire and inspect the detainees released from the detention center, and make a record, which shall be signed and confirmed by the police, doctors, case handlers and detainees of the detention center.
5. The arraignment arranged by the detention center shall not affect the normal rest, dining and disease treatment of the interrogated person.
(4) The payee withdraws the certificate.
1, safety and health, body surface examination
After the arraignment, arraignment or arraignment is over, the detention center shall conduct safety inspection on the detainees; Among them, the detention center should also carry out physical examination on the personnel sent back to the detention center. The inspection shall be recorded in writing.
If there is no abnormality after inspection, it shall be signed and confirmed by the police of the detention center, the case handlers and the detainees, and the police of the detention center will bring the detainees back to the original prison room; If it is found that the detainee carries prohibited items, it shall be confiscated;
If it is found that the physical appearance and health status of detainees are abnormal, the detention center shall require the case-handling organ to make a written explanation and immediately report it in writing to the competent public security organ, the superior business guidance department and the procuratorial department of the people's procuratorate; Those whose lives were in danger refused to be detained.
2. After the detainee is taken into custody, the remand time shall be indicated on the "Registration Form for arraignment, arraignment and arraignment".
3. Return the certificate of arraignment, the certificate of arraignment and the solution to the case-handling personnel.
Legal basis:
Article 18 of the Rules for Pre-trial Work of the Ministry of Public Security: In the process of trial, the pre-trial personnel shall make realistic inquiries about the facts, motives and purposes of the crime, ways and means of activities and the personnel related to the crime. Complaints and counter-evidence made by criminals should be seriously investigated and dealt with. During the pre-trial period, it is strictly forbidden to organize the masses to criticize criminals.
Article 20 When interrogating a criminal, a record of interrogation shall be made every time, and if necessary, the criminal himself may be required to write a confession. The interrogation record should record the prisoner's confession, so that the prisoner can understand it. If there are omissions or errors in the records, criminals are allowed to supplement and modify them, and sign and fingerprint them page by page. Illiterate prisoners have to read them interrogation records. After each trial, the examiner and the recorder should sign on the last page of the record.
Second, how do prisoners held in detention centers apply for bail pending trial?
1, apply for bail pending trial.
Criminal suspects and defendants in custody, their legal representatives and close relatives, and lawyers hired by criminal suspects have the right to apply for bail pending trial.
2. The decision to obtain bail pending trial.
The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.
3. Execute bail pending trial.
The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
4. Time limit for obtaining bail pending trial
The maximum period of bail pending trial shall not exceed 12 months. During the period of bail pending trial, the investigation, prosecution and trial of the case shall not be interrupted. If the time limit for obtaining a guarantor pending trial expires, or it is found that criminal responsibility should not be investigated according to the provisions of Article 15 of the Criminal Procedure Law, or the case has been closed, the original decision-making organ shall make a decision to revoke the guarantor pending trial, and notify the public security organ responsible for implementation.
Third, how to apply to the detention center for prison visits?
1. The requirements for visiting prisons vary from place to place. Generally speaking, you should produce the following documents:
(1) Identity documents (including ID card, temporary id card, household registration book, household registration certificate, officer's card, soldier's card, etc.). ),
(2) Relevant certificates issued by local neighborhood offices, neighborhood committees and village committees. It is common practice now that a second proof is not needed.
2. Not everyone has the right to visit. Generally speaking, only relatives and guardians of criminals can exercise the right to visit. Moreover, you can only visit the prison on the prescribed visiting day. You can check the phone, ask about the visiting time and go with his immediate family.
The pending prisoners in the detention center are not allowed to visit the prison, nor are they allowed to meet anyone except lawyers.
(1) Criminals sentenced to serving their sentences in detention centers can visit them, but no more than three times a month. Generally speaking, Saturday and Sunday are not visiting hours.
(2) Not everyone has the right to visit. Generally speaking, close relatives of criminals or other people with close ties can do it. However, it is ok to send things or money to prisoners from outside, but things can only be sent after they are bought in the store below the detention center or inspected.
Visiting relatives and friends detained in the detention center is also a kind of prison visit.
The above is the knowledge collected by the editor about how to judge the prisoners in the detention center, hoping to help everyone. When investigators go to the detention center to interrogate prisoners, they need to go through a series of procedures before they can finally interrogate prisoners. Note that the detention center is not allowed to interrogate prisoners without relevant documents.