Article 1 In order to ensure the smooth progress of criminal proceedings, these Regulations are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and other relevant laws.
Article 2 A detention center is an organ for detaining criminals who have been arrested and detained according to law.
Now the conditions in the detention center are still good, and the food is much better than before.
legal ground
Chapter I General Provisions
Article 1 In order to ensure the smooth progress of criminal proceedings, these Regulations are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and other relevant laws.
Article 2 A detention center is an organ for detaining criminals who have been arrested and detained according to law.
A criminal sentenced to fixed-term imprisonment of not more than one year, or a criminal whose remaining sentence is not more than one year, may also be supervised by a detention center.
Article 3 The task of a detention center is to put detainees on armed alert in accordance with national laws to ensure their safety. Educate offenders; Manage the life and health of criminals; Ensure the smooth progress of investigation, prosecution and trial.
Article 4 To supervise detainees in detention centers, we must adhere to the principle of combining strict vigilance with education, and adhere to legal management, strict management, scientific management and civilized management to protect the legitimate rights and interests of detainees. Beating, scolding, corporal punishment and maltreatment of criminals are strictly prohibited.
Article 5 Guardians shall be established in administrative areas at or above the county level and shall be under the jurisdiction of public security organs at the same level.
The national security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government may set up detention centers as needed.
Railway, transportation, forestry, civil aviation and other systems are equivalent to public security organs at or above the county level, and detention centers can be set up.
Article 6 A detention center shall have one director and one or two deputy directors. According to the needs of the work, it is equipped with a number of security, discipline, medical, accounting, cooking and other staff.
Detention centers should be equipped with female staff to manage female criminals.
Article 7 The Chinese People's Armed Police Force (hereinafter referred to as the Armed Police Force) is responsible for the armed vigilance and escort of detainees in detention centers. The detention center provides operational guidance to the armed forces performing their duties.
Article 8 The supervision activities of detention centers are subject to the legal supervision of the people's procuratorates.
Chapter II Detention
Article 9 A criminal shall be detained in a detention center with an arrest warrant or a criminal detention certificate issued by a public security organ or a state security organ at or above the county level, or a certificate of arrest and release from custody issued by a public security organ, a state security organ, a prison, a reform-through-labour institution, a people's court or a people's procuratorate at or above the county level. 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.
Article 10 Detainees in detention centers shall undergo health examination, and shall not be detained under any of the following circumstances:
(a) suffering from mental illness or acute infectious diseases;
(2) Suffering from other serious diseases, who may be life-threatening or unable to take care of themselves during detention, except those who are extremely guilty and endanger society;
(3) Women who are pregnant or breast-feeding babies under one year old.
Article 11 A detention center shall strictly check the person and articles carried by prisoners. Non-daily necessities shall be registered, kept on their behalf, counted and returned when they are discharged from prison or transferred to prison or reform-through-labour institutions. Prohibited items should be confiscated. When criminal evidence and suspicious items are found, they shall be recorded on the spot, signed by the criminal, fingerprinted and sent to the competent authority for handling.
The physical examination of female criminals should be carried out by female staff.
Article 12 Criminals and prisoners shall establish files.
Article 13 A prisoner in custody shall be informed of the surveillance he must observe and the legitimate rights and interests he enjoys during his detention.
Article 14 Male and female criminals, adult criminals and juvenile criminals, accomplices and other criminals who need to be held separately shall be held separately.
Article 15 If the investigation by the public security organ or the state security organ ends and the people's procuratorate decides to take the criminals into custody, and if the people's procuratorate examines or the investigation ends, the people's court decides to take the criminals into custody, they shall be handed over one after another, go through the formalities for changing their custody, and notify the detention center in writing.
Chapter III Vigilance and Prevention
Sixteenth detention centers implement a 24-hour duty system. The personnel on duty should stick to their posts and patrol the prison at any time.
Article 17. Prisoners sentenced to death but not yet executed must wear extra equipment.
With the approval of the director of the detention center, prisoners who have facts that indicate that they may commit crimes, riots, escape or commit suicide may use mechanical equipment. In case of emergency, you can use it first and then report to the director of the detention center. After the above situation is eliminated, it shall be lifted.
Eighteenth security guards and armed police in any of the following circumstances, take other measures to stop, can be shot in accordance with the relevant provisions:
(a) Prison break or riot;
(2) refusing to escape or resisting pursuit.
(3) hijacking a criminal;
(4) Criminals are in possession of controlled knives or other dangerous goods and are committing crimes or destroying these goods;
(five) the implementation of violence, threatening the life safety of guards and armed police.
When it is necessary to shoot, except in a special emergency, fire a warning shot first, and offenders should stop shooting immediately if they are afraid of taking clothes. After shooting, the scene shall be protected and immediately reported to the competent public security organ and the people's procuratorate.