Should I wear handcuffs during detention?

First, criminal detention should be handcuffed?

According to Article 8 of the Regulations on the Use of Police Equipment and Weapons in People's Republic of China (PRC), you can wear handcuffs when carrying out detention.

Regulations of People's Republic of China (PRC) on the Use of Police Weapons;

Article 8 The people's police shall perform the following tasks according to law. Criminals may escape, kill, commit suicide, self-harm or commit other dangerous acts, and they may use binding police equipment such as handcuffs, shackles and police ropes:

(1) Capturing criminals or major criminal suspects;

(2) To execute arrest, detention, custody, escort, interrogation, compulsory summons and compulsory summons;

(3) Other circumstances in which police equipment can be used as stipulated by laws and administrative regulations.

The people's police shall use police equipment in accordance with the provisions of the preceding paragraph and shall not intentionally cause personal injury.

Second, how many days is the duration of criminal detention?

Criminal detention must meet two conditions:

1. The object of detention is a flagrante delicto or a major suspect. An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime.

It has a legal emergency. As for what is an emergency, Articles 6 1 and 132 of the Criminal Procedure Law make different provisions on detention by public security organs and detention by people's procuratorates.

Procedure and time of criminal detention

1. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within 3 days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submission for examination and approval may be extended by 1 to 4 days. With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who have committed crimes on the run, repeatedly committed crimes or committed crimes in partnership.

2. The people's procuratorate shall, within 7 days after receiving the notice from the public security organ approving the arrest, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release the suspect after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.

Seven situations in which public security organs can detain in advance:

Article 82 of the Criminal Procedure Law stipulates that an active criminal or a major suspect under any of the following circumstances shall be punished by enumerating. The public security organ may detain in advance:

1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime.

2. The victim or the person who saw it with his own eyes identified him as a crime.

3. Found criminal evidence around or at the residence.

4. Attempted suicide, escape or escape after committing a crime.

5. It is possible to destroy, forge evidence or collude with others.

6, don't tell the real name, address, unknown.

7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.

Three. Procedures to be followed in criminal detention

1. When detaining a criminal suspect, the people's procuratorate should first examine whether the detained object meets the above two conditions and whether other compulsory measures can be taken to prevent social harm. The detention of a criminal suspect shall be proposed by the case-handling personnel, reviewed by the department head and decided by the procurator-general.

2. After the people's procuratorate makes a detention decision, it shall be handed over to the public security organ for execution. When necessary, the people's procuratorate may assist the public security organ in execution. According to the provisions of Article 83 of the Criminal Procedure Law, if detention is carried out in different places, it shall notify the public security organ where the detainee is located, and the public security organ where the detainee is located shall cooperate with the execution.

3. After the criminal suspect is detained, the people's procuratorate shall notify the family members of the detained person or their unit within 24 hours of the reason and place of detention. If the notice cannot be given within 24 hours due to the obstruction of investigation, it shall be approved by the chief procurator, and the reasons shall be explained in the attached file; If it is impossible to notify, it shall report to the attorney general and explain the reasons in the attached volume. The so-called obstruction of investigation generally refers to the possibility of escaping, hiding, destroying or falsifying evidence after learning the news; The accomplice of the crime needs to be verified, but no corresponding measures have been taken. The so-called failure to inform refers to objective reasons, such as traffic disruption caused by earthquakes and floods, or the detainees' failure to tell their real names and addresses. The people's procuratorate shall interrogate the detained person within 24 hours, and if it finds that there are circumstances that should not be detained, it shall promptly report to the person in charge of the original decision-making organ for approval of release, and make a decision to revoke the compulsory measures. Those who can be released on bail pending trial or under residential surveillance according to law shall go through the formalities of release on bail pending trial or under residential surveillance in accordance with regulations. If it is necessary to arrest, the relevant formalities shall be handled according to law.

4. Change and release of detention. The conditions for changing or lifting detention are:

(1) If the detainee needs to continue the investigation after the statutory time limit, he can be changed to bail pending trial or residential surveillance. But it must also meet the conditions stipulated in Article 133 or Article 134 of the Criminal Procedure Law. That is, "those who need to be arrested but have insufficient evidence" or "those who need to continue investigation and meet the conditions of obtaining a guarantor pending trial and residential surveillance" may be changed to obtaining a guarantor pending trial and residential surveillance.

(2) Defenders such as criminal suspects, their legal representatives, close relatives or lawyers entrusted by criminal suspects believe that the people's procuratorate has detained the criminal suspect beyond the statutory time limit and have the right to request the people's procuratorate to release the criminal suspect or change the detention measures, and the investigation department of the people's procuratorate shall complete the examination within 3 days. After examination, if it is considered that the time limit has exceeded the statutory time limit, it shall put forward opinions on releasing the criminal suspect or changing the detention measures, and notify the public security organ to implement them after approval by the procurator-general; After examination, it is considered that the time limit has not exceeded the statutory time limit, and a written reply shall be given to the complainant. At the same time, the investigation department shall notify the procuratorial department in writing of the examination results.