Will the family members be informed in advance of the release of criminal detention?

When the detention center is released, there is no requirement to inform the family members in our country. Therefore, in judicial practice, family members will not be notified. According to Article 85 of China's Criminal Procedure Law, the family members of the detained person shall be notified within 24 hours after criminal detention. However, China's laws do not stipulate that the family members of the detainees need to be notified to lift the compulsory measures of criminal detention.

According to the provisions of Article 39 of China's Regulations on Detention Centers, detention centers should handle the release procedures according to the release notices of people's courts, people's procuratorates, public security organs or state security organs. Release the detainees and issue a release certificate.

legal ground

Article 85 of the Criminal Procedure Law of People's Republic of China (PRC), when a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.

Measures for the implementation of the regulations on detention centers in People's Republic of China (PRC) Article 39 Defenders entrusted by criminals or designated by people's courts may meet and correspond with criminals after receiving a copy of the indictment.

When a lawyer meets a prisoner, he must hold a work permit of a law firm (or legal advisory office) and a special letter of introduction in a fixed format; Other defenders who want to meet with detainees must hold a special letter of introduction from the people's court.

Lawyers and other defenders must meet criminals in detention centers with the permission of the people's courts. Detention centers should provide convenience, guard and ensure safety. After the meeting, the prisoner shall be handed over to the police on duty for imprisonment.