To detain a criminal suspect in a detention center, one should rely on an arrest warrant, a criminal detention certificate issued by a public security organ or a state security organ at or above the county level, or a certificate issued by a public security organ, a state security organ, a prison, a reform-through-labor institution, a people's court or a people's procuratorate at or above the county level to hunt down and escort the criminal suspect for temporary detention. 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.
The guard is located in the administrative area at or above the county level and is under the jurisdiction of the public security organ 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.
This is the location of a detention center.
This is the location of a detention center.
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.
The Chinese People's Armed Police Force (hereinafter referred to as the Armed Police Force) is responsible for the armed vigilance and escort of criminal suspects in detention centers. The detention center provides professional guidance to the armed police who perform their duties.
The supervision activities of the detention center are subject to the legal supervision of the people's procuratorate.
The detention center implements a 24-hour duty system. The personnel on duty should stick to their posts and patrol the prison at any time. Prisoners sentenced to death but not yet executed must wear extra equipment. With the approval of the director of the detention center, criminal suspects who may commit crimes, riots, escape or commit suicide may use mechanical tools. 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.
The criminal suspect who enters the detention center is being examined, and it is absolutely forbidden to contact anyone outside, but he has the right to meet a lawyer. Defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.