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Detention centers should inspect the persons and property of detainees. Detainees' non-daily necessities and cash are registered and kept by the detention center.
Contraband and other items related to the case discovered during the inspection shall be transferred to the agency that made the detention decision for processing according to law.
Extended information:
Article 14 Detention centers should establish a duty patrol system and an emergency response mechanism. On-duty inspection personnel should strictly abide by their job responsibilities, report problems in a timely manner and handle them appropriately.
Detention centers should install surveillance video equipment to monitor the safety of detainees.
Article 15 Detention centers shall classify and manage detainees according to their gender, adult status and other management needs.
Female police officers are responsible for the direct management of female detainees.
Article 16 Detention centers should establish management files for detainees.
Article 17 Detention centers shall provide detainees with food in accordance with prescribed standards and respect the ethnic dietary habits of detainees.
Article 18 Detention centers should establish medical, health and epidemic prevention systems and do a good job in disease prevention, epidemic prevention and treatment.
Detention centers should promptly treat sick detainees. If a detainee is sick and needs to be treated outside the detention center, the director of the detention center shall approve it and assign people's police to manage it; if a detainee has an infectious disease and needs to be treated in isolation, the detention center shall take measures to isolate and treat the detainee.
If a detainee is seriously ill, the detention center shall immediately take first aid measures and notify his or her relatives.
Article 19: If a detention center discovers that a detainee has any of the following circumstances, it shall recommend to the detention decision-making authority to make a decision to terminate the detention:
(1) Suffering from mental illness, Infectious diseases that require isolation and treatment;
(2) The condition is serious and may endanger life safety.
Article 20: Daily necessities obtained by a detainee during detention shall be inspected and registered by the detention center and then transferred to the detainee. The detention center will not accept items that are not necessary for daily living.
Article 21 Detention centers should provide legal education and moral education to detainees, and organize detainees to carry out appropriate cultural and sports activities.
Detention centers should ensure that detainees have no less than two hours of outdoor activities in the prison cells every day.
Detention centers shall not force detainees to engage in productive labor.
Article 22 If a detainee reports or exposes a criminal act that is verified to be true, or if he stops a criminal act, the detention center shall praise him.
Article 23: If a detainee commits any of the following illegal acts, the detention center may reprimand him, order him to repent, or use police equipment:
(1) Making noises or fighting , fighting;
(2) Beating or bullying others;
(3) Intentionally damaging or destroying the property of the detention center or other people’s property;
(4) ) Premeditation and escape;
(5) Other serious violations of management regulations.
The use of police weapons by the people's police of the detention center against detainees must be approved by the director of the detention center and comply with the provisions of relevant laws and administrative regulations.
Article 24 If a detainee is suspected of a new crime or crime during detention, the detention center shall report it to the public security organ in charge of the detention center for handling; if the detention center discovers that the detainee is suspected of other crimes or crimes before entering the detention center, , the organ that made the decision to detain should be notified or reported to the public security organ in charge of the detention center for handling.
Article 25 Detention centers shall protect the detainee’s right to communicate during detention and shall not inspect or seize the detainee’s communication with others. Detainees shall abide by the communication management regulations of the detention center.
Article 26 Detention centers should protect detainees’ right to communicate: Detention centers should protect detainees’ right to see each other during detention. Detainees must abide by the detention center interview regulations.
Meetings with detainees shall be conducted at the detention center meeting place with valid identity documents at the specified time.
A lawyer who is entrusted by a detainee to meet with a detainee must also hold a lawyer's practicing certificate, a law firm certificate, a power of attorney or an official legal aid letter.
Article 27: If a detainee has any of the following circumstances, he or she will be interviewed by a lawyer entrusted by the detainee:
Article 27: The detainee is required to participate in further studies due to In the event of exams, the birth of a child, illness or death of a close relative, etc., you can apply for leave from the prison.
The application for leave will be reviewed by the detention center and then reported to the decision-making authority for approval. The decision-making authority shall make a decision on whether to allow the detainee or his close relatives to leave the detention center within 12 hours after the detainee or his close relatives submit an application.
The time a detainee takes for leave will not be included in the period of detention.
Article 28 If a detainee or his close relative applies to leave the prison, he or she shall provide a guarantor or deposit a bond to the authority that decided to detain him or her. The management of guarantors and deposits shall be carried out in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China".
If a detainee fails to return within the time limit for leave, the detention decision-making authority shall be responsible for taking him back to the detention center for detention.
Article 29: If a detainee reports or accuses, applies for administrative reconsideration, files an administrative lawsuit, or applies for a stay of detention, the detention center shall transfer the relevant materials to the relevant authorities within 24 hours, and shall not review or file the case. Seizure.
Administrative detention
is the most severe punishment for general violations of the "Public Security Administration Punishment Law of the People's Republic of China" and falls within the category of administrative punishment. The maximum period of public security detention is 15 days (release upon expiration of the period shall be decided by the public security organ and shall be carried out in an administrative detention center; those who refuse to accept the detention may file an administrative review or administrative lawsuit). The combined detention period shall not exceed 20 days.
Judicial detention
One type of detention is a detention made directly by the people's court due to obstruction of litigation activities (such as perjury, assaulting the court, etc.) during civil or administrative litigation or court enforcement. Decisions, perjury, assaulting the court, obstructing witnesses from testifying, concealing, transferring, sealing or impounding property, obstructing court staff from performing official duties, evading execution) shall be made directly by the people's court in the course of civil or administrative litigation or execution. decision; if it is a compulsory measure and according to the provisions of the Civil Procedure Law or the Administrative Procedure Law, the maximum period is fifteen days, the court will detain the person and hand him over to the custody of the public security organ. If he is not satisfied, he may apply to the court for review and detention. When the time limit expires, the court decides to issue an early release or release the person upon expiration.
There is also judicial detention: Article 134 of the General Principles of the Civil Law stipulates: When the people's court hears civil cases, the civil liability actor who seriously violates the provisions of the General Principles of the Civil Law may be reprimanded and ordered to recognise. If they repent, their property and illegal gains from illegal activities will be confiscated, and they may be fined or detained in accordance with the law.
It can be seen that detention stipulated in the "General Principles of Civil Law" is a method of punishment by the people's court in the name of the state to impose short-term restrictions on the personal freedom of perpetrators who seriously violate civil law norms. It is the most severe of the civil sanctions.
Criminal detention
refers to the temporary coercive measures taken by the public security organs or the People's Procuratorate against current offenders or major suspects during the investigation of criminal cases. The public security organs shall interrogate the detainee within 24 hours after detention. If a detainee is approved for arrest, he will be tried in accordance with the provisions of the Criminal Procedure Law, and criminal detention does not constitute a criminal punishment. If later acquitted, detainees can apply for state compensation.
According to Article 61 of the Criminal Procedure Law, public security organs may first detain current criminals or major suspects who meet the conditions for detention if they have any of the following circumstances:
(1) Preparing to commit a crime, committing a crime, or being discovered immediately after a crime;
(2) Identified by the victim or someone present who witnessed the crime;
(3) Around or in the residence of the detainee, or identified by the victim or someone present who witnessed the crime;
(4) In the vicinity or residence of the detainee, or identified by the victim or someone present who witnessed the crime of.
(3) Evidence of a crime is found nearby or in the residence;
(4) Attempt to commit suicide, escape or are at large after committing a crime;
(5) There is the possibility of destroying, forging evidence or colluding with confessions;
(6) Not telling the real name and address, and the identity is unknown;
(7) Committing crimes on the run, committing crimes multiple times, or forming gangs Suspected of committing a serious crime.
The conditions for detention decided by the People’s Procuratorate are:
1. Attempting suicide, running away, or being at large after committing a crime;
2. There is a possibility of destroying or fabricating evidence or colluding with confessions.
After the People’s Procuratorate decides to detain a person, it will be implemented by the public security organ.
The maximum period of criminal detention is 30 days
Baidu Encyclopedia - Detention Center