First, what should I do if the medical examination of criminal detention is unqualified?
Those who fail to pass the first five tests of criminal detention may apply for bail pending trial. Article 67 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ.
Second, how to apply for medical parole if the medical examination of criminal detention is unqualified?
1. For criminals who meet the conditions for medical release on parole and need medical release, the criminals and their relatives shall submit a written application, fill in the application form for medical release on parole, conduct collective research in different prison areas, report to the prison area for review, and take the criminals to the prison hospital for medical appraisal after approval by the prison area. Persons suffering from mental illness, AIDS, occupational diseases, etc. , should according to the Yunnan provincial government (file cloud [1998] 138) to the designated hospital for identification. If the medical appraisal meets the conditions for medical parole, the prison area will hold a meeting to study it, and the prison management department will send personnel to attend, and comrades from the procuratorate and the Commission for Discipline Inspection will be invited to attend. After the meeting of the prison area is agreed, the guarantor shall sign the guarantee.
2. The diagnosis conclusion of medical appraisal shall be signed by two or more attending physicians and hospital business directors, and stamped with official seals. The certification materials of medical appraisal shall include medical subjective certification, objective examination, laboratory examination and other materials as well as copies of relevant medical records.
3. Those who meet the conditions for medical release after being identified can hold the medical release approval form and medical appraisal conclusion, together with other supporting materials, and report to the prison management office for review.
4. After review, the prison management department shall submit the Approval Form for Prisoner's Medical Release, the Medical Appraisal Book and the Letter of Guarantee for Prisoner's Medical Release, and submit it to the Provincial Prison Administration for examination and approval with the consent of the prison leaders in charge and the person in charge of the prison commutation, parole and medical release review committee. After approval, fill in the Certificate of Prisoner's Release for Medical Treatment, and the guarantor will guarantee the prisoner to go home. If the place of residence is within the scope of Honghe Prefecture, the prison shall send police to the local public security organ to handle the relevant formalities.
(5) If medical parole is approved, it shall be executed by the public security organ in the criminal's residence. A prison shall fill in the Notice of Submitting Supervision and Inspection for a criminal who is temporarily executed outside prison and send it to the public security organ where the criminal lives for supervision and inspection. At the same time, the prison shall deliver the approval documents and relevant legal documents to the procuratorial organ and the court of first instance.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 18 of the Measures for the Implementation of the Regulations on Detention Facilities, if a detainee is under any of the following circumstances, the detention facility will not accept him, and a Notice of Refusal to Accept him will be issued to inform the detention decision-making organ:
(a) under the age of 65-438+06 or over the age of 70;
(2) Having reached the age of 16 but under the age of 18, and violating the administration of public security for the first time;
(3) Being pregnant or nursing a baby under one year old;
(4) The person detained for examination is seriously ill;
(five) other circumstances that are not suitable for detention review.
If the detainee is found to have one of the above circumstances after detention, the detention center shall immediately issue a notice of further treatment and notify the detention decision-making organ. The detention decision organ shall immediately deal with it and notify the detention center.