Public Law [2005] No. 292
Public Security Departments and Bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government, Xinjiang Production and Construction Xingtuan Public Security Bureau:
In order to thoroughly implement the concept of law enforcement for the people, implement the reform spirit of the central judicial system, standardize law enforcement behavior, and promote fair law enforcement, the Ministry of Public Security issued the "Ministry of Public Security's Notice on Further Notice on Strengthening and Improving the Approval Work of Reeducation through Labor" (Gongtongzi [2005] No. 58). In order to ensure the correct and effective implementation of this notice, the Ministry of Public Security has formulated (Implementation Opinions on Further Strengthening and Improving the Approval Work of Reeducation through Labor), which are hereby issued to you. Please comply with them. The Ministry of Public Security will organize inspections of various places at an appropriate time in 2006. Implementation status, and will promote effective implementation experience and practices through on-site meetings, experience exchange meetings, etc. If you encounter problems at work, please report them to the Ministry in a timely manner.
September 2005
Implementation Opinions on Further Strengthening and Improving the Review and Approval Work of Reeducation through Labor
Further strengthening and improving the review and approval work of Reeducation through Labor is an important measure for the Public Security Bureau to implement the reform spirit of the central judicial system and comprehensively improve the law enforcement level of the public security organs. . In order to ensure the correct and effective implementation of the "Notice of the Ministry of Public Security on Further Strengthening and Improving the Approval Work of Reeducation through Labor" (Gongtongzi [2005] No. 58, hereinafter referred to as the "Notice"), the following implementation opinions are hereby provided on relevant issues:
1. The legal basis for reeducation through labor
1. The legal basis for reeducation through labor is the "Decision of the State Council on Reeducation through Labor" and the "Supplementary Provisions of the State Council on Reeducation through Labor" approved by the Standing Committee of the National People's Congress ", "Regulations of the Standing Committee of the National People's Congress on Public Security Administration Punishments of the People's Republic of China", "Decision on Drug Control", "Decision on Prohibition of Prostitution", "Trial Measures on Reeducation through Labor Approved by the State Council and forwarded by the Ministry of Public Security", "Handed by Public Security Agencies in Various Places." Public security organs must strictly follow the above-mentioned laws, administrative regulations and normative documents as well as the applicable objects and procedures specified in ((notice)) to review and approve labor education. 2. According to Article 2 of the "Public Security Administration Punishment Law of the People's Republic of China" Article 76 stipulates that "luring, harboring, and introducing others to prostitution", "producing, transporting, copying, selling, renting books, periodicals, pictures, movies, audio-visual products and other obscene materials, or using computer information networks, telephones and other communications "Those who use tools to spread obscene information" and "those who gamble for profit", the "compulsory education measures" here are reeducation through labor; "according to relevant national regulations" refers to the provisions of the above-mentioned laws and administrative regulations; "refractory" refers to those who have been After being imposed a fine, administrative detention, education, or reeducation through labor in accordance with the law, if one of the above three behaviors is not enough for criminal punishment, since the implementation of the Public Security Administration Punishment Law of the People's Republic of China on March 1, 2006, public security organs in various places should. Strictly comply with the above provisions.
2. Make full use of reeducation through labor methods to combat illegal and criminal activities. 3. Public security agencies at all levels must handle reeducation through labor cases strictly in accordance with the law. It is necessary to make full use of reeducation through labor to combat illegal and criminal activities, maintain social stability and public order, and firmly establish awareness of the rule of law and human rights protection to effectively prevent the negative effects of improper use of reeducation through labor
4. Public security organs must resolutely report criminals who meet the conditions for reeducation through labor, especially those who disrupt social order and affect people's sense of security, and cannot simply impose public security management penalties or investigate and deal with them in accordance with the law.
5. The case-handling departments of public security, criminal investigation, and anti-narcotics agencies must firmly establish legal awareness, evidence awareness, and procedural awareness, work hard on investigation and evidence collection, collect and fix evidence in a timely manner, and accurately determine the facts and nature of illegal crimes; the legal system and labor education approval departments must strengthen Legal review, strict approval procedures, and effectively improve the quality of cases.
6. Those who are investigated for criminal responsibility by the public security organs in accordance with the law shall not be reduced to reeducation through labor; those who should be given public security management penalties or other treatments in accordance with the law shall not be upgraded to reeducation through labor; if the facts are unclear and the evidence is insufficient, they shall not be reduced to reeducation through labor. Reeducation through labor shall be approved; for criminal suspects who cannot be investigated within the statutory period of detention, the period of detention shall not be extended in disguised form through reeducation through labor.
3. Issues regarding lawyers’ representation in labor-education cases
7. In order to protect the legitimate rights and interests of citizens, the county-level public security organs or the case-handling departments of the prefectural-level or provincial-level public security organs should allow criminal suspects to A person or his legal representative entrusts his guardian, relatives and friends, or hires a lawyer to provide legal assistance after applying for reeducation through labor; but for cases involving state secrets, the public security organs should refer to the procedural provisions for handling criminal cases and explain the reasons. The so-called "cases involving state secrets" refer to cases where the case or the nature of the case involves state secrets and cannot be identified as involving state secrets because the relevant materials and handling opinions during the investigation of the case need to be kept confidential.
8. Lawyers can meet with criminal suspects, provide legal aid to criminal suspects, and participate in hearings and other activities. If a lawyer requests to meet with a criminal suspect in custody, the public security organ shall refer to the procedural provisions for handling criminal cases and arrange the meeting within 48 hours.
9. Lawyers may review and extract factual materials on illegal crimes from the date of representation; other agents may also review and extract the above-mentioned materials or meet criminal suspects with the approval of local and provincial public security organs.
10. For those who have not applied for a hearing, the public security organ shall listen to the opinions of lawyers or other agents before the collegial panel is formed. The public security organ shall adopt the legal and reasonable opinions put forward by the agent; if it refuses to adopt them, the public security organ shall explain the reasons in the reeducation through labor decision.
4. Regarding the comprehensive implementation of the hearing system.
11. Before making a decision on reeducation through labor, the public security organ should inform the criminal suspect of the right to apply for a hearing, but cases involving state secrets and simple cases where the criminal suspect admits the facts of the crime and has no objection to the decision Except for cases. The scope of the trial is no longer limited to cases other than "organizing and using cult organizations to undermine the implementation of national laws, taking or injecting drugs" as stipulated in Article 25 of the Regulations.
12. For cases where the case is simple and the suspect admits the crime and has no objection to the ruling, the public security organs will no longer organize hearings. The so-called "simple cases" refer to cases with clear facts, clear causal relationships, few participants, and no need for multi-party verification, such as drug abuse and injection cases. The so-called "no objection to the ruling" means that there is no objection to the proposed decision on reeducation through labor.
Verb (abbreviation of verb) Thoughts on shortening the period of reeducation through labor determination
13. When determining the period of reeducation through labor for criminals, it is generally divided into three levels: 1 year, 1 year 3 months, 1 year and 6 months. Among them, those who insist on pickpocketing, taking or injecting drugs, organizing and using cult organizations to undermine the implementation of national laws, and who are difficult to reform through education, and those who have aggravating circumstances stipulated in Article 47 of the "Regulations" may be sentenced to 1 year or 9 years of reeducation through labor. months or 2 years.
14. During the implementation of reeducation through labor, if the public security organ discovers that the reeducation through labor personnel have committed illegal or criminal acts for which legal responsibility has not yet been investigated, they may decide on reeducation through labor in accordance with the law, but the newly decided period of reeducation through labor and the remaining period shall generally not exceed 2 years.
6. Regarding the issue of expanding the scope of implementation.
15. In addition to the applicable scope of supervised release determined in Articles 11 and 54, if there is genuine repentance and there will be no social danger if not handed over for execution, the decision on reeducation through labor may be made simultaneously with the decision in accordance with the law. Execution outside prison. However, if there is one of the circumstances listed in Article 55 of the Regulations, no decision shall be made to execute the decision. The so-called "genuine repentance" means that one is fully aware of the illegality of one's behavior, is willing to accept legal sanctions, is willing to accept and obey the supervision and inspection of relevant departments, and actively participates in public welfare work. The so-called "no social danger" means that during the period of reeducation through labor prisoners, they can abide by laws, regulations and the supervision and management regulations of the Ministry of Public Security, and will not escape or commit crimes again.
16. Public security organs are not allowed to collect deposits from enforcement officers outside labor camps.
17. The police station where the person being executed and the person reeducation through labor is located should work with their family, school, unit, and neighborhood committee to supervise and help them, and organize them to study criminal law once a month in the local town, street, police station, or neighborhood committee. , Public Security Administration Punishment Law, Reeducation through Labor and the Ministry of Public Security’s relevant supervision and management regulations and other legal knowledge, and based on the differences of the persons subject to execution,
Seven. Thoughts on further strengthening supervision
18. As members of the Reeducation through Labor Management Committee, the public security organs should actively accept the guidance and supervision of the Reeducation through Labor Management Committee at the same level and at the higher level, and conduct regular inspections (at least once in the middle and at the end of the year). ) report work to the labor education management committee at the same level, and submit it to the labor education management committee at the same level for review and decision on major matters such as annual work arrangements, policy boundaries, funding, etc., coordinate and resolve problems existing in the approval and implementation of labor education, and study and decide on regional, jobs in the region.
19. If the public security organ’s labor reeducation management committee has inadequate institutions at the same level or personnel adjustments are not timely, it must proactively request the people’s government at the same level to improve the institutions, adjust personnel in a timely manner, and increase the number of member units.
20. Local public security organs must consciously accept the supervision of the People's Procuratorate, the People's Court and the people. If the People's Procuratorate, in the course of its procuratorial work and handling of letters and visits from the people, discovers that the public security organ has made an illegal decision on reeducation through labor and makes rectification suggestions to the public security organ, the public security organ shall conduct a timely verification in accordance with the law. If there are indeed errors upon verification, they shall be promptly corrected in accordance with the law.
21. Provincial public security organs must conscientiously do a good job in administrative review of labor education and actively implement a system for public hearing of opinions on labor education review cases. In administrative litigation cases involving reeducation through labor, the person in charge of the public security organ who made the decision on reeducation through labor shall appear in court to respond.
22. Public security organs should resolutely implement the administrative reconsideration decisions, administrative litigation judgments and compensation decisions on labor education that have taken legal effect. After the public security organs assume the state's liability for compensation in accordance with the law, they should order leaders and police officers who have committed intentional or gross negligence to bear part or all of the compensation costs.
23. Public security organs must strictly follow the requirements of the "Regulations", strengthen internal law enforcement supervision, effectively include the handling of reeducation through labor cases within the scope of law enforcement quality assessment, and strengthen law enforcement inspections. During the supervision of law enforcement, those found to be outside the scope of application or in violation of the approval procedures for reeducation through labor must be resolutely corrected in accordance with the law, and relevant leaders and police officers shall be held accountable for their law enforcement mistakes in accordance with regulations.
Eight. On strengthening occupational security
24. Public security agencies at all levels must fully understand the significance of strengthening and improving the review and approval of labor education, and do a good job in relevant work. Public security agencies at or above the prefecture level should establish a reeducation through labor examination and approval office by the end of 2005, with staff appropriate to the examination and approval tasks and a strong leadership team. In order to meet the need to perform duties in accordance with the law, the labor education examination and approval office shall set up at least one collegial panel, and places with large review volumes may establish one collegial panel based on the standard of approving 300 cases per year.
25. The public security organ’s labor education business funds, equipment, and labor education review and approval department personnel funds are included in the budget of the public security agency at the same level and are separately disbursed; the labor education approval office must be equipped with necessary means of transportation , communication tools, computers, audio and video recording and other case handling and office equipment, and set up a corresponding number of hearing rooms according to work conditions.
26. Public security organs should strengthen professional training for labor education review and approval personnel and continuously improve their professional quality and law enforcement capabilities.
27. In order to ensure the smooth progress and effectiveness of improvement measures, the labor education approval office should proactively report to the labor education management committee at the same level, pay attention to new situations and problems encountered in the approval work, and summarize them in a timely manner Practical experience, check the actual results, adjust improvement measures to ensure the effectiveness of the work.
December 12, 2005