Regulations on the Administration of Meeting Criminals 1 1. Criminals can communicate with others while serving their sentences, but the communication has to go through prison inspection. Letters found in prisons that hinder the reform of criminals may be detained. Letters written by criminals to higher authorities and prison judicial organs are not subject to inspection.
2. Packages and remittances sent by relatives of criminals to criminals, or packages and remittances sent by criminals to relatives, must be handled in accordance with the provisions of national postal stamps, carefully checked and registered by public security personnel, and signed by criminals. If contraband is found in the package, it will be punished according to the circumstances.
3. Criminals can meet their relatives according to regulations. Relatives must hold a "witness card" and an identity card and go through the registration formalities. The meeting shall be held in the conference room of the prison or in the designated place once a month, and each meeting shall not exceed one hour, and may be extended appropriately under special circumstances. It is forbidden to use argot or talk in a foreign language during the meeting. Ethnic minority criminals can use their own language. The venue must be directly managed by the police.
4, meet one of the following conditions, can be approved to meet the spouse or immediate family members:
1) was rated as a reform activist and classified as a first-class wide tube.
2) After entering the second-level wide tube for more than half a year, the scoring assessment has not been deducted for three consecutive months.
3) Those who have repented or made meritorious service during the transformation or production and entered the general management level for more than one year.
4) The reform needs the approval of the prison.
Meet the special interview conditions. Upon the application of criminals and their relatives, a meeting can be arranged once a month, and the meeting time can be extended to 24 hours. If the prisoner and his spouse are suffering from infectious diseases, or the proof materials such as marriage certificate are incomplete, or there are other circumstances that make it impossible for them to meet with privileges, the prison shall refuse to arrange privileged meetings.
5. Criminals who meet one of the following conditions may have dinner with their relatives upon approval:
1) meets the requirements of the special meeting.
2) Being rated as a reform activist, being praised by the prison, or being rewarded for meritorious service.
3) Enter the first-class wide tube or enter the second-class wide tube for more than three months.
4) Ordinary criminals who have made outstanding achievements in reform or production have not been deducted from reform points for three consecutive months.
6. A prison may appropriately charge a fee for arranging prisoners to live with their spouses and have meals with their relatives, but the fee shall be lower than that under the same social conditions, and shall not be for profit with the approval of the local price department. The fees collected are set up separately and are mainly used to improve the study and living conditions of criminals.
Provisions on the Administration of Prisoners' Meeting Article 1 (Purpose Basis) In order to maintain the security and stability of prisons, safeguard the legitimate rights and interests of criminals according to law and standardize the administration of prisoners' meeting, these provisions are formulated in accordance with the Prison Law of People's Republic of China (PRC) and relevant state regulations, and in combination with the actual prison work in Shanghai.
Article 2 (Objects, Times and Times of Interviews) While serving his sentence in prison, a prisoner may meet his relatives and guardians, usually once a month 1 time, with no more than three people meeting each time.
Article 3 (Procedure, Place and Safety Inspection of Meeting) The prison shall set the date of meeting, and the meeting personnel must go through the meeting formalities with the meeting notice and their ID cards. When meeting for the first time, the interviewer must also bring a household registration book or a certificate of relationship with the interviewer issued by the local police station. All interviews with criminals are held at the meeting place designated by the prison. Interviewers must be checked by the police when they enter the meeting place.
Article 4 (Meeting without Meeting Sheet or Meeting on Non-Meeting Day) If the interviewee has no notice of meeting or requests to hold a meeting on Non-Meeting Day, the interviewee shall fill in the meeting application form and attach a copy of his ID card, and go through the meeting formalities after being approved by the matron. Criminals are not arranged to meet during holidays or non-working hours.
Article 5 (Mode of Meeting) Interviews with criminals shall be conducted by telephone. Ordinary meetings shall last no more than 30 minutes each time, and preferential meetings above Grade B (including Grade B) shall last no more than 60 minutes each time.
Article 6 (Meeting Deliverables) Criminals are generally not allowed to accept deliverables when meeting. Under special circumstances, it must be approved by the warden, and a special person shall be appointed to check and register. The cash handed over by the interviewer to the prisoner according to the regulations shall be handled by the prison police and deposited into the prisoner's own prison account.
Article 7 (Examination and Approval of Meeting in Special Situations) If the interviewer requests a second meeting in the current month or other personnel request a meeting, it must be examined by the prison area and reported to the warden for approval. Among them, those involving important criminals must be reported to the prison administration for approval.
Article 8 (Surveillance Video) Criminal conversations must be monitored in real time, and the recording period is 1 year.
Article 9 (Suspension of Meeting) During the meeting, the meeting shall be suspended under any of the following circumstances:
(1) delivering letters and articles without permission;
(2) disturbing the order of the meeting place;
(three) using argot, argot or non-prescribed language to talk without dissuasion;
(four) found carrying or using mobile phones, recording, photography, video equipment;
(five) other circumstances that affect prison safety and are not conducive to the reform of criminals.
Article 10 (Stop Meeting) Criminals shall stop meeting during the period of strict control, confinement, isolation examination and isolation treatment.
Article 11 (Civilized Measures) A prison shall set up a waiting room to arrange for prisoners' relatives and guardians to rest; Set up an article storage box to facilitate the relatives and guardians of criminals to store mobile phones and parcels; Set up an information desk to answer questions raised by relatives and guardians.
Article 12 (Scope of Application) Meeting with overseas criminals shall be implemented with reference to the regulations of the Ministry of Justice on meeting and communicating with overseas criminals.
Article 13 (Power of Interpretation) The power of interpretation of these Provisions belongs to the Prison Administration Department of Shanghai Prison Administration.
Article 14 (Execution Period) These Provisions shall come into force as of the date of issuance, and the Administrative Provisions on Meeting Criminals No.21issued by Shanghai Prison Administration shall be abolished at the same time.
Provisions on the Administration of Meeting with Criminals Article 1 In order to further standardize the lawyer meeting system and protect lawyers' practice rights according to law, these Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Opinions of the People's Procuratorate of the Supreme People's Procuratorate on Protecting Lawyers' Practice Rights according to law and relevant regulations, and combined with the judicial practice in this province.
Article 2 These Provisions shall apply to lawyers meeting with criminal suspects in custody during the procuratorial process.
Article 3 The People's Procuratorate shall protect lawyers' practice activities and the right to meet criminal suspects in custody according to law.
Article 4 When meeting a criminal suspect in custody, a lawyer shall abide by laws, regulations and their provisions on meeting, and abide by the lawyer's professional ethics and practice discipline.
Article 5 When a lawyer meets a criminal suspect in custody, there should be two people present, one of whom is an entrusted lawyer, and the other can be a lawyer, trainee lawyer or paralegal of our firm. Lawyers meet criminal suspects detained in different places, and the other party may be lawyers of other local law firms approved by the People's Procuratorate. If the people's procuratorate sends personnel to be present, the entrusted lawyer may also meet separately. Article 6 When a lawyer meets a criminal suspect in custody, he shall not bring his close relatives or other personnel to attend the meeting. Shall not deliver letters, currency and other articles prohibited by the security department for criminal suspects; Criminal suspects are not allowed to use mobile communication tools; Without the consent of the people's procuratorate and the criminal suspect in custody, it is not allowed to record, video or take photos of the meeting.
Article 7 The People's Procuratorate may, according to the circumstances of the case and the actual needs, decide whether to send personnel to be present when lawyers meet with cases directly put on file for investigation. When the dispatched personnel are present, they shall not interfere with the normal meeting of lawyers.
Article 8 The people's procuratorate shall arrange at least two interviews with the lawyer and the criminal suspect at the application of the case directly put on file for investigation during the period of custody in the investigation stage.
Article 9 A lawyer shall meet with a criminal suspect in custody in a supervision place.
Article 10 When a lawyer meets a criminal suspect in custody during the investigation stage, he shall present the following materials to the investigation department of the people's procuratorate:
Power of attorney of the criminal suspect or his relatives;
2) Lawyer's practice certificate, and one of the entourage can hold a trainee lawyer's certificate or a paralegal's work permit;
3) Letter from the law firm that the lawyer meets the criminal suspect in custody.
Article 11 The People's Procuratorate shall designate a special person in the specific case-handling department to be responsible for receiving the notice of meeting a lawyer and handling the matter of meeting a lawyer.
Article 12 A lawyer entrusted by a unit suspected of committing a crime may meet the directly responsible person in charge of the unit in custody or other persons involved in the case.
Article 13 If a lawyer requests to meet with a criminal suspect in a case that does not involve state secrets, he shall promptly notify the people's procuratorate so that the investigation department can adjust the time, send an official letter to the lawyer within 48 hours, and arrange the specific time for the meeting. ?
Article 14 When handling a case involving state secrets and asking to meet with a criminal suspect in custody, a lawyer shall fill out an Application for Meeting with a Criminal Suspect in Jia Cun. The people's procuratorate shall make a decision of approval or disapproval within 5 days after the lawyer files an application.
Fifteenth the entrusted lawyer is a close relative of the criminal suspect, and if he requests to meet the criminal suspect, he shall fill out the Application for Meeting the Criminal Suspect in Jia Cun. After receiving the application, the people's procuratorate shall make a decision on whether to approve it within 3 days and notify the applicant in writing.
Article 16 In the investigation stage of a case directly put on file by a people's procuratorate, a lawyer can know the following information about the case through the statement of the criminal suspect when meeting with the criminal suspect in custody:
(1) Basic information about the criminal suspect;
2) Whether the criminal suspect has committed or participated in the suspected crime;
(3) the criminal suspect's statement of the facts and circumstances of the case;
4) The criminal suspect's defense about his innocence and light crime;
5) Whether the legal procedures for compulsory measures are complete and legal;
(six) whether their personal rights and litigation rights have been violated after taking compulsory measures;
(seven) other information related to the case that needs to be understood.
Article 17 During the investigation stage of a case, a lawyer has the right to provide legal advice, accusation, appeal and apply for bail pending trial when meeting a criminal suspect in custody. The people's procuratorate shall make a decision on whether to agree or not within 5 days after the lawyer applies for bail pending trial.
Article 18 When the people's procuratorate goes through the formalities of lawyers meeting with criminal suspects in custody during the examination and prosecution stage, it shall provide lawyers with prosecution opinions and relevant legal procedures and case materials.
Article 19 If a lawyer complains that the case-handling department and the case-handling personnel of the People's Procuratorate illegally obstruct the lawyer's meeting according to law, it shall be accepted by the investigation and supervision department of the People's Procuratorate. The department in charge of examination shall inform the complainant in writing of the handling situation within 5 days after accepting the complaint; If the complainant refuses to accept the written opinions, he may report to the supervisory department of the people's procuratorate where the case-handling department is located or to the people's procuratorate at the next higher level.
Twentieth lawyers in violation of the law, practice discipline and relevant regulations during the meeting, the case handlers have the right to put forward dissuasion and warning on the spot; Those who do not listen to dissuasion and warning have the right to suspend the meeting. The people's procuratorate may inform the lawyers' association or the judicial administrative organ about the lawyers' violation of laws, practice disciplines and relevant regulations during the meeting. The lawyers association or the judicial administrative organ shall inform the people's procuratorate of the investigation and handling within one month.
Article 21 In the course of practicing law, if a lawyer is put on file for investigation on suspicion of a crime and needs to take compulsory arrest measures, he shall report to the provincial procuratorate for examination and approval, and notify the judicial administrative organ to which the law firm belongs.
Article 22 These Provisions shall come into force as of the date of promulgation. If this provision conflicts with the new provisions of the Supreme People's Procuratorate and the Ministry of Justice, the provisions of the Supreme People's Procuratorate and the Ministry of Justice shall prevail.
Jiangsu Provincial People's Procuratorate Jiangsu Provincial Department of Justice
20xx September 29th
Guess you like:
1. Inspirational articles for prisoners
2. What can't be done after criminal punishment?
3. Dedicated speech by the prison people's police
4. Top Ten Gangsters in the World Rankings
5.20 16 Report on Personal Integrity of Prison People's Police