Normal death refers to natural death caused by human aging or disease.
Abnormal death refers to suicide death, or death caused by external reasons such as natural disasters, accidents, murders, corporal punishment and shootings. Article 3 The prisons, people's procuratorates and civil affairs departments shall be responsible for handling the death of criminals, strengthen cooperation and adhere to the principles of legality, justice, timeliness and humanity. Article 4 The People's Procuratorate shall exercise legal supervision over handling criminal death cases according to law. Article 5 After the death of a prisoner, the prison shall immediately notify the close relatives of the deceased prisoner, report to the prison management organ to which he belongs, and notify the people's procuratorate and the people's court that originally tried the case.
If a death criminal has no close relatives or cannot notify his close relatives, the prison shall notify the village (neighborhood) committee or the public security police station of the death criminal's domicile or place of residence. Article 6 After the death of a criminal, the prison and the people's procuratorate shall report to the Ministry of Justice and the Supreme People's Procuratorate respectively in accordance with relevant regulations. Article 7 After the death of a criminal, the prison shall immediately conduct the following investigations on the persons who have been preliminarily identified as normal deaths:
(1) To seal up and inspect the original surveillance video within fifteen days before the death of a criminal, and to protect, inspect and take photos and videos of the death scene;
(2) When necessary, criminals in the same cell can be detained and interrogated in different places or in different places;
(3) Inquiring and investigating the police and doctors who may know the situation of death criminals in custody, monitoring and discipline;
(4) sealing up and consulting accounts and records that may be related to death, such as custody registration, health examination registration in prison, conversation and education records of police officers, examination and approval forms for the use of confinement or restraint, medical records, etc.;
(5) registering and sealing up the relics of dead criminals;
(6) Examining the shape of the corpse and taking photos and videos of the corpse;
(7) Organizing the identification of the cause of death. Article 8 After a prison investigation is completed, it shall make an investigation conclusion, notify the people's procuratorate that undertakes procuratorial duties, and notify the close relatives of the dead criminals. The people's procuratorate shall examine the investigation conclusion of the prison and inform the prison of the examination result. Article 9 After receiving the death report of a prison criminal, the people's procuratorate shall immediately send personnel to the scene to carry out relevant work. In any of the following circumstances, the people's procuratorate shall conduct investigation:
(1) The criminal died abnormally;
(2) If the close relatives of a dead criminal have doubts about the investigation conclusion of the prison, they shall submit them to the people's procuratorate, which deems it necessary to conduct an investigation after examination;
(3) The people's procuratorate has any objection to the investigation conclusion of the prison;
(4) Other circumstances that the people's procuratorate deems necessary to investigate. Article 10 During the investigation by the people's procuratorate, the prison shall actively cooperate and provide convenient conditions. Article 11 After the investigation is completed, the people's procuratorate shall notify the prison and the close relatives of the dead criminals in writing of the investigation conclusion. Article 12 When a prison or people's procuratorate organizes an autopsy, it shall notify the close relatives of the deceased criminals to be present and sign or seal the notice of autopsy. There is no close relative of the deceased criminal or it is impossible to inform his close relative. If the close relative of the deceased criminal refuses to be present or refuses to sign or seal without justifiable reasons, it will not affect the autopsy. However, the prison or people's procuratorate shall indicate in the notice of autopsy that the whole autopsy process is videotaped and invite people irrelevant to the case or lawyers hired by the close relatives of the deceased to witness it. Thirteenth prisons and people's procuratorates entrust other institutions with judicial expertise to conduct autopsy, and shall solicit the opinions of the close relatives of the dead criminals; The prison and the people's procuratorate shall allow the close relatives of a dead criminal to entrust other institutions with judicial expertise to conduct autopsy. Article 14 If a prison or a close relative of a prisoner sentenced to death has any objection or doubt to the investigation conclusion of the people's procuratorate, he may, within three days after receiving the notice, request in writing the people's procuratorate that made the investigation conclusion for reconsideration. If a prison or a close relative of a dead criminal has any objection or doubt to the reconsideration conclusion of the people's procuratorate, he may submit a review to the people's procuratorate at the next higher level. The people's procuratorate shall promptly notify the prison and the close relatives of the dead criminals of the conclusions of reconsideration and review. Fifteenth appraisal fees shall be borne by the prison or the people's procuratorate that organizes the appraisal. If the close relatives of the deceased criminal request re-appraisal, and the re-appraisal opinions are consistent with the original appraisal opinions, the re-appraisal expenses shall be borne by the close relatives of the deceased criminal. Article 16 After the cause of death of a prisoner is determined, the prison shall issue a death certificate. Article 17 If a people's procuratorate or a close relative of a death criminal has no objection or doubts about the investigation conclusion of a prison, the prison shall cremate the corpse in time.
If a prison or a close relative of a dead criminal has no objection or doubt to the investigation conclusion or the conclusion of reconsideration or review by the people's procuratorate, the prison shall cremate the body in time. If, after review by the people's procuratorate at the next higher level, the close relatives of a dead criminal still refuse to cremate the body, the prison may cremate the body in accordance with the relevant provisions of the state.