Regulations on Supervision of baishan city Detention Center

Decree No.52 of the State Council, People's Republic of China1March, 19901July, the State Council, People's Republic of China was promulgated and shall come into force as of the date of promulgation. Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and other relevant laws in order to ensure the smooth progress of criminal proceedings. Article 2 A detention center is an organ for detaining criminals who have been arrested and detained according to law. A criminal sentenced to fixed-term imprisonment of not more than one year, or a criminal whose remaining sentence is not more than one year, may also be supervised by a detention center. Article 3 The task of a detention center is to put detainees on armed alert in accordance with national laws to ensure their safety. Educate offenders; Manage the life and health of criminals; Ensure the smooth progress of investigation, prosecution and trial. Article 4 To supervise detainees in detention centers, we must adhere to the principle of combining strict vigilance with education, and adhere to legal management, strict management, scientific management and civilized management to protect the legitimate rights and interests of detainees. Beating, scolding, corporal punishment and maltreatment of criminals are strictly prohibited. Article 5 Guardians shall be established in administrative areas at or above the county level and shall be under the jurisdiction of public security organs at the same level. The national security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government may set up detention centers as needed. Railway, transportation, forestry, civil aviation and other systems are equivalent to public security organs at or above the county level, and detention centers can be set up. Article 6 A detention center shall have one director and one or two deputy directors. According to the needs of the work, it is equipped with a number of security, discipline, medical, accounting, cooking and other staff. Detention centers should be equipped with female staff to manage female criminals. Article 7 The Chinese People's Armed Police Force (hereinafter referred to as the Armed Police Force) is responsible for the armed vigilance and escort of detainees in detention centers. The detention center provides operational guidance to the armed forces performing their duties. Article 8 The supervision activities of detention centers are subject to the legal supervision of the people's procuratorates. The second chapter of this paragraph is edited for the detention of prisoners. Article 9 A criminal shall be detained in a detention center with an arrest warrant, a certificate of criminal detention issued by a public security organ or a state security organ at or above the county level, or a certificate of arrest and release from custody issued by a public security organ, a state security organ, a prison, a labor reform institution, a people's court or a people's procuratorate at or above the county level. If there is no such certificate, or the record of the certificate is inconsistent with the actual situation, it will not be taken into custody. Article 10 Criminals detained in detention centers shall undergo health examination, and shall not be detained under any of the following circumstances: (1) Persons suffering from mental illness or acute infectious diseases; (2) Suffering from other serious diseases, who may be life-threatening or unable to take care of themselves during detention, except those who are extremely guilty and endanger society; (3) Women who are pregnant or breast-feeding babies under one year old. Article 11 A detention center shall strictly check the person and articles carried by prisoners. Non-daily necessities shall be registered, kept on their behalf, counted and returned when they are discharged from prison or transferred to prison or reform-through-labour institutions. Prohibited items should be confiscated. When criminal evidence and suspicious items are found, they shall be recorded on the spot, signed by the criminal, fingerprinted and sent to the competent authority for handling. The physical examination of female criminals should be carried out by female staff. Article 12 Criminals and prisoners shall establish files. Article 13 A prisoner in custody shall be informed of the surveillance he must observe and the legitimate rights and interests he enjoys during his detention. Article 14 Male and female criminals, adult criminals and juvenile criminals, accomplices and other criminals who need to be held separately shall be held separately. Article 15 If the investigation by the public security organ or the state security organ ends and the people's procuratorate decides to take the criminals into custody, and if the people's procuratorate examines or the investigation ends, the people's court decides to take the criminals into custody, they shall be handed over one after another, go through the formalities for changing their custody, and notify the detention center in writing. Chapter III Vigilance and Guarding Article 16 A detention center implements a 24-hour duty system. The personnel on duty should stick to their posts and patrol the prison at any time. Article 17. Prisoners sentenced to death but not yet executed must wear extra equipment. With the approval of the director of the detention center, prisoners who have facts that indicate that they may commit crimes, riots, escape or commit suicide may use mechanical equipment. In case of emergency, you can use it first and then report to the director of the detention center. After the above situation is eliminated, it shall be lifted. Article 18 Under any of the following circumstances, guards and armed police may shoot in accordance with the relevant regulations if other measures cannot be taken to stop it: (1) Criminals escape from prison or gather people to make trouble; (2) refusing to escape or resisting pursuit. (3) hijacking a criminal; (4) Criminals are in possession of controlled knives or other dangerous goods and are committing crimes or destroying these goods; (five) the implementation of violence, threatening the life safety of guards and armed police. When it is necessary to shoot, except in a special emergency, fire a warning shot first, and offenders should stop shooting immediately if they are afraid of taking clothes. After shooting, the scene shall be protected and immediately reported to the competent public security organ and the people's procuratorate. The fourth chapter of this paragraph is about arraignment and escort editing. Article 19 When summoning a prisoner, the public security organ, the state security organ, the people's procuratorate and the people's court must hold a summons card or produce a summons. There shall be no fewer than two people. If it does not conform to the provisions of the preceding paragraph, the detention center shall refuse to arraign the case. Article 20 After interrogating a criminal, the person in charge shall immediately hand him over to the guard on duty for custody, and take back the remand card or the remand ticket. Twenty-first escort personnel on the way to escort prisoners, must be closely guarded to prevent accidents. Weapons can be used for prisoners being escorted. When escorting female criminals, the female staff shall be responsible for the life management on the way. Edit Chapter V Life and Hygiene of this paragraph Article 22 The prison room shall be ventilated and lighted, which can prevent moisture, heatstroke and cold. Detention centers should regularly inspect the cells, maintain them in time and prevent fires and other natural disasters. The living area of a prisoner shall not affect his daily life. Twenty-third prisoners in custody during the food supply according to the prescribed standards, it is strictly prohibited to divide, misappropriate. Ethnic minority criminals and foreign criminals should be taken into account and given proper care in their lives. Article 24 Criminals should bring their own clothes and bedding. If you really can't bring it with you, it will be provided by the detention center. Article 25 Criminals should have necessary sleep time and one to two hours of outdoor activities every day. A detention center shall establish an epidemic prevention and health system for criminals. Twenty-sixth detention centers should be equipped with necessary medical devices and commonly used drugs. If a person is ill, he should get timely treatment; Need to go to the hospital for treatment, the local hospital should be responsible for treatment; If the condition is serious, he may be released on bail pending trial according to law. Article 27 If a criminal dies in custody, he shall immediately report it to the people's procuratorate and the case-handling organ, and the forensic doctor or doctor shall make an appraisal of the cause of death and notify the family of the deceased. Chapter VI Meeting and Correspondence Article 28 A criminal may, with the consent of the case-handling organ and the approval of the public security organ, communicate and meet with his near relatives during his detention. Article 29 If a close relative of a criminal is seriously ill or dies, he shall promptly notify the criminal. When a prisoner's spouse, parents or children are critically ill, except for those who are seriously ill, with the consent of the case-handling organ and the approval of the public security organ, prisoners are allowed to visit at home under strict supervision. Article 30 prison guards must inspect articles given to prisoners by their close relatives. Article 31 A detention center, entrusted by the case-handling organ, may inspect the letters sent and received by criminals. Anyone who is found to obstruct investigation, prosecution or trial may be detained and transferred to the case-handling organ for handling. Article 32 In a case where a people's procuratorate decides to initiate a public prosecution, a prisoner in custody may, after receiving a copy of the indictment, meet and correspond with a defender entrusted by himself or a defender designated by the people's court. Chapter VII Education, Reward and Punishment Article 33 A detention center shall provide prisoners with legal education, moral education, necessary education and labor education. Article 34 On the premise of ensuring safety and not affecting criminal proceedings, the detention center may organize criminals to carry out appropriate labor. Accounts should be established and strict procedures should be followed for prisoners' labor income and expenditure. Article 35 Criminals who observe supervision and perform well during supervision shall be commended and encouraged. Those who have rendered meritorious service shall be reported to the case-handling organ for leniency according to law. Thirty-sixth detention centers can give warnings or admonitions to criminals who violate supervision; If the circumstances are serious, those who do not change after education may be ordered to make a statement of repentance or confinement with the approval of the director of the detention center. Article 37 If a criminal commits a crime while in custody, the detention center shall promptly notify the case-handling organ to handle it according to law. Edit Chapter VIII of this paragraph Article 38 For criminals sentenced to death with a two-year suspension of execution, life imprisonment, fixed-term imprisonment, criminal detention or public surveillance, the detention center shall go through the formalities of leaving prison according to the execution notice and judgment of the people's court. Article 39 For a person released according to law, the detention center shall go through the release procedures according to the release notice of the people's court, the people's procuratorate, the public security organ or the state security organ. Release the detainees and issue a release certificate. Fortieth of the sentenced to reeducation through labor and transferred to other places for custody, the detention center shall go through the formalities according to the documents of the relevant competent authorities. Chapter IX Procuratorial Supervision Article 41 A detention center shall educate its staff to strictly enforce the law and observe discipline, and report the supervision activities to the people's procuratorate. Forty-second detention centers should seriously study and deal with violations proposed by the people's procuratorates in a timely manner, and inform the people's procuratorates of the results. Editing other provisions in Chapter X of this paragraph Article 43 If the legal detention period of a criminal is about to expire and the case has not been concluded, the detention center shall promptly notify the case-handling organ to conclude it quickly. Anyone who exceeds the legal detention period shall report the situation to the people's procuratorate. Forty-fourth detainees who have not decided by the people's procuratorate or the people's court to stop exercising their voting rights are allowed to participate in the election of deputies to the people's congresses below the county level. Article 45 If a detention center discovers that a criminal has been wrongly detained, arrested or sentenced during his detention, it shall promptly notify the case-handling organ for verification and handle it according to law. Forty-sixth detention centers shall promptly hand over the above-mentioned documents and complaints of criminals, and shall not obstruct or detain them. Materials that criminals expose and accuse judicial personnel of illegal acts shall be submitted to the people's procuratorate in a timely manner. Chapter XI Supplementary Provisions of this paragraph Article 47 A detention center shall supervise criminals and implement the relevant laws and regulations on the administration of criminals. Forty-eighth detention center repair costs and prisoners' food expenses shall be budgeted and allocated by financial departments at all levels according to their affiliation. The expenses of the detention center shall be accounted for separately and used for special purposes. Newly built and relocated detention centers should be incorporated into urban construction planning and capital construction projects. Article 49 The term "above and below" as mentioned in these Regulations includes this number and the corresponding level. Article 50 The Ministry of Public Security shall be responsible for the interpretation of these Regulations, and the implementation measures shall be formulated by the Ministry of Public Security. Article 51 The People's Liberation Army of China may, according to the specific conditions of military detention centers, formulate other implementation measures. Article 52 These Regulations shall come into force as of the date of promulgation, and the provisions on detention centers in the Regulations on Labor Reform in People's Republic of China (PRC) issued by the State Council on September 7, 954 shall be abolished immediately.