The provincial reeducation through labor examination and approval office shall perform the following duties:
(a) responsible for investigating and studying the examination and approval of reeducation through labor in the province, summing up the experience and lessons in the work, supervising the law enforcement business, and regularly reporting to the provincial reeducation through labor management committee and the provincial public security department;
(two) to guide the reconsideration and litigation of reeducation through labor cases in the province;
(three) entrusted by the provincial reeducation through labor management committee to participate in administrative litigation activities. Article 3 The prefectural, state and municipal reeducation-through-labor management committees are composed of the heads of public security, justice, civil affairs, labor, finance, planning, education, health and other departments. The person in charge of political and legal work of the government (administrative office) is the director, the person in charge of the public security and judicial departments is the deputy director, and the person in charge of other departments is the member, leading and managing the work of reeducation through labor within their respective jurisdictions.
The prefectural, state and municipal reeducation-through-labor management committees set up reeducation-through-labor examination and approval offices in the public security departments and bureaus, with the public security department and the director as the director.
The state and municipal reeducation-through-labor examination and approval offices shall perform the following duties under the leadership of the reeducation-through-labor management committee:
(a) to undertake the examination and approval of reeducation through labor cases;
(2) Organizing the trial of reconsideration cases of reeducation through labor;
(three) entrusted by the reeducation through labor management committee to participate in administrative litigation activities.
Kunming, Kaiyuan Railway Public Security Department and Civil Aviation Public Security Department set up reeducation-through-labor examination and approval offices, entrusted by the provincial reeducation-through-labor management committee, and made specific measures for examination and approval, reconsideration and litigation of reeducation-through-labor cases within their respective jurisdictions. Article 4 The examination and approval of cases of reeducation through labor shall follow the following principles:
(a) based on facts and taking the law as the criterion;
(2) Combination of education and punishment;
(3) Protecting the lawful rights and interests of citizens according to law.
The investigation and evidence collection of reeducation through labor cases must be carried out in strict accordance with the relevant provisions of the Criminal Procedure Law, the procedures for handling criminal cases by public security organs and the Administrative Procedure Law. Article 5 Those who meet the conditions of reeducation through labor and need to be reeducated through labor shall be collated and verified by the county, municipal public security bureau, public security sub-bureau or public security organ equivalent to the county level, approved by the director or deputy director, and reported to the prefecture, state, city and the examination and approval authority for reeducation through labor for examination and decision.
Students sent to reeducation through labor should be strictly controlled. Article 6 A case of reeducation through labor shall meet the following conditions:
(a) meet the conditions stipulated by laws and regulations on reeducation through labor;
(two) the main facts of illegal crimes are clear and accurate;
(three) the basic evidence of the main illegal and criminal facts is conclusive;
(4) Whether the investigation and inspection activities are legal. Article 7 If the principal criminal of a criminal gang has been arrested and other members meet the requirements of reeducation through labor, they shall be rehabilitated through labor after the whole case is concluded. Other members of a criminal gang case whose principal has not been arrested can be given reeducation through labor in time if they meet the conditions of reeducation through labor; After the principal offender is arrested, if it is found that other members who have been sent to reeducation through labor have missed their crimes, they shall be investigated for their legal responsibilities in accordance with the provisions of 1984 "Several Issues Concerning the Implementation of Relevant Laws in Handling Criminal Cases of Criminals and Reeducation through Labor Personnel" issued by the Ministry of Education. Article 8 If the public security organ considers that the criminals whose arrest, non-prosecution and exemption from prosecution are not approved by the procuratorial organ meet the conditions of reeducation through labor, it shall attach a volume to the decision of the procuratorial organ and report it to reeducation through labor in accordance with the Provisions on Procedures of Public Security Organs for Handling Criminal Cases.
If a criminal exempted from criminal punishment by the judicial organ meets the conditions of reeducation through labor, the public security organ shall submit the relevant legal documents of the judicial organ to reeducation through labor. Ninth cases of reeducation through labor by the director of the reeducation through labor examination and approval office is responsible for organizing collective discussion and put forward examination and approval opinions. Decided to reeducation through labor, should make a "reeducation through labor decision"; Do not meet the conditions of reeducation through labor, should explain the reasons for returning to the original handling unit; If a crime should be arrested, opinions should be put forward and sent back to the reporting organ for criminal responsibility according to law.
If the county or city public security organ has any objection to the case, it may apply for reconsideration once, or it may supplement the materials before submitting it for examination and approval. Article 10 After accepting a case of reeducation through labor, the examination and approval organ of reeducation through labor shall make a decision within one month; If a person who has been submitted for reeducation through labor is detained in a detention center or detention center, a decision shall be made within ten days. Eleventh reeducation through labor decisions should focus on the facts of illegal crimes, the provisions of laws and regulations that determine reeducation through labor, the duration of the decision, the start and end dates, etc. , announced by the original case handling unit to the reeducation through labor, and announced the reeducation through labor reconsideration and litigation rights. The decision notice shall be signed by the reeducation-through-labor personnel. "Reeducation through labor decision" shall be announced within twenty-four hours after the notification of their families or units.
Those who approve the implementation of reeducation through labor (excluding those who suspend the implementation) shall be sent to the reeducation through labor place for implementation within one month.
The files of reeducation through labor shall be filed by the examination and approval authority.