Legal basis:
Article 9 of the Regulations on Detention Facilities: A detention facility shall timely detain a detained person according to the detention decision of the detention decision organ. If it is necessary to detain in a different place, the detention decision organ shall issue relevant legal documents and a written explanation of the need for detention in a different place, and shall be approved by the competent public security organ of the detention center in a different place.
Article 10 of the Regulations on Detention Facilities: When a detention facility accepts a detainee, it shall inform the detainee of the rights he enjoys according to law and the regulations he shall abide by. After the detention center receives the detainee, the detention decision organ shall promptly notify the detainee's family.
Extended data:
The Regulations of Detention Center is of great significance for implementing the constitutional principle of governing the country according to law, strengthening the construction of a government ruled by law, promoting the public security organs to standardize law enforcement, improving the law enforcement management level of detention centers, and safeguarding and safeguarding the legitimate rights and interests of detainees.
China's laws stipulate four kinds of detention: criminal detention, administrative detention, judicial custody and administrative compulsory detention.
Considering that administrative detention and judicial custody are punishment detention, which is different from detention with administrative compulsory measures, the regulations put detention with administrative compulsory measures in supplementary provisions, requiring that they be held separately from administrative detention and judicial custody personnel. The specific administrative measures authorize the public security department of the State Council to refer to the provisions of these regulations.
The main contents of the Ordinance are as follows:
1. Through the form of administrative regulations, the establishment and guarantee of detention centers have been clarified, and the basic and supporting problems that have plagued the work of detention centers for a long time have been solved.
2. Improve the duty system of detention center. This regulation brings all detainees, judicial detainees and administrative compulsory measures into the detention center, and improves the relevant regulations on the management of detainees.
3. Determine the basic work specifications. The regulations comprehensively stipulate all aspects of law enforcement management such as detention, safety inspection, duty inspection, emergency treatment, health, education, vacation, detention relief, etc. These regulations are a summary of the good practices and experiences of detention center management for a long time, and are the concrete embodiment of the new requirements of public security prison management in the new period and situation.
4. It emphasizes the protection of the legitimate rights and interests of detainees. Adhering to the people-oriented principle and safeguarding the legitimate rights and interests of detainees is a basic principle of this Ordinance. The specific provisions of this principle fully reflect the constitutional spirit of respecting and protecting human rights, the purpose of public security organs to enforce the law for citizens, and respond to the people's expectations for the management of public security prisons.
References:
Baidu Encyclopedia-Detention Center Regulations