How does the prison procuratorate safeguard the legitimate rights and interests of detainees after the implementation of the new criminal procedure law?

The new criminal procedure law explicitly writes "respect and protection of human rights" into Article 2 of the criminal procedure law. Although this is a declarative regulation, it has important guiding significance. This shows that the new criminal procedure law pays more attention to protecting the legitimate rights of detainees in criminal proceedings. First of all, it involves several main aspects of safeguarding the legitimate rights of detainees. The first is to improve the system of defense lawyers' right to meet. Paragraph 2 to paragraph 4 of Article 37 of the new Criminal Procedure Law stipulates that if a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance. When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants. This provision is conducive to protecting the right of defense and other litigation rights of criminal suspects and defendants. Second, it is clearly stipulated that criminal suspects and defendants should be sent to detention centers immediately after being detained or arrested, and investigators should interrogate criminal suspects in detention centers. The second paragraph of Article 83 of the new Criminal Procedure Law stipulates that after detention, the detained person shall be immediately sent to the detention center for custody, and no later than 24 hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately. The second paragraph of article 1 16 of the new criminal procedure law stipulates that the interrogation of criminal suspects must be conducted by investigators of people's procuratorates or public security organs. The third is to improve the right of detainees to apply for changing compulsory measures. Article 95 of the new Criminal Procedure Law stipulates that criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement. It is conducive to restricting the handling organs, reducing unnecessary detention and protecting the rights of criminal suspects and defendants. The fourth is to increase the audio and video recording system for interrogating criminal suspects. Article 12 1 of the new criminal procedure law stipulates that investigators may record or video the interrogation process when interrogating criminal suspects; For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation process shall be recorded or videotaped. This provision is not only conducive to fixing evidence, but also conducive to preventing investigators from extorting confessions by torture, inducing confessions and other illegal acts of obtaining evidence, and protecting the legitimate rights of criminal suspects. Fifth, it stipulates that one party has the right to appeal and sue for violations of his legitimate rights and interests such as extended detention. Article 1 15 of the new criminal procedure law stipulates that if the parties and their defenders, agents ad litem and interested parties commit any of the following acts against the judicial organs and their staff, they have the right to lodge a complaint or complaint with the organ that accepts the complaint or complaint, and the organ that accepts the complaint or complaint shall deal with it promptly. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it. Sixth, the protection of minors' rights has been strengthened. Article 269 stipulates that the application of arrest measures to juvenile criminal suspects and defendants is strictly restricted. When the people's procuratorate examines and approves the arrest and the people's court decides to arrest, it shall interrogate the juvenile criminal suspect and defendant and listen to the opinions of the defense lawyer. It is clear that minors and adults who are detained, arrested and punished should be held separately, managed separately and educated separately. The regulations strictly restrict the application of arrest measures to minors. The system of separate fees, fees and education shall be implemented for minors. Article 270 stipulates that the legal representatives of juvenile criminal suspects and defendants shall be notified to be present when interrogating and trying juvenile criminal cases. If it is impossible to notify, the legal representative cannot be present, or the legal representative commits a crime of * * *, other adult relatives of the juvenile suspect or defendant, and representatives of the school, unit, grass-roots organization or minor protection organization in the place of residence can also be notified to be present, and relevant information can be recorded. The legal representative present may exercise the litigation rights of juvenile criminal suspects and defendants on his behalf. The right of legal representatives to be present when minors are questioned and tried has been increased. Two, how to effectively safeguard the legitimate rights and interests of detainees in prison procuratorial departments to perform legal supervision. Procuratorial supervision plays an important role in safeguarding human rights and safeguarding the legitimate rights and interests of detainees. The degree of human rights protection of the supervised person reflects the state of human rights protection in a country and is an important embodiment of the concept of respecting and protecting human rights. How to effectively safeguard the legitimate rights and interests of detainees in the performance of legal supervision by prison procuratorial departments, the author believes that the following work should be done well. First, vigorously promote procuratorial disclosure. Openness of procuratorial work is an important way to protect detainees' right to know. The prison procuratorial department shall disclose the functions and powers of the people's procuratorate, the main responsibilities of the functional departments, the scope and standards of cases directly filed for investigation by the procuratorate, the time limit for handling cases, the discipline of prosecutors in handling cases, the rights and obligations of litigation participants, the common sense of reporting complaints, and the scope of procuratorial work of detention centers to detainees through appropriate means. At the same time, report boxes and procuratorial publicity columns are set up in the three major supervision places of the detention center and at the entrance of the detention center to receive reports and carry out legal publicity so that detainees can fully enjoy the right to know. The second is to improve the prosecutor interview system. It is an important way for prison departments to know the order of supervision places in time, and an effective means to find problems in time, correct illegal acts and safeguard the legitimate rights and interests of detainees. Therefore, the prison procuratorial department should vigorously promote the system of prosecutor appointment and procurator-general interview, provide legal advice to detainees and help solve life difficulties. In order to ensure that the appointment of prosecutors and the interview system of prosecutors are not a mere formality, the prison department should take favorable measures to ensure the smooth progress of the appointment system of prosecutors. The third is to prevent extended detention. Extended detention is a serious violation of the personal rights of detainees, which seriously undermines the seriousness of the law and violates the principles of fairness, justice and efficiency of criminal law. Therefore, preventing extended detention is an effective way to protect the legitimate rights and interests of detainees, and it is also an important way to maintain the system of supervision places and social stability. In terms of preventing extended detention, prison departments should add report boxes and procuratorial mailboxes in supervision places, improve the system of prompting the expiration of detention period and the system of accountability, narrow the distance between prosecutors and detainees, and extend the legal supervision channels in procuratorial supervision. The fourth is to ensure the safety of the production, living and learning places of detainees. Supervise the detention center to improve the system of food, medical care and health care for detainees, and regularly inspect canteens and prisons to ensure that meals are not deducted and infectious diseases are not prevalent. At the same time, attention should be paid to cracking down on "prison directors", and incidents of insulting, corporal punishment, ill-treatment and beating other detainees in detention centers should be strictly investigated and dealt with to ensure the personal safety of detainees. Author Zhang Yonghong, People's Procuratorate of Xinzhou District, Wuhan, Duan Wen, Liu Ming.