When a detention center detains a detainee, it shall inspect the person and articles carried by the detainee. Non-daily necessities and cash of detainees are registered by the detention center and kept in a unified way.
The contraband and other articles related to the case found in the inspection shall be handed over to the detention decision organ for handling according to law.
Extended data:
Fourteenth detention centers should establish a patrol system on duty and an emergency mechanism. Patrol personnel on duty should strictly observe their posts, report problems in time and handle them properly.
Detention centers should install surveillance video equipment to monitor the safety of detainees.
Fifteenth detention centers should be detained and managed according to the sex, adulthood and other management needs of detainees.
The direct management of female detainees should be carried out by the female people's police.
Article 16 A detention center shall establish archives for the management of detainees.
Article 17 A detention center shall provide detainees with food and drink according to the prescribed standards, and respect the national eating habits of detainees.
Eighteenth detention centers should establish a medical and epidemic prevention system, and do a good job in disease prevention, epidemic prevention and treatment.
The detention center shall promptly treat the sick detainees. Detainees who need to leave the detention center for treatment shall be approved by the director of the detention center and handed over to the people's police for management; If the detainees suffering from infectious diseases need isolation treatment, the detention center shall take isolation treatment measures.
If a detainee is seriously ill, the detention center shall immediately take emergency measures and notify the relatives of the detainee.
Nineteenth detention center found that detainees have one of the following circumstances, it shall recommend the detention decision-making organ to make a decision to stop the execution of detention:
(a) suffering from mental illness or infectious diseases need isolation treatment;
(2) Serious illness may endanger life safety.
Article 20 The daily necessities provided to detainees during detention shall be counted and registered by the detention center and then transferred to the detainees. Non-necessities of life will not be accepted by the detention center.
Article 21 A detention center shall provide legal and moral education to detainees and organize detainees to carry out appropriate cultural and sports activities.
The detention center shall ensure that the detainees have no less than 2 hours of outdoor activities every day.
Detention centers shall not force detainees to engage in productive labor.
Twenty-second detainees report and expose illegal and criminal acts, which are verified by investigation, or detainees stop illegal and criminal acts, the detention center shall commend them.
Twenty-third detainees have one of the following illegal acts, the detention center can be admonished, ordered to make a statement of repentance or use police equipment:
(a) making trouble and fighting;
(2) Beating or bullying others;
(3) Deliberately damaging the property of the detention center or other people's property;
(4) premeditated or implemented escape;
(five) other serious violations of management.
The use of police equipment by the people's police in a detention center shall be approved by the director of the detention center and abide by the provisions of relevant laws and administrative regulations.
Article 24 If a detainee is suspected of a new crime while in custody, the detention center shall report it to the competent public security organ of the detention center for handling; If the detention center finds that the detained person is suspected of other crimes before detention, it shall notify the detention decision organ or report to the competent public security organ of the detention center for handling.
Twenty-fifth detention centers guarantee the communication rights of detainees during their detention, and the communication between detainees and others is not subject to inspection or seizure. Detainees shall abide by the communication management regulations of detention centers.
Article 26 A detention center guarantees the right of detainees to meet during their detention. Detainees shall abide by the regulations on the meeting management of detention centers.
Meeting with detainees shall be conducted at the meeting area of the detention center within the specified time with valid identity documents.
When the lawyer entrusted by the detainee meets with the detainee, he shall also hold a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid.
Twenty-seventh detainees in case of taking entrance examinations, giving birth to children or the death of their close relatives, the detainees or their close relatives may apply for leave.
The application for leave to the detention center shall be reviewed by the detention center and reported to the detention decision authority for approval. The detention decision-making organ shall make a decision on whether to leave the detention center within 12 hours after the detainee or his close relatives apply.
The time when the detainee leaves the residence is not included in the detention period.
Twenty-eighth detainees or their close relatives who apply for leave shall submit a guarantor or pay a deposit to the detention decision organ. The management of the guarantor and the deposit shall be implemented in accordance with the relevant provisions of the Law of People's Republic of China (PRC) Municipality on Public Security Administration Punishment.
If a detainee leaves home, the detention decision-making organ shall be responsible for bringing him back to the detention center for detention.
Twenty-ninth detainees report or complain, apply for administrative reconsideration, bring an administrative lawsuit or apply for suspension of detention, the detention center shall transfer the relevant materials to the relevant authorities within 24 hours, and shall not be inspected or detained.
Disciplinary detention
Refers to the most severe punishment given to the general illegal acts in violation of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, which is a kind of administrative punishment. The longest period of public security detention is 15 days (release at the expiration of the period shall be decided by the public security organ and executed in the administrative detention center; If you are not satisfied with the detention, you may bring an administrative reconsideration or administrative lawsuit). The time limit for combined execution of detention shall not exceed twenty days.
judicial custody
One refers to the activities that hinder litigation in the process of civil and administrative litigation or court execution (such as perjury, attacking the court, preventing witnesses from testifying, concealing the transfer of seized or detained property, preventing court staff from performing official duties and evading execution).
The detention decision made directly by the people's court is a compulsory measure, which is based on the Civil Procedure Law or the Administrative Procedure Law. The maximum time limit is fifteen days. The court will hand over the detainees to the public security organs for custody. If you are not satisfied, you can apply to the court for reconsideration. During the detention, the court will decide to explain in advance or release at maturity.
There is another kind in judicial custody: Article 134 of the General Principles of the Civil Law stipulates that when trying a civil case, the people's court may admonish it, order it to make a statement of repentance, confiscate the property and illegal income of illegal activities, and may impose fines and detention according to law.
It can be seen that the detention stipulated in the General Principles of the Civil Law is a kind of punishment that the people's court imposes short-term restrictions on the personal freedom of the perpetrators who seriously violate civil legal norms in the name of the state. This is the most severe punishment in civil sanctions.
criminal detention
Refers to the temporary compulsory measures taken by public security organs or people's procuratorates against active criminals or major criminal suspects in the investigation of criminal cases. The public security organ shall interrogate the detained person within 24 hours after detention. If the detainee is approved for arrest, he will be tried according to the Criminal Procedure Law, and criminal detention is not a punishment or sanction. If later acquitted, the detainee can apply for state compensation.
According to Article 6 1 Detention Conditions of the Criminal Procedure Law, the public security organ may detain a flagrante delicto or a major suspect in advance under any of the following circumstances:
(a) preparing for a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) Evidence of a crime is found around or at the residence;
(4) attempted suicide, escaped or escaped after committing a crime;
5] likely to destroy, forge evidence or collude with others;
(six) do not tell the real name and address, and the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
The conditions for the people's procuratorate to decide on detention are:
1, attempted suicide, fled or escaped after committing the crime;
2. It is possible to destroy, forge evidence or collude with others.
After the people's procuratorate decides to detain, it shall be executed by the public security organ.
The maximum period of criminal detention is 30 days.
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