The Chinese People's **** and State Supervision Law
Article 41 The supervisory organs below the provincial level to take retention measures, shall be the supervisory organs of the leadership of the collective study of the decision, reported to the higher level of the supervisory organs for approval. The decision of a provincial-level supervisory organ to adopt detention measures shall be reported to the Chinese People's **** and State Supervision Commission for the record. After taking detention measures, in addition to hindering the investigation, shall, within twenty-four hours, notify the detained person's unit or family.
When the supervisory organ takes detention measures, it may, according to the needs of the work, request the public security organs to cooperate. The public security organs shall be assisted in accordance with the law.
The supervisory organs shall ensure that the detained person's diet and rest, and provide medical services. Interrogation of detained persons shall be reasonable arrangements for the time and length of interrogation, interrogation transcripts by the interrogated person to read and sign.
The period of detention shall not exceed three months. In special circumstances, the supervisory organ that decides to take the measure of retention shall report to the supervisory organ at the next higher level for approval and may extend the period for one time, which shall not exceed three months.
The detained person suspected of a crime transferred to the judicial organs, was sentenced to control, detention and fixed-term imprisonment, the detention period should be offset against the sentence. One day of detention shall be offset against two days of control, and against one day of detention and fixed-term imprisonment.
The main purpose of this article is to regulate the investigation and evidence collection work of the supervisory organs during the period of detention, to promote the standardization of detention measures, the rule of law, and to safeguard the legitimate rights and interests of the detainee. With regard to the rights of the detained person during the retention guarantee. We believe that the supervision law compared with the criminal procedure law, there are three major obvious progress in the protection of rights: First, detention than the period of investigation and detention is greatly shortened.
The maximum period of detention is six months, while the period of investigation and detention for a single crime can be up to seven months, and the discovery of omissions can be recalculated according to the period of investigation, and in the practice of criminal procedure on the restriction of personal liberty may reach more than 20 months. Secondly, the conditions of detention have greatly improved.
According to the practice of the pilot provinces and municipalities in the reform of the state supervision system, the detainees are generally arranged to live alone, not on the restraints, with standardized detention rooms, medical care and dietary and living safeguards. In contrast, in the current criminal proceedings, in principle, mixed detention is adopted, and can be on the precepts. Third, the supervision measures for handling cases are more complete.
The supervision law stipulates that when investigators conduct interrogations and important evidence collection work such as searches, seizures and detentions, the entire process should be audio-video recorded and retained for examination. Article 121 of the Criminal Procedure Law provides that the interrogation process "may" be audio-visually recorded, and only in major cases where a sentence of life imprisonment or the death penalty may be imposed is it stipulated that audio-visual recordings "shall" be made.
This article is divided into three paragraphs. The first paragraph provides for the notification of the detainee's unit and family. After the detention measure is taken, the detainee loses contact with the outside world, and if the supervisory organ does not notify the detainee's unit and family, they may mistakenly think that the detainee has disappeared or died, giving rise to unnecessary speculation; therefore, except for cases where notification would impede the investigation, the supervisory organ shall, within twenty-four hours after the detention measure is taken, notify the detainee's unit and family. Notification is the principle; non-notification is the exception. After the disappearance of the circumstances that impede the investigation, the supervisory organ shall immediately notify the unit and family of the detainee.
"Impede the investigation", mainly refers to the notification may occur after the destruction, falsification of evidence, interference with witnesses testifying or collusion, such as being investigated by the detained person of the news spread out, may cause other co-conspirators to escape, suicide, destruction or falsification of evidence; detained person's family members are implicated in the crime, notification may cause the transfer, concealment and destruction of incriminating evidence.
The second paragraph provides for the safeguarding of the rights of the detained person. During the period of detention, the supervisory organs shall guarantee the detained person's diet, rest and safety, and if he suffers from illness or is unwell, he shall be provided with medical services in a timely manner, which not only protects the detained person's legitimate rights and interests, but also helps to ensure that the investigation work is carried out smoothly.
Interrogation of detainees should be reasonable arrangements for interrogation time and duration, in general, the interrogation time should be arranged as far as possible during the day or night before twelve o'clock, the interrogation shall not be too long. Investigators interrogating the detained person, should make a transcript of the interrogation, if necessary, can also let the detained person handwritten confession, the interrogation transcript should be read by the detained person to sign, in order to ensure the authenticity of the transcript.
The third paragraph provides for the offsetting of the sentence. According to the provisions of articles 41, 44 and 47 of the criminal law, detention before the execution of the sentence, detention of one day to offset the sentence of control of two days, offset detention, fixed-term imprisonment of one day. In light of the spirit of the above provisions, the period of detention of the detainee should also be offset against the term of imprisonment. Specific offsetting rules are, suspected of criminal detainees transferred to the judicial organs, was sentenced to control, detention or fixed-term imprisonment, the detention of one day against the control of two days of imprisonment, detention, fixed-term imprisonment, one day of imprisonment.