What is the content of the public security organ's implementation of the Regulations on Designated Residential Surveillance?

Provisions of the People's Procuratorate on Residential Surveillance in Designated Houses Chapter I General Provisions Article 1 In order to strengthen and standardize the supervision of the People's Procuratorate on the decision and implementation of residential surveillance in designated houses, these Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and the actual procuratorial work. Article 2 Where a public security organ, a people's procuratorate or a people's court applies residential surveillance at a designated residence to a criminal suspect or defendant, the people's procuratorate shall supervise the legality of the decision and implementation of residential surveillance at a designated residence according to law. Article 3 The investigation and supervision department and the public prosecution department of the People's Procuratorate shall be responsible for supervising the decision on residential surveillance at designated residences. The supervision of residential surveillance at designated residences shall be the responsibility of the criminal execution procuratorial department of the people's procuratorate. Article 4 The designated residence shall have normal living and rest conditions and be separated from the trial site; Install monitoring equipment to facilitate monitoring and management; There are safety precautions to ensure the safety of handling cases. Chapter II Supervision over the Decision of Residential Surveillance at Designated Residence Article 5 If a public security organ decides to residential surveillance at a designated residence for a criminal suspect who has no fixed residence, the investigation and supervision department of the people's procuratorate at the same level shall supervise the legality of the decision according to law. If the public security organ at a higher level approves the decision to monitor the residence of a criminal suspect suspected of endangering national security or terrorist activities, the investigation and supervision department of the people's procuratorate at the same level of the public security organ that made the approval decision shall supervise the legality of the decision according to law. Article 6 If a people's procuratorate decides to place a criminal suspect without a fixed residence under residential surveillance, the investigation and supervision department of the people's procuratorate at a higher level shall supervise the legality of the decision according to law. If the people's procuratorate at a higher level approves the decision to monitor the residence of a criminal suspect suspected of a particularly serious bribery crime, the investigation and supervision department of the people's procuratorate that made the approval decision shall supervise the legality of the decision according to law. Article 7 Under any of the following circumstances, the people's procuratorate shall start to supervise whether the decision to monitor residence at designated residence is legal: (1) The criminal suspect and his legal representative, close relatives or defenders think that the decision to monitor residence at designated residence is illegal and file a complaint, report or appeal with the people's procuratorate; (2) The people's procuratorate, through intervening in investigation, examining and arresting, examining and prosecuting, executing criminal prosecution, and filing a case for examination, finds that the decision made by the investigation organ (department) to monitor residence at designated residence may be illegal; (three) the people's supervisor believes that the decision to monitor the residence at the designated residence is illegal and puts forward supervision opinions to the people's procuratorate; (4) Other circumstances under which supervision should be initiated. Article 8 If a people's procuratorate decides to place a criminal suspect without a fixed residence under residential surveillance, the investigation department shall, within three days, submit the legal documents such as the decision to file a case, the decision to place a criminal suspect under residential surveillance, and a copy of the main evidence to the investigation and supervision department of the people's procuratorate at the next higher level. If a particularly serious bribery suspect is placed under residential surveillance at a designated residence, the investigation department of the people's procuratorate that made the approval decision shall send a copy of the above materials to the investigation and supervision department of our hospital within three days. The people's procuratorate may require the public security organ to provide the above materials when supervising the public security organ to make a decision to monitor the residence at the designated residence. Article 9 The People's Procuratorate may supervise the decision of residential surveillance in designated residences in the following ways: (1) Consult relevant case materials; (two) listen to the reasons and factual basis for the decision of the investigation organ (department) to monitor the residence at the designated residence; (3) Listening to the opinions of criminal suspects and their legal representatives, close relatives or defenders; (4) Other methods. Article 10 The People's Procuratorate shall examine whether the decision on residential surveillance at designated residence is legal, and further examine whether the decision meets the conditions for residential surveillance at designated residence as stipulated in Article 72 and Paragraph 3 of Article 69 of the Criminal Procedure Law, and whether it meets the following conditions: (1) The criminal suspect has no fixed residence in the city or county where the case-handling organ is located; (2) A criminal suspect suspected of crimes endangering national security, terrorist activities or especially serious bribery, who, with the approval of the public security organ at a higher level or the people's procuratorate, designates a residence for residential surveillance, and the residential surveillance hinders the investigation. Article 11 The investigation and supervision department of the people's procuratorate shall make a decision within seven days after the start of supervision, and examine whether the decision to monitor the residence at the designated residence is legal. Article 12 If, after examination, the people's procuratorate considers that the designated residential surveillance by the public security organ does not meet the statutory requirements, it shall report to the public security organ for approval, issue a notice to correct the violation, and suggest that the public security organ cancel the decision to designate residential surveillance. If the court or the people's procuratorate at a lower level decides that the designated residence for residential surveillance does not meet the statutory requirements, the investigation and supervision department of the people's procuratorate shall notify the court or the investigation department of the people's procuratorate at a lower level to cancel the decision of residential surveillance. If the people's procuratorate at the next lower level is notified to cancel the decision of residential surveillance at the designated residence, it shall notify the investigation department of our hospital. Thirteenth people's procuratorates at lower levels shall immediately implement the rectification opinions of the people's procuratorates at higher levels and report the implementation to the investigation and supervision departments of the people's procuratorates at higher levels. If the people's procuratorate at a lower level thinks that the people's procuratorate at a higher level has made mistakes in correcting the decision on residential surveillance at the designated residence, it may report to the people's procuratorate at a higher level for re-examination within three days after receiving the correction opinions. The people's procuratorate at the next higher level shall appoint another prosecutor for examination and make a decision on whether to replace it within five days. Article 14 The supervision of the decision made by the people's procuratorate to monitor the residence at the designated residence in the process of examination and prosecution shall be implemented by the investigation and supervision department of our hospital in accordance with these provisions. The supervision of the people's court's decision to monitor residence shall be implemented by the public prosecution department of the people's procuratorate at the same level in accordance with these provisions. Chapter III Supervision over the Execution of Residential Surveillance in Designated Houses Article 15 The criminal execution procuratorial department of the people's procuratorate at the same level of the public security organ that executes residential surveillance shall be responsible for the supervision over the execution of residential surveillance in designated houses. Article 16 The people's procuratorate shall supervise the implementation of residential surveillance in designated residences, which shall include the following contents: (1) Whether the legal documents such as the decision on residential surveillance in designated residences and the notice of implementation are complete; (two) whether the place, time limit and personnel of the execution are in compliance with the provisions; (three) whether the legitimate rights of the residents under surveillance are guaranteed; (four) whether there are any illegal acts such as interrogation, corporal punishment and abuse of the residents under surveillance in the designated residence; (5) Other contents that should be supervised according to law. Article 17 The People's Procuratorate may supervise the execution of residential surveillance at designated residences in the following ways: (1) Consult the relevant legal documents and materials such as the conversation, communication, going out and medical examination records of the residents under surveillance; (two) on-site inspection of the designated residence is in compliance with the law; (three) access to relevant surveillance videos and other materials, and check the body surface of the monitored residents when necessary; (four) talk with the residents under surveillance, law enforcement officers, case handlers or other relevant personnel, and investigate and understand the relevant situation. Article 18 The case management department of the people's procuratorate shall, after receiving the decision of the public security organ and the people's court to monitor residence, transfer it to the criminal execution procuratorial department of our hospital within 24 hours. If the investigation department and the public prosecution department of the people's procuratorate make a decision on residential surveillance in the name of the hospital, they shall send a copy of the decision on residential surveillance to the criminal execution procuratorial department within 24 hours and inform them of the address of their designated residence. Article 19 The criminal execution procuratorial department of the People's Procuratorate shall, within 24 hours after receiving the decision on residential surveillance at the designated residence, assign procuratorial personnel to conduct on-site inspection and fill in the supervision and inspection records. The implementation activities of residential surveillance at designated residences shall be patrolled at least once a week, with at least two prosecutors. When suing a designated residence to monitor residential execution activities, it shall not interfere with the normal investigation and handling of the case. Article 20 When a people's procuratorate conducts supervision over residential surveillance at a designated residence, it shall, if it finds any of the following circumstances, put forward rectification opinions to the executing organ or the case-handling organ according to law: (1) The executing organ fails to send personnel to execute the decision on residential surveillance at a designated residence or fails to send personnel to execute it in time after receiving it; (two) after the implementation of residential surveillance in the designated residence, the family members of the residential surveillance are not notified within 24 hours, except for those who cannot be notified; (3) Performing residential surveillance in a detention center, detention center, prison, detention room, case handling area or other places that do not meet the requirements of designated residence; (four) in violation of the provisions of the defense lawyers to meet and communicate with the residents under surveillance, or illegally restrict the residents under surveillance to meet and communicate with the defense lawyers; (5) When the litigation stage changes, the new case-handling organ shall make a new decision on residential surveillance at the designated residence according to law, but fails to make it in time; (6) The case-handling organ decides to cancel or change the residential surveillance at the designated residence and notifies the executing organ, but the executing organ fails to cancel the residential surveillance in time and notify the residential surveillance; (seven) to require the residents living under surveillance or their families to pay the fees; (8) Other illegal circumstances. If the criminal execution procuratorial department of the people's procuratorate finds that the investigation department and the public prosecution department of our hospital have one of the above circumstances, it shall report to the chief procurator for approval and put forward rectification opinions. Article 21 When the criminal execution procuratorial department of the people's procuratorate finds that there are problems such as irregular law enforcement and potential safety hazards in the execution of residential surveillance at designated residences, it shall, with the approval of the procurator-general, put forward procuratorial suggestions to the execution organ or the case-handling organ. Twenty-second issued a notice to correct violations or procuratorial proposals, should be copied to the people's procuratorate at the next higher level, and copied to the executing organ or the organ at the next higher level of the case handling organ. Twenty-third residents under surveillance died in the designated residence, with reference to the supervision regulations of the Supreme People's Procuratorate on the death of residents under surveillance. Article 24 The people's courts and people's procuratorates shall assign judicial police to assist the public security organs in residential surveillance at designated residences, and the criminal execution procuratorial departments of the people's procuratorates shall supervise their activities of assisting in execution. Chapter iv supplementary provisions article 25 the people's procuratorate shall promptly handle and reply to the complaints, exposures and accusations made by criminal suspects and their legal representatives, close relatives and defenders about the decision and implementation of residential surveillance at designated residences. Article 26 If the investigation and supervision department and the public prosecution department of the people's procuratorate find that there may be illegal situations in the execution of residential surveillance at the designated residence, they shall promptly notify the criminal execution procuratorial department. If the criminal execution procuratorial department finds that the decision to monitor the residence in the designated residence may be illegal, it shall promptly notify the investigation and supervision department or the public prosecution department. Article 27 If the people's procuratorate finds that the case-handling personnel and the enforcement personnel have violated the law and discipline in the process of monitoring the residence decision and the designated residence, it shall report to the procurator-general for decision and promptly transfer it to the relevant departments for handling; If a crime is constituted, criminal responsibility shall be investigated according to law. Twenty-eighth prosecutors in the designated residence monitoring decisions and the implementation of supervision work in violation of discipline, should be investigated for violations in accordance with the relevant provisions; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 29 The people's procuratorate's supervision over the decision and implementation of residential surveillance in designated residences shall be handled on the unified business application system of procuratorial organs. The case management department of the people's procuratorate shall conduct regular statistical analysis and quality evaluation, and timely notify the relevant departments. Thirtieth the provisions shall come into force as of the date of promulgation. To sum up, the public security organs can take compulsory measures such as residential surveillance when handling criminal cases and the suspects have special circumstances. If there is no suitable place, you can specify guardianship. To this end, the Supreme People's Procuratorate has also issued relevant regulations, stipulating the procedures for designated guardianship and residential surveillance, and the method for determining the designated guardianship residence. Handling residential surveillance, case handlers should refer to the "Regulations".