Article 5
In order to maintain social order, the people's police of public security organs can cross-examine and inspect people suspected of violating the law and crime on the spot after showing their corresponding certificates and indicating their identity; After interrogation and inspection, if one of the following circumstances occurs, it can be taken to the public security organ, and can be interrogated (detained) with the approval of the public security organ.
(1) Accused of a criminal act; ?
(2) Being suspected of committing a crime on the spot; ?
(3) Having an unidentified suspect; ?
(4) The articles carried may be stolen goods. ?
Article 6 The lien shall not apply under any of the following circumstances:
(a) without cross-examination and on-the-spot inspection; ?
(2) Being arrested or handed over to a public security organ at his domicile or workplace; ?
(three) has been summoned by the public security organs, summoned to other places for interrogation; ?
(four) has been clearly established as a public security or criminal case; ?
(5) A party to a case or incident that is not under the jurisdiction of a public security organ. ?
Article 7 A lien shall not apply to those who meet the requirements of Article 5 of these Provisions, but under any of the following circumstances:
(a) Pregnant or nursing a baby under one year old; ?
(two) under the age of eighteen or over seventy; ?
(3) Suffering from mental illness, acute infectious disease or other serious diseases; ?
(four) due to injury need timely treatment. ?
Foreigners who do not enjoy diplomatic privileges and immunities, as well as stateless persons and residents of Hong Kong, Macao and Taiwan, do not take lien measures in principle. If it is really necessary to take lien measures, it shall be reported to the public security organs at or above the municipal level for approval and reported to the ministries and agencies for the record within 12 hours. ?
Article 8
Lien shall fill in the "lien approval form", which shall be approved by the leaders above the person in charge of the police station and reported to the county-level public security bureau and the municipal public security bureau for the record; The county-level public security bureau and the municipal public security bureau's case-handling department shall fill in the "lien approval form" for those who meet the requirements of these regulations and report it to the person in charge of the county-level public security bureau and the municipal public security bureau for approval. ?
Article 9
The detention time of a detainee shall not exceed 24 hours from the time when the detainee is taken to the public security organ. However, if the suspect cannot be confirmed or ruled out within 24 hours, the detention time can be extended to 48 hours after approval.
The time limit stipulated in the preceding paragraph starts from the time when the suspected criminal is taken to the public security organ and ends when the detained person leaves the public security organ freely or is transferred to other treatment, including reporting, approving detention, reporting and approving extension of detention.
If a detainee is criminally detained, arrested, released on bail pending trial or under residential surveillance according to law, the detention time shall not be counted; Those who have been reeducated through labor according to law shall be detained for one day. If the detention time is less than 24 hours, one day will be deducted; If it is more than 24 hours but less than 48 hours, it will be deducted for two days. ?
Article 10
If the criminal suspect of the detainee cannot be confirmed or ruled out within 24 hours, and it is necessary to extend the detention, an approval form for extending the detention shall be filled out, and the detention time may be extended to 48 hours with the approval of the person in charge of the public security organ at or above the county level. If it is too late for a police station far away from the city to submit a written examination and approval, you can call for instructions first, and then go through the written examination and approval procedures in time. If the extension of lien is not approved, the detained person shall be released immediately. ?
Article 11
If a person suspected of violating the law and committing a crime is detained upon approval, the case-handling department shall fill in the Notice of Detention, stating the reasons, basis and specific time for the transfer to the public security organ, and deliver it to the detained person. According to the detainee's certificate or the name and address provided by him, immediately notify the detainee's family or his unit orally or by telephone, and put it on record. If oral or telephone notification cannot be obtained, a written notification will be sent within 12 hours. Failure to notify or notify shall be recorded. If the lien is not approved, the lien shall be lifted immediately. ?
Article 12 The detained person shall be interrogated immediately to confirm or exclude his criminal suspicion. ?
Thirteenth handling units shall make records of cross-examination and cross-examination of detainees, and make the following treatment according to law within a time limit:
If it is considered necessary to take criminal detention, arrest, bail pending trial, residential surveillance and other compulsory measures. , you should go through the relevant legal procedures during the retention period; That should be given public security punishment or other administrative treatment, according to the "Regulations on administrative penalties for public security" and other administrative laws, regulations and rules to make timely treatment; If it is under the jurisdiction of other state organs, it shall be transferred in time; If the above decision cannot be made during detention, the detainee shall be released immediately. The detained person shall not change from lien to summons or compulsory summons. ?
During the period of detention, the detained person shall be sent to the detention room for custody, and shall not be detained in the supervision place or other places; If there is no detention room, it shall be kept by the people's police in the interrogation room or office. If criminal detention or arrest is taken, the detained person shall be immediately escorted to the detention center for custody; Where residential surveillance is adopted, the detained person shall be taken away from the detention room immediately. ?
Article 14
Under any of the following circumstances, the public security organ that made the decision to detain or extend the detention shall immediately lift the detention, and write down the specific time of lifting and the handling result in the detention register, which shall be signed or fingerprinted by the detainee.
(a) after the lien, it is found that it has one of the circumstances listed in the first paragraph of Article 7 of these Provisions; ?
(2) The criminal suspect has been confirmed or excluded; ?
(3) The retention period expires; ?
(4) Other circumstances in which the lien shall be terminated. ?
Article 15
With the approval of the public security organs at or above the municipal level, county-level public security bureaus and urban public security sub-bureaus may, according to the needs of their work, make overall plans and make rational arrangements, and set up detention rooms in their own organs and police stations with more than 5 people.
Public security organs at or above the municipal level and their internal organs, and internal organs of county-level public security bureaus and urban public security sub-bureaus shall not set up lien rooms. ?
The public security organ at a higher level shall strengthen the supervision and guidance on the management of the detention room of the public security organ at a lower level.
Article 16
The detention center is located in the police station and managed by the police station; The lien room is located in the bureau, which is determined by the county public security bureau and the municipal public security bureau according to the needs of the work. ?
Seventeenth lien room management funds, in the city public security bureau and county (city) public security bureau business expenses. ?
Article 18 The hardware construction of the indwelling room must meet the following standards:
(a) the building must be safe and firm. It is forbidden to build indwelling rooms on balconies, corridors and stairwells; ?
(two) the building height is not less than 2.8 meters, the use area of a single room is not less than 8 square meters, and the number of people retained in each room is not more than 10. ?
(three) the indwelling room should use a fully enclosed metal door with a window to observe the whole room. A metal fence shall be installed on the outside of the window, and a metal fence shall be installed on the inside (the mesh shall be less than 2mm×2mm), and the height shall be subject to the fact that the detainee cannot reach it. ?
(four) the indwelling room should be kept adequately ventilated and illuminated, and kept clean and tidy. ?
(5) Indoor water and electricity facilities must be safe. Water pipes and wires are buried in the wall, control switches are installed outdoors, lighting facilities should be placed on the roof, and explosion-proof lamps should be used. ?
(6) There shall be no articles that may be directly used for murder, suicide, self-injury, self-injury or escape indoors, and there shall be no exposed iron rings, iron frames, nails, steel pipes, hooks and other facilities. ?
(7) The height of the fixed wooden bed uniformly set indoors shall not exceed 0? 4 meters. Equipped with simple sanitary equipment. When necessary, detainees should provide necessary bedding and daily necessities. ?
(eight) the duty room and examination room should be attached to the lien room. ?
(nine) the indwelling room and examination room must be equipped with full coverage audio-visual monitoring system, and always maintain a good state. ?
(ten) in the eye-catching position marked "lien room", announced the relevant provisions of the lien and management system. ?
Nineteenth lien room should establish the following daily management system, the implementation of legal, civilized and standardized management:
(1) personnel registration system. Establish a register of detainees, indicating the name, gender, age, address or unit of the detainees, reasons for detention, starting and ending time, handling department, undertaker, approver and handling result. ?
(2) The guard system on duty. The lien room should be equipped with full-time guards, managed by the police on duty that day. When there are detainees, 24-hour duty guards and post responsibility system must be implemented, the post responsibility on duty should be clearly defined, and the handover system should be strictly implemented. ?
(3) Regular inspection system. A unit with a lien room shall formulate and post a code of conduct for the detained person. The personnel on duty and the guards should strictly observe their posts, strengthen observation and inspection, conduct regular inspections of detention rooms, and prevent detainees from escaping, committing crimes, committing suicide, colluding with others, causing troubles and other acts that endanger safety and management, and make records of the situation and report the problems in time. ?
During detention, police equipment and weapons shall not be used against detainees, except under the circumstances stipulated in the Regulations of the People's Police of the People's Republic of China on the Use of Police Equipment and Weapons. ?
(4) Entry-exit registration system. The lien room should be strictly registered, and the detained personnel should be strictly registered. ?
The personnel on duty and the guards shall receive the detainees with the detention approval procedures and register them in the register of detainees; Take the detainees out to the undertaker for review with the Detainee Review Form filled out by the undertaker, and register them in the Detainee Review Register; After the review, the undertaker will send the detained person back to the detention room, return the Detainee Review Sheet after receiving it, and register it in the Detainee Review Register; Release or other treatment shall be registered in the register of detainees, indicating the specific time, signed by the detainee or released after fingerprinting or handed over to the organizer for taking out. ?
(5) Safety inspection system. When receiving detainees and detainees brought out and returned to their rooms after examination, the detention center must be strictly inspected by two guards on duty to prevent suspicious items from being brought in or used as tools for committing crimes, committing suicide, self-injury, self-mutilation and escape. ?
The examination of female detainees is conducted by female staff. ?
(6) Item management system. Prohibited articles carried by detained persons shall be confiscated according to law; Suspicious articles or articles that may be used as tools for suicide, self-injury, self-mutilation and escape. Keep it in the detention center and fill in the list of temporary items. After the lien is over, the evidence of illegal crime will be handed over with the case, and those irrelevant to the case will be returned. ?
(7) Inspector reporting system. If the case-handling unit decides to take lien measures, it must report the prescribed contents to the supervision department of the public security organ at the same level for the record by telephone, writing or computer network within half an hour after implementation. According to the situation, the regulatory authorities take unannounced visits, spot checks, telephone warnings and other ways to supervise. ?
(eight) the situation reporting system. In case of death, homicide, suicide, self-injury, self-injury or escape, riots, etc. For the detainees in the detention room, the personnel on duty and the guards should immediately report to the shift supervisor and report to the supervisor step by step in time for proper handling. ?
If a detainee dies during detention, it shall promptly report to the public security organ at the next higher level, and the public security organ at or above the county level shall organize a forensic doctor or doctor to conduct a death appraisal, which shall be examined by the people's procuratorate at the same level and notify the family members of the detainee or their subordinate units. ?
(9) Life management system. Strengthen the life management and epidemic prevention in the indwelling room. In principle, the food of the detained person shall be taken care of by himself; Life can not take care of themselves, by the indwelling room management unit to solve. Detainees who are sick or injured should be treated in time, those who suffer from infectious diseases should be isolated immediately, and those who are seriously ill should be sent to hospital for treatment in time. ?
Article 20
In accordance with the principles of "who approves, who is responsible" and "who sets, who is responsible", strictly implement the responsibility. The police and the leaders on duty who undertake specific cases are directly responsible for the lien work, and the police station director and the county (city, district) public security director are responsible for the lien work. ?
If detention, extorting a confession by torture or neglect of management leads to the disability or death of the detainee, or other acts constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law. ?
Article 21
If a detainee dies abnormally in custody, in addition to investigating the legal responsibility of the responsible person according to law, he must also investigate the disciplinary responsibility of the relevant leaders in accordance with relevant regulations, and cancel the qualification of the responsible department and its subordinate public security organs to participate in this year's advanced appraisal. ?
Article 22 If a detainee refuses to accept the lien decision and applies to the public security organ for administrative reconsideration, the public security organ shall accept it in accordance with the provisions of the Administrative Reconsideration Law. ?
If the detained person refuses to accept the lien decision and brings an administrative lawsuit to the people's court, the public security organ shall appear in court in accordance with the provisions of the Administrative Procedure Law. ?
Article 23
If a detainee thinks that the public security organ and its people's police have infringed upon their legitimate rights and interests and caused damage, and applies to the public security organ for state compensation according to law, the public security organ shall handle it in accordance with the provisions of the State Compensation Law. ?
After the public security organ compensates the losses according to law, it shall order the people's police who have committed intentional or gross negligence to bear part or all of the expenses and investigate their corresponding responsibilities.