Article 2 When a public security organ in an administrative region at or above the county level needs to set up a detention center, it shall report to the public security departments and bureaus of provinces, autonomous regions and municipalities directly under the Central Government for the record; Railway, transportation, forestry and civil aviation systems are equivalent to public security organs at or above the county level. Need to set up a detention center, should be reported to the ministries (bureaus) Public Security Bureau for the record.
Article 3 The number of police officers in the detention center: generally, there are no less than 12 in counties (banners and cities), and if the average number of prisoners detained per month exceeds 100, it shall be 15%. Detention centers in large and medium-sized cities are generally equipped with 20% of the monthly average number of detainees. According to the actual situation, all localities can gradually complete it.
A detention center shall be equipped with medical personnel. According to actual needs, set up clinics or health centers.
The cooks in the detention center shall be equipped with 3% of the average number of prisoners per month, but at least two people shall be equipped. The detention center can be properly equipped with other staff according to the needs.
Chapter II Detention of Criminals
Article 4 A detention center must take prisoners into custody according to the legal documents and supporting materials stipulated in Article 9 of the Regulations. The defendant detained in a retrial case may be detained by the people's court's "retrial decision" (copy) or the protest of the people's procuratorate or the escort of the people's court.
Article 5 Before a prisoner is taken to a detention center, a doctor shall conduct a health check-up on the prisoner and fill in the prisoner's health check-list. Under any of the circumstances stipulated in Article 10 of the Regulations, it shall not be taken in, and the dispatched office shall make other treatments according to law. If it is found that it should not be detained after detention, it shall be submitted to the case-handling organ to change the compulsory measures according to law; The case-handling organ is responsible for the identification of criminals who may suffer from mental illness.
Article 6 When a prisoner is taken into custody in a detention center, the supervisor must strictly check his person and the articles he carries, so as to prevent articles that are not conducive to the security of the detention center from being brought into the prison room.
When a criminal is taken into custody, he shall be interrogated and fill in the criminal registration form.
Prisoners must be executed by two or more staff members. The physical examination of female criminals should be carried out by female staff.
Article 7 A detained criminal shall be informed of his right to defend, appeal, report and accuse according to law; If the people's procuratorate or the people's court has not decided to stop exercising the right to vote, it may exercise the right to vote. At the same time, he should also be informed of the prison rules that he must abide by during his detention in the detention center.
Article 8 Male criminals and female criminals, adult criminals and juvenile criminals, and accomplices shall be held separately. First-time offenders and recidivists should also be held separately if conditions permit.
Criminals who need to be held separately shall be put forward by the case-handling organ and implemented after being approved by the competent leading organ.
Article 9 A prisoner shall take a half-length bareheaded one-inch photo after entering the prison, and the photo together with the negative film shall be kept in the prisoner's file.
Article 10 The contents of the archives of detainees in a detention center shall include: detention vouchers, detainee registration forms, photos and negatives, health check lists of detainees, property preservation registration forms, exchange vouchers, records of performance and disease treatment during detention, exit vouchers, etc.
Detention centers keep criminal files in accordance with relevant laws and regulations.
Access to prisoners' files must be approved by the director of the detention center.
Article 11 When a case-handling organ needs to transfer a prisoner in custody to another organ for jurisdiction, it shall fill in the Exchange Certificate and affix its official seal to transfer the prisoner with the case. The receiving organ shall affix the official seal on the exchange certificate, indicate the undertaking time, and send it to the detention center in time. The detention center shall go through the formalities of prisoner exchange with the exchange certificate, and immediately issue a receipt and return it to the transfer organ.
Twelfth detention center shall, seven days before the expiration of the legal detention period of the arrested person, issue a notice of the impending expiration of the case to the case-handling organ; For those who have exceeded the legal detention period, they shall submit the Report on the Criminal's Exceeding the Legal Detention Period to the People's Procuratorate, and send a copy to the case-handling organ and the public security organ at a higher level.
If a criminal extends the trial period, the case-handling organ shall promptly notify the detention center in writing after approval.
Chapter III Vigilance and Prevention
Thirteenth armed police forces stationed in detention centers (hereinafter referred to as the armed police) shall allocate police forces according to the needs of guarding work and the provisions of the internal security service of the armed police.
The armed police should set up sentries at the entrance of the prison area, patrol roads and prisons.
The task of armed vigilance is to prevent and stop people's suicides, escapes, assaults, sabotage and riots, suppress people's riots, and prevent and stop hostile elements and criminals from attacking detention centers, hijacking people and other sabotage activities that endanger the security of detention centers.
Detention centers set up by railway, transportation, forestry, civil aviation and other systems are equipped with guards and police to guard and escort prisoners.
Article 14 When a prisoner is released from prison awaiting trial or seeking medical treatment, the police officers on duty shall fill in the Temporary Release Form for Prisoners, and the escorted police officers shall hand it over to the armed police on duty at the gate of the prison area for inspection and release. When the prisoner returns to prison, the escorting police will hand over the Form of Temporary Entry and Exit of Prisoners to the armed police on duty for inspection and detention. After the prisoner is taken into custody, the escorting police officer shall hand over the Temporary Inward and Outward Form of the prisoner to the police officer on duty for preservation.
Fifteenth detention centers should carefully examine the identity documents and proof of the reasons for coming to prison. If the interrogation room is located in the prison area, the detention center shall issue a pass to the case-handling personnel for inspection by the armed police on duty at the gate of the prison area. When the case handler leaves the office, the pass will be taken back.
Except guards, armed police on duty, workers, cooks, procuratorial cadres of people's procuratorates at the same level and case-handling personnel with passes, other personnel are not allowed to enter the prison area without the approval of the director of the detention center and the guidance of the police.
Sixteenth detention centers should determine the duty area according to the layout and actual situation of the prison. There must be more than two policemen on duty in each area. The police on duty must stick to their posts, strengthen inspections, and must not leave their posts without permission, sleep, drink alcohol or engage in other activities that hinder their duties. When the police on duty find problems, they should take decisive and effective measures to deal with them in time and report to their superiors as required. The police on duty shall make a good record of duty and hand over the shift.
At that time, the number of prisoners must be counted, and the matters needing attention should be clearly explained to the subsequent police officers.
The police are not allowed to carry guns unless under special circumstances.
Article 17 The police officers under supervision should be familiar with the basic information of the criminals under supervision, including their names, ages, genders, nationalities, main physical features, family status and address, the main information of the case, their work units and occupations before arrest and detention, and whether they have criminal records. By observing, talking, and understanding the situation from the case handlers, we can grasp the prisoners' ideological trends in time.
Eighteenth prisons, criminals and their places of activity should be inspected regularly or irregularly, and the articles that criminals may use for crime, escape, suicide and sabotage activities should be removed. If suspicious or destructive signs are found, they must be investigated immediately and dealt with according to law.
Article 19 It is forbidden to use criminals to manage other criminals.
Criminals are not allowed to enter and leave the prison freely, take charge of keys, manage property and labor tools, and are not allowed to be waiters.
Article 20 The tools used in detention centers are handcuffs, shackles and police ropes.
The police rope can only be used when chasing criminals or executing the death penalty.
The use of handcuffs and fetters shall generally not exceed fifteen days, except for criminals sentenced to death. Special circumstances need to extend the use time, must be approved by the competent public security bureau and the director.
During the period when prisoners are handcuffed or shackled, guards and police should strengthen education and remove dangerous behaviors immediately after they are cleared.
The specifications and use procedures of handcuffs and fetters must be strictly observed.
Twenty-first detention center in case of mass disturbances or foreigners surrounding the detention center, it shall immediately take emergency measures and report to the leaders of public security organs in a timely manner.
Chapter iv arraignment and escort
Twenty-second public security organs, state security organs, people's procuratorates and people's courts must hold a "certificate of arraignment" or a "summons" stamped with the official seal of the detention center. The guarding police commit crimes with "proof of trial" or "receipt of tickets".
The detention center shall establish a registration system for arraignment. Register the names of the units, personnel and personnel who are arraigned each time, and the starting and ending time of arraignment.
Article 23. Except for hearing or sentencing by the people's court, the arrangers shall generally be held in the interrogation room of the detention center. There shall be no fewer than two people.
Because of the need of investigation, criminals who commit crimes, criminal evidence or stolen goods that have been identified must hold instructions from the leaders of public security organs, state security organs or people's procuratorates at or above the county level, and be dismissed by two or more case-handling personnel on the strength of the Evidence for arraignment or the Ticket Receipt affixed with the official seal of the detention center.
If it does not meet the provisions of the above two paragraphs, the detention center shall refuse to accept the criminal.
Article 24 Criminals transferred to other places or released on parole for medical treatment and fugitives captured in detention centers must be escorted by armed escorts.
The escort mission is carried out by the armed police led by the escort. The escort work shall be equipped with sufficient escort forces according to the need to ensure the safety of the number of people being escorted. On the way to escort, we must be vigilant and take strict precautions to prevent accidents such as escape, murder and suicide. If it is necessary to stop over, the local detention center shall provide assistance with the certificate of the public security organ at or above the county level, and the escorted person shall not stay in the hotel. If it is too far away from the detention center, it shall request the local public security police station, township (town) people's government or militia to provide assistance and arrange appropriate accommodation to ensure safety.
Chapter V Life and Health
Article 25 prisoners' meals mainly include meals, cooking utensils, clothing, health care, daily necessities, heating and cooling, escort, study and other necessary expenses.
The standards of criminal support payments shall be agreed upon by the public security departments, bureaus, finance departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government according to prices and other conditions.
Twenty-sixth prisoners' meals should be separated from the police canteen, and separate stoves should be set up. Efforts should be made to adjust and improve within the prescribed standards. Food should be clean and hygienic, and boiled water should be supplied in sufficient quantities. Meals are settled once a month.
Sick criminals and criminals of foreign nationalities may raise the standard of food expenses as appropriate.
Twenty-seventh prisoners live in a cell area of not less than two square meters per person.
Twenty-eighth prisoners' maintenance and repair fees must all be transferred to the account of the detention center and directly managed by the detention center. Interception or misappropriation is strictly prohibited. The use of funds should be strictly in accordance with the provisions of the scope and standards of expenditure, strict examination and approval procedures. In addition to food expenses, a use of less than two hundred yuan, approved by the director of the detention center; More than two hundred yuan, approved by the competent authority and the factory director.
The administrative and operational funds of the detention center shall be collected through normal channels.
Article 29 A detention center shall establish a management system for prisoners' daily life.
Thirtieth detention centers should have facilities and equipment for prisoners to bathe.
The detention center shall, according to the seasonal changes and actual needs, stipulate the times and time for prisoners to take a bath, have a haircut, wash clothes and hang clothes.
Always keep the prison clean and tidy, and pay attention to beautifying the environment. Clean the prison room every day, disinfect it regularly, and do a good job of cooling in summer and keeping warm in winter.
Article 31 A sick criminal shall receive timely treatment. Prisoners take medicine, and prison guards and police should be present to supervise. People who are found to have infectious diseases should be isolated and treated immediately. If the condition is serious, you can be hospitalized; If the case-handling organ decides to change the compulsory measures, it shall handle it in accordance with the provisions.
When a criminal is in danger of death due to illness, he should actively rescue him and inform the case-handling organ.
If a prisoner needs hospitalization, it must be approved by the director of the detention center, and guards and police officers should be on duty to prevent accidents such as escape and suicide. It is not allowed to use prisoners or hire people to care for inpatients.
Article 32 A criminal who injures himself may not apply for bail pending trial or residential surveillance, and the consequences shall be borne by the criminal.
Article 33 If a person dies, a forensic doctor or doctor shall conduct medical appraisal. For abnormal deaths, the local people's procuratorate shall also conduct inspection and notify the case-handling organ.
After the death of the criminal, the detention center shall notify the close relatives of the criminal to retrieve the body for cremation; If there are no close relatives or close relatives who refuse to take them back, they will be cremated by the detention center.
Chapter VI Meetings and Communications
Article 34 correspondence between criminals and their close relatives living in China must be approved by the case-handling organ. If a prisoner requests to meet, it must be approved by the public security organ at or above the county level or the competent bureau or director of the state security organ.
Meetings and correspondence between criminals and their close relatives living in Hongkong, Macao, Taiwan Province Province and foreign countries, or between criminals of foreign nationality and their close relatives, guardians and members of embassies and consulates in China must be approved by the public security departments and bureaus of provinces, autonomous regions and municipalities directly under the Central Government or the national security departments and bureaus.
Thirty-fifth meeting with criminals shall not exceed once a month, and each meeting shall not exceed half an hour, and each meeting shall not exceed three close relatives. During the meeting, there should be case handlers and guards at the scene to monitor. Foreign criminals, ethnic minority criminals and deaf-mute criminals must also have translators hired by the case-handling organ present. During the meeting, it is forbidden to talk about the case, not to talk in code, and not to pass things privately. In violation of the provisions, do not listen to stop, shall be ordered to immediately stop the meeting.
Article 36 With the consent of the case-handling organ and the approval of the competent bureau and director of the public security organ at or above the county level, a criminal may temporarily leave his dying spouse, parents or children. Prisoners who are seriously ill and cannot return to their original places that day are not allowed to visit.
Visitors shall be accompanied and supervised by two or more investigators, and shall not spend the night outside.
Article 37 The articles for daily use, books and periodicals for study given or sent by close relatives of criminals shall be registered in detail in the detention center, and shall be handed over to criminals after inspection and acceptance. Cash is kept by the detention center and can be paid by prisoners when they have a legitimate purpose; Articles that are not allowed to be brought in shall be returned on the spot or after registration.
Article 38 If a detention center fails to entrust a case-handling organ to examine the letters sent and received by criminals, it shall hand them over to the case-handling organ for handling.
Article 39 A defender entrusted by a criminal or a defender designated by a people's court may meet and correspond with the criminal after receiving a copy of the indictment.
When a lawyer meets a prisoner, he must hold a work permit of a law firm (or legal advisory office) and a special letter of introduction in a fixed format; Other defenders who want to meet with detainees must hold a special letter of introduction from the people's court.
Lawyers and other defenders must meet criminals in detention centers with the permission of the people's courts. Detention centers should provide convenience, guard and ensure safety. After the meeting, the prisoner shall be handed over to the police on duty for imprisonment.
Chapter VII Education of Criminals
Fortieth detention centers should establish a system of educating criminals and do a good job in the education and reform of criminals.
The education of prisoners should teach students in accordance with their aptitude, convince people by reasoning and embody policies.
Conversation education for female criminals should be conducted by female policemen or two or more policemen.
Article 41 A detention center shall, according to the actual situation of prisoners, carry out legal education, moral education and prison regulations education in a planned, purposeful and targeted manner, so as to urge prisoners to abide by prison regulations, truthfully reflect problems, and actively report and expose illegal and criminal activities inside and outside the prison.
Article 42 The education of criminals can take the forms of collective lectures, individual talks, coordination with the case-handling organs to hold a meeting of tempering justice with mercy, mobilizing relatives and friends of criminals to persuade them, choosing criminals or surrendering prisoners.
The detention center shall organize prisoners to listen to radio, watch TV, read books and newspapers, conduct education on current affairs, policies and legal system, and be active in life.
Article 43 In order to promote prisoners' ideological reform and enhance their physical fitness, a detention center may organize prisoners to do appropriate work in prison on the premise of ensuring safety and not affecting investigation, prosecution and trial.
Article 44 Criminal organizations must act according to their capabilities, and sick prisoners and death row inmates are not allowed to participate.
It is strictly forbidden to use criminals to work for any unit or individual without permission.
Chapter VIII Reward and Punishment
Article 45 If a prisoner commits one of the following acts during his sentence, he shall be commended and given material rewards according to the circumstances:
(a) always abide by the rules and regulations, study hard and work actively;
(2) Consciously maintain personal hygiene and environmental hygiene;
(three) outstanding performance in caring for public property.
Praise for offenders is decided by the guards; Material rewards for criminals must be approved by the director of the detention center. Material rewards are limited to daily necessities, books and notebooks.
Article 46 If a prisoner commits one of the following acts during his detention, the detention center shall report it to the case-handling organ in writing and deal with it leniently according to law:
(1) Exposing criminals inside and outside the prison, which has been verified through investigation;
(two) to discourage people from committing crimes, escaping and other illegal and criminal activities;
(three) there are other acts that benefit the country and the people.
Article 47 If a prisoner commits any of the following acts during his detention, he shall be given a warning, admonished, ordered to make a statement of repentance or be confined according to different circumstances. If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of prison rules and regulations and discipline, after education;
(2) spreading corrupt ideas and preventing others from repenting;
(3) Refusing to accept supervision, which is really unreasonable after investigation;
(4) Deliberately damaging public property;
(five) bullying, insulting others, infringing on the personal rights of others;
(six) gang fights, often disturbing the management order;
(7) teaching criminal methods or instigating others to commit crimes;
(eight) escape or organize escape;
(9) Other illegal and criminal acts.
Warnings, admonitions and orders for prisoners to make a statement of repentance shall be decided by the guards and implemented after being reported to the director of the detention center for approval. The punishment for confinement is proposed by the guards and decided by the director of the detention center.
If a criminal commits another crime while in custody and should be investigated for criminal responsibility, the detention center shall promptly inform the case-handling organ and cooperate with the case-handling organ to investigate and collect evidence and deal with it according to law.
Article 48 Criminals who are confined should be held in special prisons for introspection. The term of confinement is generally one to ten days, and the longest shall not exceed fifteen days.
Chapter IX Property Preservation
Forty-ninth detention centers need to keep the property brought in or sent back by criminals, which should be counted in person and registered in detail. When filling in the property preservation registration form, the name, quantity, quality, specifications, characteristics, brand and other contents of the property shall be clearly written and signed and sealed by the actor. The registration form shall be made in triplicate, one for the stub, one for the offender to receive and keep, and one for the property.
If a prisoner really needs to use the property in custody, it shall be approved by the director of the detention center. When accepting property, a criminal shall issue a written certificate.
Article 50 A prisoner's property shall be properly kept by a designated person and stored in a special warehouse. Except for force majeure, if the escrow property is damaged or lost, compensation shall be made according to the price. Articles that are difficult to preserve shall be returned to the families of criminals or handled at the discretion of the case-handling organ.
Article 51 The property of a fugitive shall be temporarily kept. After one year, if the offender is not caught, it will be handed over to the financial department for handling.
For the property of a dead criminal or a criminal who has executed the death penalty, the family members shall be notified to collect it according to the regulations. If it is too far away to collect it, it can also be sent on behalf of him. No family members, or unable to send the notice within one year, and failing to receive it within one year after the notice, shall be turned over to the financial department for handling.
Receipts of property turned over shall be kept in the criminal files for future reference.
Chapter 10 Out of the Office
Article 52 If a person leaves the detention center under any of the following circumstances, the detention center shall issue a release certificate:
(a) after detention, the case-handling organ finds that it should not be detained or the people's procuratorate does not approve the arrest and notifies it to be released immediately;
(two) after the arrest, the case-handling organ finds that it should not be arrested and notifies the release;
(3) The people's procuratorate has made a decision on exemption from prosecution or non-prosecution, and the case-handling organ has informed him of his release;
(4) Being acquitted or exempted from criminal punishment after trial by a people's court and being released by public announcement;
(5) The prisoner under the supervision of the detention center has served his sentence.
Article 53 If a judgment has taken legal effect and should be transferred to a reeducation-through-labor place for execution, if the people's court decides to temporarily execute it outside prison, or if it is declared suspended, sentenced to public surveillance, transferred for review, temporarily executed outside prison or reeducation through labor according to regulations, it is necessary to go through the formalities of leaving prison separately, and the performance of the prisoner during his detention should be written and handed over with the case.
Article 54 When a detainee leaves the detention center, he shall register the place where he left, and indicate the voucher, time and place on the criminal registration form.
When the detainee leaves the prison, he will count and return the property kept on his behalf, and he will sign and seal the property preservation registration form (stub) and retrieve the property preservation registration form kept by him.
Article 55. People leaving prison shall undergo physical examination and articles inspection to prevent letters and articles from being taken out of prison.
Chapter II XI Supplementary Provisions
Article 56 Due to the special needs of the detention center, with the approval of the competent public security bureau and the director, and with the consent of the people's procuratorate, individual convicted criminals whose remaining sentence is more than one year may remain in the detention center for execution.
Article 57 A detention center shall handle matters such as vigilance, living, hygiene, interviews, communication, education, labor, rewards and punishments, commutation, parole and release from prison with reference to the system and regulations of reform-through-labour institutions.
If prisoners in detention centers need to go out to work or seek medical treatment, they shall be managed by guards, and the armed police shall be responsible for escort and vigilance. If a convicted prisoner needs medical parole due to illness, it shall be approved by the competent bureau and director of the public security organ at or above the county level.
Article 58 The income from labor production of criminals and convicted prisoners is controlled by the detention center, which is mainly used to buy labor production supplies, living allowances and rewards for convicted prisoners and convicted prisoners.
Fifty-ninth new detention center, relocation, included in the local capital construction projects, investment by the Planning Commission at all levels. The location of the new and relocated detention center shall be agreed by the competent public security organ and the local urban planning department, but it shall not be far away from the urban areas and suburbs.
The funds for the reconstruction and expansion of the detention center shall be budgeted and allocated by the financial departments at all levels.
Within five meters of the outer wall of the detention center, it is a police type, and it is forbidden to build houses and plant trees.
When building, relocating, rebuilding or expanding a detention center, the overall design scheme and standards of the building shall be submitted to the public security departments and bureaus of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval; Railway, transportation, forestry and civil aviation systems shall be reported to the Public Security Department of the Ministry (bureau) for approval.
Article 60 The equipment of a detention center, including vehicles, communication equipment, weapons, alarm devices, machinery, photographic equipment and monitoring facilities, shall be included in the equipment sequence of public security organs.
Article 61 The term "supervising police officers" as mentioned in these Measures refers to all cadres in detention centers.
Article 62 The format of prison regulations and management documents of detention centers shall be formulated by the Ministry of Public Security.
Sixty-third detention centers established by state security organs shall be implemented with reference to these measures.