A criminal sentenced to criminal detention shall be executed by a detention center.
Juvenile offenders are punished by juvenile reformatory. Article 3 A detention center shall set up a special prison area or prison room to supervise criminals. The prison area and the prison room shall be located in the warning fence of the detention center. Article 4 In managing criminals, detention centers should adhere to the principle of combining punishment with reform and combining education with labor, and transform criminals into law-abiding citizens. Article 5 A prisoner's personality shall not be insulted, his personal safety and lawful property shall not be infringed, and he shall enjoy the rights of defense, appeal, accusation and other rights that have not been deprived or restricted according to law.
Criminals should abide by the laws, regulations and rules of the detention center, obey management, receive education and participate in labor in accordance with regulations. Article 6 A detention center shall safeguard the legitimate rights and interests of criminals and provide necessary conditions for criminals to exercise their rights. Article 7 A detention center shall accept the legal supervision of the people's procuratorate when executing punishment according to law. Chapter II Execution of Penalties Section 1 Detention Article 8 On the day when a detention center receives a copy of the indictment of the people's procuratorate and a written judgment, ruling, notice of execution and registration form for closing the case served by the people's court, it shall go through the formalities of detaining the criminal, fill in the detention registration form, and specify the basic information of the criminal, the date of detention, etc. After being signed by the police, the criminal is transferred to a criminal detention area or cell. Article 9 For criminals who are not detained before the judgment and need to be detained and executed after the judgment, the detention center shall take them into custody with the documents listed in Article 8 of these Measures, and collect the fingerprint information of the criminals.
For criminals who have found the remaining crimes and need to be detained in the detention center where the case is filed, the detention center where the case is filed shall take them into custody with the detention certificate and a copy of the detention certificate.
If the people's court retries in a different place and it is necessary to temporarily detain the criminal in a different place detention center, the criminal shall be detained by the different place detention center according to the litigation documents and arraignment procedures for criminal retrial. Article 10 When a criminal is taken into custody according to Article 9 of these Measures, the detention center shall conduct health examination and personal and article safety inspection. Non-necessities of life of criminals shall be registered and preserved; Contraband will be confiscated.
The physical examination of female criminals shall be conducted by the female people's police. Article 11 A criminal file shall be established when handling the custody procedures. Criminal files are divided into first-class files and second-class files. The main files include custody vouchers, decisions on temporary execution outside prison, rulings on commutation and parole, release certificates and other legal documents; Secondary files include management records such as detention registration, heart-to-heart education, criminal assessment, rewards and punishments, disease treatment, and property custody registration. Article 12 After taking a prisoner into custody, the detention center shall notify the criminal's family or guardian of the place where the criminal will execute the punishment within five days. A detained foreign criminal shall report to his public security organ within 24 hours. Section 2 Handling of Complaints, Accusations and Exposures of Criminals Article 13 If a prisoner complains against a legally effective judgment or ruling, the detention center shall promptly transmit the complaint materials to the people's procuratorate and the people's court that made the effective judgment. Criminals may also entrust relatives or lawyers to lodge complaints. Article 14 Criminals have the right to sue and report illegal and criminal acts.
The detention center shall set up a complaint and report mailbox to accept the complaint and report materials of criminals. Criminals can also directly sue and report to the police. Fifteenth detention center shall, within fifteen days from the date of receiving the complaint and accusation materials submitted by criminals to the detention center; The detention center shall, within five days from the date of receiving the materials, forward the materials submitted by criminals to the people's courts and people's procuratorates.
If the detention center handles the complaint or accusation or transfers it to the relevant department for handling, it shall promptly notify the accused or accused criminal of the relevant situation or the handling result. Sixteenth detention center in the process of executing the penalty, found that the judgment may be wrong, it should be submitted to the people's procuratorate or the people's court for handling. Section 3 Temporary execution outside prison Article 17 If a prisoner meets the conditions for temporary execution outside prison as stipulated in the Criminal Procedure Law, he or his family members may submit a written application to the detention center, and the correctional police or doctors in the detention center may also submit written opinions. Article 18 After receiving an application or opinion for temporary execution outside prison, a detention center shall hold a meeting to study it. After the preliminary examination, according to different situations, the criminals are identified in terms of illness, inability to take care of themselves or pregnancy. If the preliminary examination fails, the reasons shall be informed.
The meeting shall be recorded in writing and signed by the participants. Article 19 The identification of the condition of a criminal who is temporarily executed outside prison shall be carried out in a hospital designated by the provincial people's government; Pregnancy examination should be carried out in the hospital; Life can not take care of themselves, by the detention center in charge of the leadership, discipline police, detention center doctors, prosecutors and other expert groups; For women who are nursing babies, the detention center shall notify the public security organ of the criminal's domicile or residence to issue relevant certificates.
Life can't take care of itself, which means getting up, eating, walking, going to the toilet, etc. in daily life. Because of illness, disability or old age and infirmity, you can only do it with the help of others.
A criminal who injures himself may not be temporarily executed outside prison.