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Supervisory agencies use the basis for public officials who violate the law

1. Supervisory organs investigate serious duty-related violations or duty-related crimes. For cases that comply with Article 22, Paragraph 1 of the Supervision Law (the person under investigation is suspected of corruption, bribery, dereliction of duty, or other serious duty-related violations or duty-related crimes, the supervisory authority shall If the authorities have already grasped some of the facts and evidence of their illegal crimes, but there are still important issues that require further investigation, and if there is one of the following circumstances, they can be detained in a specific place with the approval of the supervisory authority in accordance with the law: if the case is serious and complicated; if they are likely to escape , commit suicide; may collude with others in making confessions or fabricate, conceal, or destroy evidence; may engage in other acts that impede investigation. The supervisory authority may take detention measures in accordance with the provisions of the preceding paragraph for persons involved in crimes involving bribery or crimes related to official duties.) Where stipulated, detention measures may be taken against the person under investigation upon approval in accordance with the law.

Serious job violations stipulated in Paragraph 1 of Article 22 of the Supervision Law means that based on the facts and evidence already grasped by the supervisory authority, the person under investigation is suspected of serious job violations and may be dismissed from his post. The above government sanctions; important issues refer to the facts, circumstances and evidence that have an important impact on the qualitative disposition, conviction and sentencing of the person under investigation's suspected duty-related violations or duty-related crimes. As stipulated in Paragraph 1 of Article 22 of the Supervision Law, "having grasped some of the illegal and criminal facts and evidence" means that the following circumstances exist simultaneously:

(1) There is evidence to prove that illegal and criminal facts have occurred;

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(2) There is evidence proving that the person under investigation committed the illegal and criminal act;

(3) The evidence proving that the person under investigation committed the illegal and criminal act has been verified to be true. Part of the illegal and criminal facts can be the facts of a single illegal and criminal act, or the facts of any one of several illegal and criminal acts.

2. If the person under investigation has any of the following circumstances, he or she may be considered as likely to escape or commit suicide as stipulated in Item 2 of Article 22, Paragraph 1 of the Supervision Law:

(1) Those who are preparing to commit suicide, self-mutilation or escape;

(2) Those who have committed suicide, self-mutilation or escape behavior;

(3) Those who have the intention of suicide, self-mutilation or escape ;

(4) Other possible escape or suicide situations.

3. If the person under investigation has any of the following circumstances, it may be deemed as possible collusion or forgery, concealment or destruction of evidence as stipulated in Article 22, Paragraph 1, Item 3 of the Supervision Law:

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(1) Have ever or attempted to collude with a confession, forged, concealed, destroyed, or transferred evidence;

(2) Have ever or attempted to coerce, intimidate, induce, or bribe a witness, or interfere with a witness's testimony;

(3) There are accomplices or persons involved in illegal crimes who are closely related to the person under investigation are at large, and important evidence has not yet been collected;

(4) Others who may collude in confession or Forgery, concealment, or destruction of evidence. 4. If the person under investigation has any of the following circumstances, he may be deemed to have other behaviors that may hinder the investigation as stipulated in Article 22, Paragraph 1, Item 4 of the Supervision Law:

(1) May continue Carrying out illegal and criminal acts;

(2) Endangering national security, public security and other actual dangers;

(3) Possibly harming reporters, accusers, and victims , witnesses, appraisers and other relevant personnel carry out retaliation;

(4) Refusing to file a case without justifiable reasons, seriously affecting the investigation;

(5) Others that may hinder the investigation Behavior.

5. Detention measures shall not be taken against the following persons:

(1) Those suffering from serious diseases and unable to take care of themselves;

(2) Pregnant or pregnant Women who breastfeed their own babies;

(3) They are the sole caregivers of those who cannot take care of themselves. After the above situation is eliminated, detention measures can be taken against the relevant personnel according to the needs of the investigation.

6. When taking detention measures, there should be no less than two investigators. They should announce the "Lien Decision" to the detained person, inform the detained person of their rights and obligations, and require them to sign on the "Lien Decision" Signature and fingerprints. If the detained person refuses to sign or take fingerprints, the investigators shall make a note of this on the document.

7. After taking detention measures, the unit and family members of the detained person shall be notified within 24 hours. If notified in person, the relevant personnel shall sign on the "Notification of Lien".

If it is impossible to notify in person, you can first notify by phone or other methods, and deliver the "Lien Notice" by mail, handover, etc., and require the relevant personnel to sign on the "Lien Notice". If it is inappropriate to notify due to circumstances that may hinder the investigation, such as destroying or fabricating evidence, interfering with witness testimony or colluding with confessions, etc., it shall be submitted for approval in accordance with regulations and recorded in the record. After the circumstances that hinder the investigation disappear, the unit and family members of the detained person should be notified immediately.

8. If the supervisory authority at or above the county level needs to request the public security authority to assist in taking detention measures, it shall submit the application for approval in accordance with regulations and ask the public security authority at the same level to assist in accordance with the law. When requesting assistance, a "Letter Requesting Assistance in Taking Lien Measures" should be issued, listing the specific matters and suggestions for assistance, the time and place of assistance in taking measures, etc., and attaching a copy of the "Letter of Lien Decision". If due to the need for confidentiality, it is not appropriate to inform the public security organ of the name of the person to be detained before taking detention measures, an explanation can be given and the matter will be kept confidential. If it is necessary to request the public security agency in a different place to assist in taking detention measures, it must be submitted for approval in accordance with regulations, and a cooperation letter and relevant documents must be issued to the supervisory authority at the same level in the coordinating place. The supervisory authority in the coordinating place will request the local public security authority to provide assistance in accordance with the law.

9. During the detention process, the legitimate rights and interests of the detained persons shall be protected, their personality and ethnic customs shall be respected, food, rest and safety shall be ensured, and medical services shall be provided. Article 101 The detention period shall not exceed three months, starting from the date of announcement to the detained person. If one of the following circumstances occurs, it may be extended once with approval, and the extension time shall not exceed three months:

(1) The case is serious and seriously endangers national interests or the interests of the public;

(2) The case is complex, with many people involved, a huge amount of money, and a wide range of cases;

(3) The important evidence has not been collected, or the important persons involved have not yet arrived at the case, leading to the main reasons for the violation of the law and the crime The facts still require continued investigation;

(4) Other circumstances that require extension of the retention time. If supervisory authorities below the provincial level adopt retention measures, extension of the detention time must be reported to the supervisory authority at the next higher level for approval. If the retention time is extended, the decision to extend the retention time shall be announced to the detained person before the expiration of the retention period, and the person shall be required to sign and fingerprint the "Decision to Extend the Retention Time". If the detained person refuses to sign or take fingerprints, the investigators shall make a note of this on the document. If the detention time is extended, the family members of the detained person shall be notified.

10. If the detained person does not need to continue to take detention measures, he must apply for approval according to regulations and the detention should be lifted in a timely manner. The investigators shall announce the decision to lift the lien measures to the detained person, who shall sign and fingerprint the "Decision to Lift the Lien". If the detained person refuses to sign or take fingerprints, the investigators shall make a note of this on the document. When the detention measure is lifted, the unit or family members of the detained person shall be notified in a timely manner. The investigators shall go through the handover procedures with the handover person and have him or her sign the "Notice of Lien Lifting". If it is impossible to notify or the relevant personnel refuses to sign, the investigators shall make a note of it in the document. If the case is transferred to the People's Procuratorate for review and prosecution in accordance with the law, the detention measures will be automatically lifted when the criminal suspect is detained, and no legal procedures for lifting will be required.

11. Detention sites should establish and improve safety work responsibility systems for confidentiality, fire protection, medical care, catering and security, formulate emergency response plans, and adopt safety precautions. If a detained person dies, becomes disabled, or escapes, or other case-handling safety accidents or incidents occur during the detention period, prompt handling shall be carried out. Relevant situations should be reported immediately to the main person in charge of the supervisory authority and reported to the National Supervisory Commission step by step within 24 hours.

Legal basis: "Supervision Law of the People's Republic of China" Article 15 The supervisory organs shall supervise the following public officials and relevant personnel:

(1) China** *Civil servants of Communist Party organs, People’s Congress and its Standing Committee, People’s Government, Supervisory Commissions, People’s Courts, People’s Procuratorates, Chinese People’s Political Consultative Conference committees at all levels, democratic parties and federations of industry and commerce, as well as those with reference to the “ Personnel governed by the Civil Servant Law of the People's Republic of China;

(2) Personnel engaged in public service in organizations authorized by laws and regulations or entrusted by state agencies to manage public affairs in accordance with the law;

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(3) State-owned enterprise management personnel;

(4) Management personnel in public education, scientific research, culture, medical and health, sports and other units;

(5) Personnel engaged in management in grassroots mass autonomous organizations;

(6) Other personnel performing public duties in accordance with the law.