Administrative Measures For The Detention Center To Stay The Execution Of Punishment Of Criminals

Original Language Title: 看守所留所执行刑罚罪犯管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398625.shtml

Administrative measures for the detention center to stay the execution of punishment of criminals

    (October 23, 2013 the Ministry of public security to 128th published since November 23, 2013) directory

Chapter I General provisions

  Chapter II execution of criminal punishments

  Section reception

  Section II of the criminal complaint, accusation and impeachment

  Section III of temporary execution outside prison

  Commutation and parole the fourth section to draw attention to

Fifth Festival release

  Chapter management

  Section I put in charge

  Section II meeting, communication, the temporary

  Third life, health

Fourth assessment, rewards and punishment

The fourth chapter education

    The fifth chapter by-laws

    Chapter I General provisions

    First in order to regulate the detention center management to stay the execution of punishment of criminals, offender rehabilitation work under the People's Republic of China criminal law, the People's Republic of China Prison Act and the People's Republic of China Prison Ordinance and other relevant laws and regulations, based on actual jail sentences, these measures are formulated.

Second was sentenced to adult and juvenile offenders, before being executed, the remaining sentences of less than three months from the detention center to undertake the penalty.

    Adult and juvenile offenders sentenced to criminal detention, jail sentences. Third detention center should be set up special housing units or cells the supervision of an offender.

    Prison and cells should be established within the detention center guard fences.

    Article fourth offenders detention center management should adhere to punish and reform principle combination, a combination of education and work, to transform them into law-abiding citizens.

Fifth criminal personality not be humiliated, and inviolability of the personal safety and property, criminal defense, appeals, complaints and accusations, as well as other rights not deprived of or restricted.

    Shall abide by the laws, regulations and administrative provisions on detention of offenders, subject to management, access to education, in accordance with the provisions of labour force participation.

    Article sixth detention house shall safeguard the legitimate rights and interests of criminals, providing the necessary conditions for the exercise of the rights of offenders.

    Article seventh detention center to the attention of the criminal sentence, parole, or apply for temporary execution of offenders, there may be factors influencing the justice power, riches, to strict examination and approval in accordance with law.

    Article eighth detention activities of the execution of punishment on the offender shall be subject to the legal supervision of the people's Procuratorate.

    Chapter II execution of criminal punishments

    Section reception

    Nineth detention house upon receipt of the executed served on the people's Court of the people's Procuratorate's Bills copies of judgments or orders of the Court, and people notice, and closing date of registration form, should go through the offenders custody procedures, complete reception registration form, set out the basic situation of offenders, reception date, and after being signed by the civilian police, offenders transferred to the prison of offenders, or cells.

    Before the tenth article about the verdict is not in custody, after the need to enforce a sentence of detention of offenders, detention should be listed in this article Nineth instruments in custody, and collected criminal finger fingerprint information. 11th according to the article tenth detained criminals, the detention center should be checked for health and safety of the person, the goods.

The non-necessity of criminals should be registered, notified their families get back or jail custody; the contraband, shall be confiscated.

    Physical examination for female offenders, police carried out by women. Article 12th criminals when detained shall establish archives. Custody in the course of serving legal instruments and management material into archives. File one file of offenders, into forward gear and the file extension.

    Document includes custody documents, temporary execution of decisions, commutation, parole ruling, a certificate of release and other legal instruments; file extension including the custody register, talking education, offenders appraisal, reward and punishment, disease treatment, property holder, registration, and records management. After 13th detained criminals, the detention center should be the 5th criminal family members or guardians sent notice of execution of punishment of offenders.

    To the custody of foreign criminals, shall, within 24 hours of the report belongs to the public security organs.

    Section II of the criminal complaint, accusation and impeachment 14th a prisoner refuses to accept the legally effective judgments or orders, complaints, detention shall promptly transmit the material to the complaint the people's procuratorates and make a judgement for the people's Court.

    Criminals may also entrust its statutory representatives or near relatives to appeal.

15th a prisoner the right to sue, prosecute criminal acts. Detention center should be set up the accusation, the reporting Office box, receiving complaints and accusations made by prisoners.

    Criminals can also direct complaints or accusations to the police.

16th on criminal charges and accusations made to the detention center, detention house shall from the date of receipt of the materials within 15th; criminal charges and accusations made to the people's courts and people's procuratorates, the detention center should be transferred from the date of receipt of the materials in the 5th.

    Detention center to the accusation, the reporting process or transfer the relevant departments, shall promptly the situation or informed of handling results anonymous complaints and accusations of criminal.

    Article 17th detention center during the process of execution of criminal punishments, decisions may have errors have been found, it should be to the people's Procuratorate or a people's Court for handling.

    Section III of temporary execution outside prison

    18th criminal is in conformity with the People's Republic of China criminal law provisions of the conditions of temporary execution outside prison, and his legal representatives or near relatives may apply in writing to the detention center, disciplining police or jail doctors can submit written observations.

19th detention center after receiving the temporary execution of applications or opinion, shall convene the research, after examination and according to the different situations to condition the offender identification, identification or unable to take care of a pregnancy test, failed at first instance, it shall apply in writing to the written opinion or the personnel informed reason.

    Should be documented and signed by the participants.

20th article on temporarily to outside prison criminals of illness identification, should to provincial government specified of hospital for; pregnancy check, should to hospital for; life cannot themselves identification, by guards by is in charge of by led, and discipline police, and detention center doctor, and standing by prosecutorial personnel, composition identification group for; on is nursing himself baby of women, detention center should notification criminals household location or live to of police organ issued related proved.

Unable to take care of, is because of illness, disability or infirm in daily life to get up, eat, walk, potty, unable to make their own, must be assisted by others to complete.

    To apply for medical treatment may be a risk to the public of offenders, or self-inflicted self-destructive criminals shall not be released for medical treatment. 21st prisoner needs medical parole, shall by the offender or the offender's family members to provide a guarantor.

    Sponsor identified by the detention review.

22nd guarantor shall meet the following conditions:

(A) willing to accept a surety obligation, with full capacity for civil conduct;

(B) and not subjected to restriction of personal freedom and political rights;

(C) have a fixed residence and income, conditional discharge obligations of the guarantor;

    (D) the guarantor living together or living in the same jurisdiction of county-level public security organs.

    23rd guarantor shall sign a bail bond.

During the 24th prisoner released on medical parole, the surety shall fulfil the following obligations:

(A) assist community corrections agencies oversee the warrantee to comply with laws and regulations;

(B) found that leave the city or County of residence was the guarantor, change residence, illegal and criminal acts to bail conditions disappear, or be guaranteed death, immediately report to the community corrections agencies;

(C) for the treatment, care, review of the guarantor as well as help normal life;

    (D) supervise and assist the guarantor in accordance with provision for regular review the illness and to report to the executive body. 25th on the need of temporary execution of offenders, detention shall fill in temporary execution of form, and disease identification, identification of pregnancy test certificate, unable to take care of, or breast-feeding her baby proof needs medical parole, should at the same time a report of bail bond.

County Detention Center related material should be reported to the respective public security organs for examination and approval, located above city level public security organ; detention above city level should be divided into districts related material belongs to the public security organs for examination and approval.

Detention center in submit material at the same time, copies of temporary execution of form, the disease should be identified or proof of pregnancy diagnosis, living alone for identification, breast-feeding her baby proof, bail bond related material, such as copies of the CC people's Procuratorate Office inspection room.

    Approval of temporary execution of public security organ after receiving the people's procuratorate considers that temporary execution outside prison inappropriate comments, should be re-verification of temporary execution of decisions.

    Article 26th detention House approval, authorities received temporary execution outside prison after the decision, shall go through the procedures of offenders and issue temporary execution of decisions and inform the offender shall comply with the provisions.

    27th article temporarily to outside prison criminals served to and live to is not same provincial or set district of city level above police organ area, need back live to temporarily to outside prison of, served to of provincial police organ regulatory sector or set district of city level above police organ regulatory sector should written notification live to of sibling police organ regulatory sector, by live to of police organ regulatory sector specified detention center received criminals archives, and is responsible for handle prison or penalty full release, procedures.

    28th detention center temporary execution of criminals should be sent to the residence of offenders, and transfer procedures with county-level judicial administrative authority.

29th public security organs of temporary execution of criminal decisions of prison execution, carried out by the criminals to detention in prison of offenders living.

    Detention of temporary execution of a criminal is put in execution of court decisions, should be executed before the punishment sentence remaining offender under three months of age.

    Article 30th offenders during the period of temporary execution of sentence, detention should be for its release from prison procedures.

    31st prisoner died during temporary execution outside prison, detention shall be notified in writing of the Executive Body under the criminal file, and indicate in the registration form.
Commutation and parole the fourth section to draw attention to

    Article 32nd meets the conditions for commutation or parole of offenders, correctional police recommendations reported detention center will be decided.

    Should be documented and signed by the participants. 33rd detention center will study consent, should be brought to the commutation and parole offenders list as well as commutation and parole publicity in the detention center. Public notice for a period of three working days.

    Public notice period, if police or criminals on the public challenge, the detention center should be reconvened to review and inform the review.

    Article 34th public complete, Director of the detention house shall sign the criminal sentence and parole form, stamped with the seal of the detention center, making drew the commutation and parole proposal districts after the above city-level public security organs for examination and approval, and drew attention to the intermediate people's Court, where along with related materials, copies and related materials and proposals CC, a people's Procuratorate.

35th detention center when the commutation and parole cases before the people's Court shall be sent to the following materials:

(A) draw the commutation and parole proposal;

(B) the judgments of the Court of final appeal, enforcement notices, copies of the previous commutation of award;

(C) prove true repentance of offenders, crime or major meritorious services specific written material;

(D) the criminal review, rewards and punishments form and other relevant materials;

    (E) the circumstances of the case, requires the transfer of other materials.

    Article 36th in the people's Court for commutation and parole before the detention center found that offenders do not meet the conditions for commutation or parole, it shall withdraw attention of commutation and parole proposal; commutation and parole decision comes into effect, detention center found that offenders do not meet the conditions for commutation or parole, the people's Court shall make an order in writing to the revocation of the recommended.

    37th detention center after receiving the Court ruling of parole, should go through the criminal procedure, issued certificates of parole and sent criminal related material within the 3rd criminal judicial administrative organs at the county level of the residence.

    Article 38th paroled criminals are the people's Court shall rule to cancel the parole, detention shall, upon receipt of the revocation of parole decision the criminal is put in prison.

    39th prisoner dies during parole, detention shall be notified in writing of the Executive Body under the criminal file, and indicate in the registration form.

    Fifth Festival release

    40th detention shall, within one month before the expiration of the sentence, in its performance, integrated assessments, help and education recommendations sent to the domicile County-level public security organs and judicial administrative organs (placing help and Education Office of the coordination group).

41st criminal sentences, detention centre shall release him as scheduled and issue certificate of release from prison and inform its provisions within the time limit, take the certificate of release from prison to the original domicile police substation for the registration procedures; money in escrow, the detention center should be returned.

    Persons released from prison suffering from serious illness, detention shall be notified to take back their families.

    42nd deportation of foreign criminals be sentenced to additional, the detention center should be in the 10th before the sentence of offenders notify the public security organ of exit-entry Administration.

    Chapter management

    Section I put in charge

Article 43rd detention center should be male and female prisoners, adult and juvenile offenders held separately and managed.

    Conditions of the detention center, according to the type of crime, punishment of offenders types, character, psychological, health, reform, held separately and the management of offenders. 44th detention center should be according to the rehabilitation of offenders, the grading of the punishment imposed on offenders are different from treatment.

To apply classification treatment of offenders, in accordance with the relevant provisions, based on the assessment of offender rehabilitation results and should be adjusted according to the situation.

    On the different levels of treatment of criminals, the detention center should be in the scope of their activities, to meet with communications, receiving goods, sports activities, awards, respectively the corresponding treatment.

    Section II meeting, communication, the temporary Article 45th criminals and their relatives or guardians meets one to two times a month, no more than one hour at a time. Coming to meet with offenders who are not more than three persons at a time.

    Due to special circumstances call for extension of the meeting time, increasing the number of meets, or requested to meet people outside of their relatives, guardians, should be approved by the prison leadership.

    Article 46th criminal lawyer meeting with entrusted from lawyers to apply to the detention center, detention house shall examine the letter of Attorney, law firm, and solicitors practising certificate, and arrangements within 48 hours. 47th according to our participation in the International Convention on consular treaties concluded and relevant regulations, foreign embassies (consulates) officials asked visiting criminals of their nationality, or foreign offender's relatives, guardians are requested to meet for the first time, shall apply in writing to the provincial public security authorities. Detention center under the provincial public security authorities ' notice in writing and arrangements.

Foreign criminals again requested to meet relatives or guardians, you can directly apply to the detention center.

    Foreign criminals denied their country Embassy (Consulate) visits of officials or their relatives, guardians, the detention center is not arranged, but criminals shall issue a signed written statement. 48th article approved by the detention center leadership, criminals can be relative, guardian to a specified fixed-line calls; foreign criminals can also work with their respective Embassy (Consulate) calls.

    Call costs borne by the offender.

    49th criminals can use their native spoken and written languages of ethnic minorities met, communication; foreign criminals can use their own spoken and written languages meeting and communication.

50th meeting should be conducted in the jail visiting room.

Inconvenience to close relatives, guardians of offenders detention center meets, upon their application, the detention center can arrange video meeting. Meetings and communications shall comply with the relevant provisions of the detention center.

    Violation of provisions of the detention center to suspend this meeting and communication. 51st criminals can communicate with its relative or guardian.

Detention center should check on the prisoner's correspondence, letters found to hinder rehabilitation of offenders can be detained.

    Criminals to jail authorities and the judiciary's letter, is not subject to censorship.

    52nd handling organs for handling criminals need to understand the situation, work permits should be issued by the authority for handling and investigators, and detention center leadership approval is carried out in the detention center.

53rd scrumming, identification, trial testimony, trial and other offenders need to be jail, handling authority shall issue a letter, approved by the prison leadership proposed, and returned on the day.

Investigative organs for handling other cases need to be temporarily sent off to remote detention of offenders and evidence collection, and investigative organs in districts of city-level public security organ above letter, detention should be allowed, and go through the relevant formalities.

    People's Court for retrial hearing offenders need to be jail, and hold a written decision on the people's Court for retrial or criminal orders, or the people's Procuratorate of protest, the detention center should be allowed, and go through the relevant formalities.

    54th sentenced to criminal detention home One-Two day of every month, and submit an application by the offender, correctional police signing, after examination by the Director of the detention center, and belongs to a public security organ. 55th sentenced criminals apply for visits of foreign nationality, detention shall be located above city-level public security organs for examination and approval.

Above city levels divided into districts approve decisions of the public security organs shall be reported to the public security organs at a higher level for the record.

    During a visit by foreign criminals sentenced to criminal detention, no exit.

56th granted home detention of criminals, sent to home detention should be proved and informed shall comply with the relevant provisions.

    Criminals used home time cannot be set, not the end of the sentence as the home time, early release of criminals in a disguised form.

    57th criminals need to apply for registration of marriage and other civil legal act must be performed by the principal himself, shall apply in writing to the detention center, detention center leadership approval out of the process, consisting of at least two civilian police escort, and returned on the same day. Article 58th of offenders in civil proceedings when required to appear in court, should entrust the agent ad litem to appear in court.

For litigation involving personal relations must be made by the offender to appear in court, with the people's court appearance notice temporary away from the formalities by the people's Court of judicial police escorting the custody and returned on the same day.

    Due to special circumstances of offenders should not be left to appear in court, the detention center could negotiate with the people's Court, according to the People's Republic of China provisions of the code of civil procedure section 121th, trial by the people's Court to a detention center.

    59th prisoner in case of spouse, parents, children critically ill or dies, is absolutely necessary to my home address, certified by the local police station, detention center permission from police leadership, temporarily, by at least two police escort, and returned on the same day.

    Third life, health

    60th meals of offenders in accordance with financial institutions, public security departments to develop physical standards.

    61st criminals should be uniform. 62nd prisoners of minority ethnic groups, and shall respect their life and eating habits.

    Ill treatment of offenders during the detention center should appropriately raise food standards. 63rd items received for criminals in jail should be checked, non-daily register kept by the guards.

Criminals receive money from jail custody, and issuing debit cards and criminal.

Jail inspection, after receiving articles to criminals, money shall be issued a receipt and send people, sending people. Criminals can be used in accordance with the relevant provisions of articles and spending money.

    Offenders released from prison, money balances and my by himself back.

    64th on the risk of criminal detention center should be timely treatment; for patients suffering from infectious diseases need to be treated in isolation, should be isolated and treated in a timely manner. 65th prisoner dies during imprisonment, detention shall immediately report belongs to the public security organs, and inform the prisoner's family members, and people's procuratorates, upheld the people's Court.
Deaths of prisoners of foreign nationality, it should be immediately cengbao to provincial-level public security organs.

Deaths of prisoners from detention center belongs to the public security organ or the hospital for identification of causes of death.

    Disagrees with the prisoner's family members, can contribute to the people's Procuratorate.

    Fourth assessment, rewards and punishment 66th detention center should be in accordance with the principles of openness, fairness and justice, and on rehabilitation of offenders quantitative performance evaluation. Evaluation completed by a correctional police.

Examination in criminal suit law, pleading guilty to comply with regulations, such as access to education, participation in the labour situation as the main content.

    Assessment results to the classification of offenders treatment, rewards and punishments, and drew attention to the commutation and parole basis.

67th criminals in one of the following circumstances, prison may commend or award him, or those who have:

(A) compliance with regulations, study hard, Active Labor, has pleaded guilty to serving law;

(B) prevent the illegal and criminal activities;

(C) caring for or in labour savings in raw materials and achievements;

(D) technological innovations or transfer of production technology, there is a certain effect;

(E) make a certain contribution to the disaster prevention or elimination of the accident;

(Vi) other contributions to the State and society. The material rewards of criminals or those who have views put forward by the correctional police, and economic incentives approved by the guards, victory will be decided by the detention center.

    Sentenced criminals in one of the situations listed in the preceding paragraph, in prison, consistently good, left the detention center will not result in further harm to society, and detention according to the relatives. 68th applications from relatives of prisoners should be guaranteed by the family members, the works at the detention center will examine the agreement, belongs to the public security organ's leadership for approval. Family time without journey time for Three-Seven.

Criminals during the visits shall not leave the family residence, no exit.

Detention should be documented and signed by the participants.

    Criminals from the visit schedule may not be in the final phase of criminal penalty, early release of criminals in a disguised form. 69th on visits by criminals, detention shall issue certificates of relatives. Criminals should be at home day, carrying relatives of certificates reported to the local police station.

    Upon his return to jail, from the police station by their performance during the visit from relatives indicated on the certificate.

70th criminals in one of the following acts obstructing the order of supervision, minor, with a warning; the plot of, be a demerit in serious cases be confinement constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) gathers, disturb the normal order of supervision;

(B) verbal abuse or assault of civilian police;

(C) bullying other offenders;

(Iv) theft, gambling, assault, affray;

(E) Labour refuses to participate in labour or slack, education does not change;

(F) means of self-harm, self-mutilation to avoid labor;

(G) intentional mishandling in productive labor, or deliberately damage tools;

(VIII) other acts in breach of prison regulations. Comments on demerit, imprisoned by the discipline of the criminal police, detention center leadership for approval.

    Closed for Five-10 day, suspended during a closed meeting and communication. 71st detention for incarcerated offenders, and shall designate education help.

    Does repentance, can rescind the detention, submit written observations by penitentiary police, detention center leadership approved detention expires, it should be immediately closed.

    The fourth chapter education

    72nd detention center should establish education and reform of the criminal system, criminal law, morals, culture, skills, and education.

    73rd education of criminals should be according to the offender's crime and criminal causes, malignant degree and thought, behavior, psychological characteristics, adhere to the principle of differential treatment in education, reasoning, results-oriented, combining collective education and individual education, by combining education with the education method.

    74th under any of the conditions of the detention house shall set up a classroom, conversation room, sports room, library, reading room, audio-visual room, counseling room, education establishments, and equipped with the necessary facilities.

    75th detention center in connection with current affairs, politics, events and other timely collective education for offenders.

    76th detention center should be based on the specific circumstances of each offender, timely targeted education. 77th detention center should actively seek community support, with the detention center for social assistance and education activities.

    Detention center can organize prisoners to visit the community learning and education.

78th detention center should be depending on the circumstances, offenders education, encourage prisoners to study.

    Offenders can participate in the country's higher education self-study examination, detention center should provide convenience for study and examination of offenders.

    79th detention center should strengthen the construction of prison culture, organize prisoners to conduct proper sports activities, creating an environment beneficial to the physical and mental health of offenders and development.

    80th prison shall organize prisoners to work, develop skills, and actively create conditions and organize prisoners to participate in various types of vocational and technical education and training.

81st for criminals in jail time with reference to national provisions on working hours.

    Offenders have the right to rest on statutory holidays and rest days.

    82nd jail for labour force participation of criminals could be increased slightly, to remuneration and the implementation of national provisions relating to labour protection.

    83rd prisoner labor is injured, disabled or killed, processed by the detention center reference to the relevant provisions of the national labor insurance.

    The fifth chapter by-laws

    84th prisoner in jail committed new crimes within and by the respective public security organs to investigate.

    85th detention center found offenders before a sentence is undiscovered crime, public security organs shall report in writing belongs.

    86th district of city-level public security organs held can be set according to the actual situation set to remain above the execution of punishment on criminal detention center.

    87th of various provinces, autonomous regions and municipalities directly under the Public Security Bureau, the Bureau and the Public Security Bureau of Xinjiang production and construction Corps can be based on this approach to implementation details. 88th article this way since November 23, 2013. Released on February 29, 2008 of the detention center to remain the administrative measures for the enforcement of sentences of offenders (Ministry of public security, the 98th) repealed simultaneously.