Implementation Measures For The Detention Centres Ordinance

Original Language Title: 拘留所条例实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385436.shtml

Implementation measures for the detention centres Ordinance

    (December 14, 2012 the Ministry of public security announced come into force on the date of promulgation, 126th) directory

    Chapter I General provisions

    Chapter II sets and security

    Chapter III receiving arrested

    The fourth chapter management

    The fifth chapter life and health

    The sixth chapter communication, meeting, asking

    The seventh chapter leave out the

    The eighth chapter education

    The Nineth chapter released from custody

    The tenth chapter by-laws

    Chapter I General provisions

    First in order to regulate the establishment and management of the detention unit, corrections and education of detainees, to protect the legal rights of detainees, ensure the smooth implementation of detention, according to the detention centres Ordinance and the provisions of relevant laws and administrative regulations, these measures are formulated. The second Ministry of public security, responsible for the management of detention facilities nationwide. Local people's Governments at or above the county level shall be responsible for the administration of public security detention facility management.

    Railway, transportation and forest system in public security organs and the public security border Defense Department in charge of the management of the system of detention.

    Article III detention facilities should adhere to the law, management science, civilization, and guarantee the detainee's personal safety and legitimate rights and interests according to law, respect the detainee's personality, not humiliation, corporal punishment, ill-treatment of detainees, or instigating or condoning people to humiliation, corporal punishment, ill-treatment of detainees.

    Detainees should be subject to the management and education.

    Article fourth places of detention should be law enforcement, subject to public supervision.

    Article fifth detained in detention centres, the implementation of the following persons:

    (A) by public security and State security organs shall be subject to administrative punishment of people;

    (B) the Court decided to detain individuals;

    (C) the nature of compulsory administrative measures by the public security organs shall be subject to on-site persons detained.

    Detained by the public security organs in accordance with the decision of people, and is decided according to law, and sentenced to deportation or who decided to deport but cannot perform according to law, can be held in detention.

    Chapter II sets and security

    Article sixth places of detention by the local people's Governments at or above the county level in accordance with government agencies as required sequence settings.

    Detention establishment or withdrawal, local public security organ of the people's Government at or above the county level, by the financial Department of the people's Government at the Agency and staffing management and audit, reported to the people's Government at the same level, and escalating provincial public security organ for the record; railways, transportation and forest systems of the public security organs and the public security border Defense Department set or Cancel when the detention, in accordance with the limits of authority and procedures for examination and approval.

    People's Governments above city level police organs you can set several detention centres recommends that the people's Governments at the same level as needed, arrested a central collection area, counties, cities, and flags of the detainee.

    Public security organs of the people's Government at the provincial level in the area does not have the enforcement conditions of detention can be ordered to stop receiving detainees arrested. Article seventh detention authority name of XX province (autonomous regions and municipalities), city (region, State, AU), County (city, district, flags) detention facility.

    Railways, transportation, forest system police detention facility name to XX rail (transportation, forest), police station (place) the detention unit, the public security border Defense Department detention facility name is XX public security Frontier Corps (detachment) XX of detention.

    Eighth, Director of the detention facility established pursuant to article 1, 2 or more, Deputy Director, and in accordance with the relevant provisions of Political Commissar or instructor.

    Nineth detention facilities should be based on the work you need to set the appropriate organs, is equipped with the appropriate number of your detention and correctional, monitoring, inspections, technical, accounting and other civilian police and establish a responsibility system.

    Public security organs may hire civilian involvement, assist in the detention facility of the comprehensive secretarial skills, education and training, psychological treatment, health, monitoring, technology, police protection and other non-law enforcement.

    The public security organ shall employ a certain number of workers engaged in detention wards.

    Tenth section construction of the detention facility shall comply with the relevant national standards, building programme shall be approved by the provincial public security organs for examination and approval.

    11th detention should be governed by the relevant provisions of article is equipped with weapon or police apparatus, transport, communication, information, technology, education, training, cultural and sports activities, emergency treatment, psychological treatment, sanitary, medical and fire-fighting equipment and facilities.

    12th detention infrastructure funds, repairs, daily public funding, case (business) requirements, equipment requirements, a detainee supplies funding by public security organs, the people's Governments at the corresponding level in the budget be covered in full.

    Local people's Governments at or above the county level public security organs shall, in conjunction with the finance departments in each detention people food, medical and other supplies expenses for approved.

    Chapter III receiving arrested

    13th places of detention should be made with the custody, detention, deportation, deportation decisions or judgements (hereinafter detention authorities) issued by written decision of administrative penalty and the people's Court decision to detain, written decision on detention review, resume the execution of detention decisions, written decision on deportation, deportation decisions or judgments and other legal instruments received arrest and detention of people.

    Offsite your arrests, detention with detention authorities decision to detain instruments, need remote receiving detention written approval received in charge of public security organs and detention centres detainees arrested. Detention charge sent offsite handling temporary arrested Joab detainees shall be approved by the competent public security authorities of the detention, detention decision organs of legal instruments or send other related charge to prove your arrest.

    Temporary mail generally do not charge for more than 3 days.

    Railway police organs decide to administrative detention of a person referred to in police detention facilities under the jurisdiction of the railway there is difficulty in the implementation, of legal instruments by the detaining authorities along the nearby railway local detention facilities under the jurisdiction of public security organs for the implementation.

    14th take when arrested, detention sent shall examine the arrested personnel documents and legal instruments to verify the detainee's identity.

    15th detainee detention charge caught, their person and belongings should be checked, it is strictly prohibited to bring contraband into detention. Detention of non-essentials and cash kept by the detention register and uniform.

    Detention police should and was detention people face to face inventory, and check Hou fill in was detention people temporarily save items, and cash receipt (a type three copies, a copies by was detention people receipt portion, a copies together with items, and cash save custody room, a copies detention left for stub), indicate items, and cash of name, and specifications, and number, and weight, and features,, by detention police and was detention people common signature confirmed.

    Detainees found carrying contraband or other articles in connection with the case, detention shall be made out by the detainee transfer contraband, articles list (a set of three copies, detainees, in detention facilities and detention authorities a copy of), sent by detained staff, civilian police and the detainee in detention to sign, it reverted to detention decisions approved by the detention facility leadership organs according to law. Detention detention the detainee should charge from more than 2 civilian police.

    The physical examination of female detainees, should be carried out by a female civilian police.

    16th detainee detention charge caught, should be carried out by doctors on the health check, and fill in the health examination form.

    Found the detainee bodily injury or exceptional circumstances, detaining authorities shall present the relevant information notes detention registration conditions or exceptions in detail and send arrested persons and detainees to sign.

    17th found the detainee may be wrongly detained, the detention unit shall issue a possible error notice of detention, inform the detaining authorities, detention decision authority shall make a decision and notify the detention within 24 hours.

    18th detainee has any of the following circumstances, the detention unit not receiving arrested and does not receive notice of arrest issued, notification of the detention decision:

    (A) under 16 years of age or have reached the age of 70;

    (B) has attained the age of 16 under the age of 18, violating the Administration for the first time;

    (C) pregnant or nursing their own infants under one year of age;

    (D) the review of detainees suffer from serious illnesses;

    (E) other circumstances as not suitable for the application of detention reviews. Received after the arrest found that detainees have one of the above circumstances, detention shall immediately issue a recommendation until further notice, inform the detaining authorities.

    Decision to detain should be dealt with immediately and notify the detention facility.

    19th your arrest or charge after the arrests, detention facilities found that detainees had any of the following circumstances, shall issue a recommendation to stop the implementation of detention notice, decision recommended to the authorities to stop execution of detention detention:

    (A) the treatment of mentally ill or suffering from any infectious disease isolation;

    (B) serious condition may endanger the safety of life;

    (C) unable to take care of;

    (D) treatment due to illness in the short term cannot be cured.

    Detention authorities should immediately stop implementing decision and notification of the detention places of detention.

    Article 20th found the detainee, ingestion or injection of drug addiction, detention should be brought to the public security organs in charge of the detention the detainee legally ordered community drug rehabilitation or compulsory isolation rehabilitation decisions.

    The ingestion or injection drug addicts sentenced to administrative detention, conditions of detention did not have drug treatment, compulsory isolation rehabilitation can be managed by the public security organs carry out administrative detention.

    21st closed after the detention the detainee and detention detention should be issued by the authorities accept detention receipt.

    22nd when received arrest and detention, detention shall inform the detainee in detention shall have the right to and shall abide by the provisions.

    Received after the detention the detainee detention authorities shall promptly notify the detained person's family members.

    Article 23rd detention charge detainees arrested, should fill in the registration form for detainees, collected the detainee basic statistics, photos and other information, and key in management information system of detention.

    The fourth chapter management
Article 24th detention facility shall establish a management system and the implementation of management measures.

    25th detention facilities should be installed and using technologies such as video surveillance equipment for the detainee are comprehensive safety monitoring in real time. Surveillance data for at least 15 days.

    Detainees in custody death, physical injury, may bring the national claims, detention should burn the relevant surveillance data to be retained. Article 26th detention facility shall establish a registration system.

    Staff enter the detention area required by non-approved by the lead, and led by the civilian police. 27th places of detention should be established, led by shift, 2 or more civilian police duty system of inspection tours.

    Duty officer should observe the position to step up inspection of monitoring, problem reports in a timely manner, handle and log shall not be absent without leave.

    28th detention facility shall establish a shift system, shift workers should pay the number of detainees, detention room management dynamics and matters need attention, and sign the log.

    Article 29th of detention shall, according to the detainee's sex, age and other management needs, detainees were in custody and management.

    On nature of compulsory administrative measures of detention, detention, deportation, deported persons, should be detained separately from the other detainees, and management.

    Direct management of female detained persons should be carried out by a female civilian police.

    Article 30th places of detention should be according to the specific situation of detainees during their detention, and implemented at different levels. 31st detention imposed discipline police arrested a management accountability.

    Each room in addition is equipped with the competent police arrested, but should also be equipped with a coordinator of civilian police, assumed custody management, education, and so on.

    Discipline should be well informed of the police is responsible for the management of the detainee's basic situation, State of health, in a brief case, ideas and performance.

    32nd detention facility shall establish and implement the detainee administrative rules and living systems regulate detainee behavior, arrange the detainee life, learning, cultural and sports activities, and implemented by the police organization, site supervision.

    Article 33rd detention should detainees daily in the performance appraisal system, assessment results as the detainee basis for reward and punishment.

    Article 34th detainees, one of the following acts, detention facilities should be praised or rewarded:

    (A) comply with provisions on the administration of detention with outstanding performance;

    (B) report and expose crimes of verified;

    (C) the Suppression of illegal and criminal acts.

    Praise and rewards shall be subject to detention facilities approved and recorded in the detainee managed archives.

    35th detainee has one of the following acts, detention facilities should be admonished, ordered to separately according to different scenarios according to law of repentance:

    (A) the booing riot, assault;

    (B) assault, corporal punishment, abuse, insult others;

    (C) the intentional damage to places of detention of property or violate the property rights of others;

    (Iv) premeditated or implement the escape, assault, suicide, self-harm, self-mutilation, swallowing foreign bodies and hidden contraband;

    (E) imparting criminal methods or abetting crime;

    (F) attacks on police and other staff;

    (VII) other acts in violation of administrative provisions on detention.

    Sermons on detainees and ordering of repentance, decided by the prison police and executed and recorded in the detainee managed archives.

    Article 36th detainees, one of the following circumstances, detention can legally use firearms:

    (A) treatment due to illness, may escape, assault, suicide, self-harm or other risk behaviors;

    (B) these measures article 35th of one Act and the circumstances are serious. Use of firearms against detainees, presented by the correctional police, fill in the use of firearms by form, approved by the commanding officer. Use of apparatus shall comply with the provisions of relevant laws and administrative regulations.

    Safety hazard or detained persons subject to management, education should stop immediately after the use of firearms.

    37th detention should be periodic safety checks to detect and eliminate security risks. Detention room security checks less than 1 times a day, the supervisor or Coordinator's arrest police are responsible for.

    Safety inspection not less than 1 time per week, and implemented by the leadership for detention detention of civilian police.

    Article 38th of detention the detainee on a regular basis thought dynamic analyses, research found, find security risks, security measures in a timely manner. 39th detention emergency mechanism should be established to develop disposal plans and timely organization drills.

    In case of emergency, should take decisive measures, and disposed of in a timely manner.

    40th detainees lodged a complaint or accusation, may apply for administrative reconsideration, request for State compensation, administrative proceedings or to apply for a stay of execution of administrative detention, detention shall, within 24 hours after registration related materials transmitted to the relevant authorities, shall not be inspected or seized. Administrative detainees who apply for a stay of execution of administrative detention, detention authorities should immediately after receipt of the application for review.

    Decision of detention authorities detained persons suspension of administrative detention, suspend the application of the decision in writing shall be made of detention.

    41st detainees during their detention in the new suspected of crimes, the detention unit shall report to the competent police authorities.

    Detention facility found in detention before the person detained are suspected of other criminal or suspected criminal detainees report and expose others, register of crimes should get a clue and make crime clues transmitted letters to inform the relevant authorities, detention cases the competent authority shall verify in a timely manner and feedback.

    42nd detention detention should be established to manage archives and kept by hand.

    Detainee administrative files including: into the relevant legal instruments, detained persons registration form, into the health examination form, rewards and punishments and custody records, property records, the information should be kept.

    Access to detainee management archives should be approved by the commanding officer.

    The fifth chapter life and health Article 43rd detention detention property management system should be established to keep detained property. For the detainee collection, hosting registration, accounts, purchase of goods shall be clearly understood.

    Purchase goods only for daily necessities and food, prices may not be higher than local market prices. Detention of the detainee relatives transmitted or mailed check, registration of property should be.

    Necessities referred to the detained person, cash kept centrally by the detention, non-necessities are not received or kept centrally by the detention.

    44th detention shall be in accordance with the required standards to provide detainees with food, and to respect the national diet.

    Article 45th detention facility shall ensure that the detainee arrested outdoor activity time of not less than 2 hours a day.

    Article 46th detention facility shall establish a medical and epidemic prevention system, do a good job, clinics, treatment of disease and epidemic prevention. Detention of sick detainees shall be treated in time.

    To need treatment, approved shall be subject to detention centres and police supervision.

    Detainees with HIV drug addiction or mental disorders may self-harm, self-mutilation or other dangerous acts, detention shall be treated and subject to restrictive measures can be taken.

    Detainee's condition is serious, the detention shall immediately take emergency measures, and to report to the competent police authorities and inform the detaining authorities and relatives of the detained person. 47th detainee died in custody, the detention unit shall immediately report to the competent police authorities and inform the decision to detain, the close relatives of the deceased.

    The public security organs in charge of the detention facility shall immediately notify the people's Procuratorate at the same level, and make the identification and handling of detainee deaths and other matters.

    The sixth chapter communication, meeting, asking 48th detention center security detainees in the detention of communication, met with rights.

    Detainees shall comply with the communications, meetings with management of the detention facility. 49th field nature of compulsory administrative measures of detention, detention, deportation, deportation and other correspondence, telephone conversations and meetings shall be approved by the detaining authorities.

    Decision of detention authority shall reply within 12 hours after receipt of the application. 50th detainees are subject to inspection and seizure of correspondence with others, registered by the detention facility, sending and receiving.

    Found in the letter a may be contraband, civilian police may order the detention of people in detention, open letter to security checks. 51st detainees need a call, an application shall be submitted to the police, after approval, the use of detention within the fixed-line phone, call costs are in principle at their own expense.

    Calling detainees shall comply with provisions on the administration of detention, there is generally no more than 3 times, no more than 10 minutes at a time. 52nd meeting the detained person shall hold a valid identity document. Detainee's lawyer met with detainees should also be a lawyer's practice certificate, proof of law firm and a power of attorney or letter of legal aid.

    Detention of civilian police shall examine the meeting of associated documents, vouchers, and fill in the registration form for meeting with detained, be arranged in a timely manner. Meets with detained persons should be specified in the detention time, region, and comply with detention facilities meet regulatory requirements. Detainees are generally not met more than 2 times, and every time he met with no more than 3 people, with more than 30 minutes at a time.

    Special cases require non-meeting day meeting or increase the frequency, strength and duration of the meeting, should be approved by the detention facility leadership.

    Detainee's lawyer met with the detained person not subject to number and time constraints, but should be carried out during normal working hours.

    Violations of the provisions met with management, custody can be a warning or be ordered to stop the meeting.

    After the meeting, detention facilities should conduct physical checks of detainees sent back to the detention room.

    After the detainees or their relatives and friends application, conditions of detention of detainees can be arranged for remote video meeting.
53rd of foreign embassies and consulates the consular officer may, in accordance with the relevant treaties, conventions with the nationality of the detainee.

    54th detainees in writing expressly refused to meet, detention facilities should agree and notify request to meet people.

    55th investigators asked the detainee should be held units for handling correspondence and investigators work documents, fill out the registration form for asking detainees, detention facility approval in the inquiry room within the leadership.

    People detained for investigators need solutions, solutions of officials above the county level shall take the organ primarily responsible for handling approved instruments and solutions for effective work of the personnel documents, after approval by public security organs in charge of detention facilities, fill out the registration form for proposed solutions were detained, before they can take out the outer and return on that day.

    Ask and asking each detainee, inquiries, solutions shall be not less than 2. Inquiry, carry out before and after the end of questioning, solutions, detention centres detainees after a physical examination should be taken out or sent back to the detention room. Detention facility found the detainee in question, after the exceptional circumstances, handling unit clarification should be requested.

    Detention considered description of handling units is inconsistent with the actual situation, shall promptly report to the public security organs in charge of the detention facility to investigate.

    The seventh chapter leave out the

    56th detainees have to participate in entrance examinations, the birth of a child or close relative seriously ill and dying, the detained person or his or her close relatives can apply for leave, and provided related proof materials. Detention after receiving the detainees leave out the application should immediately review comments, fill out the detainees leave form, detaining authorities for approval.

    Decision to detain should be detained or his close relatives within 12 hours that applied the decision whether or not to grant leave.

    Authorities leave to the detention decision, evidenced by the detention facility to the detainees leave, arrangements for the detainee. Leave out the time normally not more than 7 days.

    People leave out the time in detention are not included in the period of detention.

    57th detainee or his close relatives to leave the application, shall be guarantor to a detention decision authority, or according to the remaining period of detention daily standard of 200 Yuan deposit.

    Guarantor shall comply with the following conditions:

    (A) detained persons not involved in the case;

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

    (C) local permanent residence and domicile;

    (D) performance of the secured obligation. Sponsor should ensure that the principal on leave after a return from places of detention.

    Sponsor does not leave out the performance of the secured obligation, which was a surety does not belong or is not returned on time, by the public security organs on the penalty of between 3000 Yuan.

    Detainees leave on time after returning, the detention decision authority shall pay the security deposit refund to pay people in a timely manner; detainees leave does not belong or is not returned on time, the margin shall be confiscated and turned over to the State Treasury. Article 58th detainees leave out the expiration, expiry of the detention shall be made out by detainees leave out the notices inform the detaining authorities in a timely manner.

    Not to leave out, responsibility of the detaining authorities to be brought back to the places of detention continued detention.

    The eighth chapter education

    Article 59th of detention should be established education system, the detainees were legal, moral, cultural, current events, policy, rules, behavior, skill training, mental health, and education.

    60th on the education of people in detention, can take collective classification of education, education, education, psychological therapy, friends and relatives urged, form of social help, advise.

    Detention shall, within 24 hours by the detainees into talking education for the first time, in a talk before the detention education.

    The collective education of detainees not less than 10 hours per week.

    Article 61st of detention should be carried out daily organize detainees appropriate cultural and sports activities.

    62nd detention should be carried out within the culture building activities, creating benefit health in detention, detainees know wrong, admit, and correct the mistakes of the cultural environment and atmosphere.

    63rd detention facilities on the premise of ensuring security and detainee voluntarily, detainees could be organized at the appropriate education or vocational skills training.

    Detention shall not be forced or disguised forced detainees to engage in productive labor.

    The Nineth chapter released from custody

    64th detainee detention expired, authorities decided to stop execution of detention detention or detention authorities decided to suspend the application of administrative detention, detention facilities should verify their identity, identification of relevant legal instruments, issued certificates of detention, detention on time.

    65th detainees in detention, one of the following circumstances, detention units for handling transferred detainees should be:

    (A) shall be decided to deportation, deportation or expulsion, deportation;

    (B) decide to implement criminal compulsory measures by law;

    (C) shall be determined community rehabilitation, compulsory isolation rehabilitation;

    (D) decided to take compulsory measures by law. During the transfer of civilian police shall verify the detainee in detention capacity, detecting unit staff for handling documents and relevant legal instruments or letters.

    Handling unit staff should be basic information indicated on the registration form of detention the detainee out of the time, reason, whereabouts and signature, the transfer of detention the detainee.

    Transfer of detained persons should be carried out in places of detention.

    66th charge arrested in different places of detention, and authorities asked to bring back the implementation of detention, detention with detention authorities legal instruments or letters, in accordance with the provisions of the present article 65th transfer of detainees to detention decisions.

    67th when detainee released from custody, detention of civilian police should be on their persons and carry-on items for inspection, and return the belongings for safekeeping.

    Detention police register on the registration form for the detainee in detention causes, time and destination and signature, and key in management information system of detention.

    The tenth chapter by-laws

    68th Executive detention time calculated on a daily basis, from the arrested on 2nd day of 1st.

    69th detention enforcement and management of document format, developed centrally by the Ministry of public security.

    70th detention centres implement the grade management, specific measures shall be formulated separately by the Ministry of public security.

    71st article of the approaches mentioned above, below, within, including the number itself.

    72nd all provinces, autonomous regions and municipalities directly under the Public Security Bureau, Bureau and the Public Security Bureau of Xinjiang production and construction Corps based on these measures, formulate implementing rules. 73rd purposes herein from the date of publication.