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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(Released February 29, 2008 the Ministry of public security, the 98th come into force on July 1, 2008) contents chapter I General provisions section I of chapter II execution of criminal punishments for criminals in custody section II section III of the handling of complaints, complaints and accusations temporary execution drew the fifth section of the fourth section of commutation and parole releases first put in charge of the second section of chapter management meeting, communication, section III of the provisional
    Life and health section fourth appraisal, reward and punishment the fourth chapter education chapter fifth supplementary provisions chapter I General provisions article in order to regulate the detention center management to stay the execution of punishment of criminals, completes the rehabilitation work, according to 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.
    Article was sentenced criminal, before being executed, the remaining prison term of up to one year, detention center on behalf of execution of criminal punishments.
    Criminals sentenced to criminal detention, jail sentences.
    Juvenile offenders, carried out by the juvenile correctional penalties. 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 criminals 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 activities of the execution of punishment on the offender shall be subject to the legal supervision of the people's Procuratorate.
    Section I of chapter II execution of criminal punishments executed reception received detention center in the eighth article of the people's Procuratorate of the people's Court delivered the indictment 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 Nineth for judgment is not in custody, after the need to enforce a sentence of detention of offenders, detention should be listed in this article eighth instruments taken into custody, and criminal finger fingerprint information.
    To find perpetrators of, it needs to be to jail custody case, filed the detention center, and the warrant of detention in prison.
    Court offsite retrial hearing needs of offenders in temporary detention at the remote detention center, offsite detention center by litigation documents and questioned of the initiation of the criminal retrial procedure in prison. Tenth according to the article Nineth 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 for safekeeping; for contraband, shall be confiscated.
    Physical examination for female offenders, police carried out by women. Article 11th criminals when detained shall establish 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 12th 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 complaints, complaints and accusations of the 13th prisoner to have a legally effective judgments, not satisfied with the order, appeal, the detention house shall promptly transmit the material to the complaint the people's Procuratorate's Court and make a judgement.
    Criminals may also appoint their relatives or lawyers to appeal.
    14th 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.
    Section 15th of the 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.
    16th 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 temporary execution of 17th prisoner in accordance with the criminal procedure of temporary execution outside prison conditions, or any of his family members can apply in writing to the detention center, disciplining police or jail doctors can submit written observations.
    Article 18th detention center after receiving the temporary execution of applications or view, 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 notify the reasons.
    Should be documented and signed by the participants.
    19th 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.
    For self-harm self-destructive criminals, not temporary execution outside prison. 20th prisoner needs medical parole, shall by the offender or the offender's family members to provide a guarantor.
    Sponsor identified by the detention review.
    21st a guarantor shall meet the following conditions: (a) willing to accept a surety obligation, with full capacity for civil conduct, (ii) and not subjected to restriction of personal freedom and political rights; (c) a permanent residence and income, conditional fulfilling sponsor obligations; (d) the guarantor living together or living in the same jurisdiction of county-level public security organs.
    22nd guarantor shall sign a bail bond. 23rd article criminals released on medical parole during, guarantee people should perform following obligations: (a) supervision was guarantor comply with legal and about provides; (ii) found was guarantor unauthorized left live regional or has illegal crime behavior of, immediately to implementation organ report; (three) for was guarantor of treatment, and nursing, and review and normal life provides necessary of conditions and guarantees; (four) urged and assist was guarantor according to provides perform regularly review illness and to implementation organ report; (five) was guarantor released on medical parole case disappeared,
    Or guaranteed death, immediately report to the executive body. 24th on the need of temporary execution of offenders, detention shall fill in temporary execution of form, together with identification of illness or pregnancy test to prove, or unable to take care of identification, or is breast-feeding her own 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, city-level public security organs for approval; municipal detention center should be about more than 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, unable to take care of appraisal, nursing her baby, certificates, copies of related materials such as bail bond CC, organs of the people's Procuratorate in prosecution.
    25th detention center received organ of temporary execution outside prison after the decision, should go through the criminal procedure, issue notice of temporary execution outside prison, and inform the offender shall comply with the requirements.
    Article 26th jail of temporary execution of criminals should be sent to the county-level public security organ responsible for implementation.
    27th article temporarily to outside prison criminals served to and live to is not same provincial or to city level police organ area, need back live to temporarily to outside prison of, served to of provincial police organ regulatory sector or to city level 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 jail receives to public security organs on the implementation of temporary execution of criminals in prison after an enforcement notice, should the offenders in prison.
    Article 29th of offenders during the period of temporary execution of sentence, detention should be for its release from prison procedures.
    Article 30th death during temporary execution of offenders, detention should be perform public security organ in the written notice included in the criminal file, and indicate in the registration form. Fourth Festival drew attention to article 31st of commutation and parole offenders in accordance with commutation or parole conditions, by disciplining police recommendations reported detention center will be decided. Should be documented and signed by the participants.

    32nd 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 seven 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.
    Finished 33rd publicity, 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 belongs to a public security organ for review, drew attention to the intermediate people's Court ruled that the seat along with the related material. Article 34th public security organs put temporary execution of criminals to jail sentence or parole suggested, should provide temporary execution of criminals true repentance or meritorious service, major meritorious material.
    Detention center after receiving the advice and materials, shall convene the research reported by their respective police review, drew attention to the intermediate people's Court ruled that the seat.
    35th detention center when the commutation and parole cases before the people's Court shall be sent to the following materials: (a) drew attention to the commutation and parole proposal; (ii) Court of final appeal the judgment and order book, copies of the previous commutation order; (c) criminals do have evidence of sufficient repentance or merit, major meritorious services; (d) the criminal review, rewards and punishments form and other relevant 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 the commutation and parole recommendations; in 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 3rd criminal related material sent to criminals living in the county-level public security organs.
    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 on parole is not in violation of the relevant provisions of the expiry of the probation, detention should be for offenders released from prison procedures.
    Death of criminals on parole, detention should be perform public security organ in the written notice included in the criminal file, and indicate in the registration form.
    Fifth release 40th detention center should be in criminal sentences, 30th, notice of intention to release offenders offenders original domicile of the county-level public security organs and the administration of Justice.
    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 of the 43rd detention center should be according to the offender's crime, sentence types, traits of character, psychological, health, reform, held separately and the management of offenders.
    A small number of offenders, can focus on detention. 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. 45th meeting, communication, the temporary II of the 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. 51st meeting, communications shall comply with the relevant provisions of the detention center.
    Violation of provisions of the detention center can be aborted meeting and communication. 52nd 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.
    53rd 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.
    54th scrumming, identification, trial testimony, trial and other offenders need to be jail, letter issued by the authorities which handle their cases, approved by the prison leadership put forward and back 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 letters to city-level public security organs, the detention center 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.
    55th 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. 56th sentenced criminals apply for visits of foreign nationality, detention shall be reported to city-level public security organs for examination and approval.
    To approve decisions of the city-level 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.
    57th 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.
    Article 58th of criminals carry out civil legal act of marriage registration, should 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. 59th prisoner civil action 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.
    60th offenders have special spouses, 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.
    Section III life and health 61st meals of offenders in accordance with the State Council finance departments, public security departments to develop physical standards.
    62nd criminals should be uniform. 63rd 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. 64th 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.
    65th 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. 66th 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

    67th 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.
    68th article criminals has following case one of of, detention center can give praised, and material rewards or played: (a) comply with management provides, efforts learning, Active Labor, has pleaded guilty clothing method performance of; (ii) block illegal crime activities of; (three) love property or in labor in the save raw materials, has results of; (four) for technological innovations or taught production technology, has must effectiveness of; (five) in prevent or elimination disaster accident in the made must contribution of; (six) on national and social has other contribution of. 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. 69th 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. 70th on visits by offenders, 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. 71st article criminals has following damage regulatory order case one of, plot more light of, be warning; plot more heavy of, be demerit; plot serious of, be closed; constitute crime of, law held criminal: (a) mob give rise to, disrupt normal regulatory order of; (ii) insults or beat police of; (three) oppressed other criminals of; (four) stealing, and gambling, and fight fights, and belligerent trouble of; (five) has labor capacity refused to participate in labor or slack, by education not modified of; (six) to self-harm, and
    Means of self-harm to escape labor; (g) intentional mishandling in productive labor, or deliberately damage to the means of production, and (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. 72nd 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.
    Fourth chapter education section 73rd detention center should establish education and reform of the criminal system, criminal law, morals, culture, skills, and education.
    74th 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.
    75th 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.
    76th detention center in connection with current affairs, politics, events and other timely collective education for offenders.
    77th detention center should be based on the specific circumstances of each offender, timely targeted education. 78th 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.
    79th 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.
    80th 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.
    81st 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.
    82nd 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.
    83rd criminal detention center for participation in the labour, to remuneration, as appropriate, and implement the provisions of the State on labour protection.
    84th prisoner labor is injured, disabled or killed, processed by the detention center reference to the relevant provisions of the national labor insurance.
    Fifth chapter supplementary articles article 85th criminals in jail and committing new crimes, by prison investigation; major, complex cases by the respective public security organs to investigate.
    86th detention center found offenders before a sentence is undiscovered crime, public security organs shall report in writing belongs.
    87th to city-level public security organs held can be set according to the actual situation set to stay the execution of punishment on criminal detention center.
    88th 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.
                                                                                      89th these measures shall come into force on July 1, 2008.

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