(January 13, 2006 Customs makes 144th, announced since March 1, 2006 up purposes) first chapter General first article to specification customs implementation personal detained measures, guarantee customs law perform duties, protection citizens of lawful rights and interests of, according to People's Republic of China Customs method (following referred to customs method), and People's Republic of China Customs administrative punishment implementation Ordinance (following referred to implementation Ordinance) and the other about legal, and administrative regulations of provides, developed this provides.
Second person detained in these rules (hereinafter detention) refers to customs article sixth of the Act under subsection (d) provides that violation of customs law and other relevant laws, administrative regulations, the smuggling suspects, the restriction of personal freedom under law of compulsory administrative measures.
Third customs on smuggling crime suspect detained, these provisions shall apply.
Fourth Customs detained, should follow the law, fair, and civilized, and principles for ensuring security in a timely manner, accurate, procedure, dispose of the appropriate object.
Fifth customs detained by the customs investigation permits customs staff (hereinafter referred to as the Customs staff). Second chapter applies object and time sixth article customs staff in Customs regulatory district and customs near coastal along side provides area, found has following behavior suspected smuggling crime of, by spot questioning, and check, can on smuggling crime suspects implementation detained: (a) has implementation Ordinance seventh article subsection (a) items to subsection (five) items by column behavior, and amounts larger, plot serious of; (ii) directly to smuggling people illegal acquisition national ban imports items of, or directly to smuggling people illegal acquisition smuggling imports of other goods, and items,
Amounts larger of; (three) in Utsumi, and territorial waters, and river, and lake transport, and acquisition, and trafficking national ban import and export items of, or transport, and acquisition, and trafficking national limit import and export goods, and items, amounts larger, no legal proved of; (four) and smuggling crime suspects pass conspiracy to, for its provides loan, and funds, and account, and invoice, and proved, or for its provides transport, and custody, and mailing or other convenient of; (five) has escape Customs regulatory, suspected smuggling crime of other behavior of.
Article seventh on one of the following persons, detention shall not apply: (a) after questioning, checking on the spot, has ruled out suspected of smuggling (ii) cases have been covered as a criminal case, and (iii) there is evidence that people with mental illness, acute infectious disease or other serious diseases, and (iv) does not comply with the other conditions of article sixth.
Eighth article on meet this provides sixth article by column conditions, while has following case one of of personnel, can implementation detained, but in implementation detained Shi should since was detained people signed or NA fingerprints of Shi up 4 hours within questioning finished, and shall not into detained room: (a) pregnancy or is nursing himself discontent 1 age baby of women; (ii) has full 70 age of elderly.
Nineth smuggling suspects, detained for no more than 24 hours; article tenth of the present provisions, may be extended to 48 hours. Time limit prescribed in the preceding paragraph shall smuggling suspects in the People's Republic of China Customs to detain criminal suspects of smuggling of decision (see annex 1, hereinafter referred to as the arrest of decision) sign or press down on fingerprints of the time, to release detained by customs of the time.
Customs officers smuggling suspects to commuting time are not included in the duration of detention by customs. Tenth Article customs in implementation detained of 24 hours within found has following case one of of, can on smuggling crime suspects extended detained time: (a) refused to tie customs survey, statement of facts and customs master of smuggling illegal crime facts obviously inconsistent of; (ii) by survey found smuggling behavior has continuity or has groups smuggling crime suspected of; (three) by more name witnesses refers to card, still refused to statement smuggling crime behavior of; (four) has hidden, and transfer, and forged, and destruction its smuggling crime evidence or collude in May of
(V) do not provide your real name, address, and his identity is unknown.
Article 11th has ruled out suspected smuggling, or extend the duration of detention, detention period expires, the Department shall promptly release detained.
In accordance with the People's Republic of China Law on criminal procedure (hereinafter cpl) the relevant provisions of the criminal coercive measures need to be taken, it shall rescind the detention and in accordance with the provisions of the criminal law to deal with.
12th article customs should strictly according to this provides in the of applies range, and term and program implementation detained, ban following behavior: (a) beyond applies range implementation detained; (ii) over time detained; (three) without spot questioning, and check implementation detained; (four) to detained instead of administrative punishment; (five) will detained as implementation administrative punishment, and retroactive tax paragraph of implementation means; (six) detained enjoys diplomatic privileges and exemption right of personnel. Chapter approval and implementation listed 13th in accordance with the provisions of article sixth, it is necessary to implement the smuggling suspects detained, authorized by subordinate customs chiefs or its authorized subordination Customs Chief, the Customs officers made the arrest decision implementation of detention. Shall be indicated in the written decision on detention detention starting time, and signed by the detained person or NA fingerprints.
Detained person refused to sign or NA fingerprints shall be indicated. In emergency situations need to be imposed on smuggling suspects detained on the spot, shall be authorized by subordinate customs chiefs or its authorized subordination customs verbal approval and return within 4 hours after completing the formalities of customs.
Held the starting time when smuggling suspects were taken to the customs.
14th customs enforcement custody, should be carried out by 2 or more customs staff, produce an arrest warrant and inform the detainee's right to relief. 15th article customs smuggling suspects detained shall immediately inform their family members or their work units as well as good records.
Identity is unknown or could not tell the families of the detained, units, shall be subject to confirmation on the record.
16th under any of the following circumstances, the Customs may not notify the detained person's family or their unit: (a) Meanwhile, the smuggling crime suspect may flee, collude or conceals, transfers, forging or destroying evidence on their criminal activities, (ii) does not provide your real name, address, unit, unknown, (iii) impede the investigation or other notification.
Above is removed, the Customs shall immediately notify the detained person's family or their unit.
17th article on this provides eighth article provides of personnel in night 9 o'clock to next day morning 7 points Zhijian lifted detained of, customs should notification its family led back; or by party provides its think can rely on of relatives, and friends or colleagues, people will its led back; on identity unknown, and no family or no led back of, should escort to its residence, and by witnesses signed confirmed; in local no residence of, can referred to the local social rescue institutions help its returned home, and by related personnel signed confirmed.
Article 18th detained are relatives of the elderly, the disabled, the mentally ill, minors under 16 years of age, or other people without the ability to live independently, were detained because of customs detained the relatives of unaccompanied, the Customs shall notify his relatives to take care of appropriate arrangements or take other appropriate measures and arrange timely inform detained persons. 19th article on meet this provides tenth article by column conditions, does have necessary will detained time from 24 hours extended to 48 hours of, in implementation detained of 24 hours expires zhiqian, by directly under the Customs shut long or its authorized of membership customs shut long approved, customs business sent People's Republic of China Customs extended detained smuggling crime suspects term decided book (see annex 2, following referred to extended detained decided book).
Of the written decision on the extension of the detention, the detainee signed or NA fingerprints, detained person refused to sign or NA fingerprints shall be indicated.
20th to the detained person, the Customs shall implement within 8 hours after the detention for questioning.
21st article on was detained people lifted detained of, customs business sent People's Republic of China Customs lifted detained smuggling crime suspects decided book (see annex 3, following referred to lifted detained decided book), and indicate lifted detained time, by was detained people in lifted detained decided book SHANG signature or NA fingerprints, was detained people refused to signature or NA fingerprints of, should be indicate.
The fourth chapter detention room set up and managed 22nd in addition to the cases listed in article eighth, during the detention period, customs officers detained persons should be sent to the detention room.
23rd article detained room of set should reached following standard: (a) detained room housing firm, and security, and ventilation, and light, studios area shall not less than 6 square meters, layer high not below 2.55 meters; (ii) detained indoor equipped with fixed of NES, and bedding, and keep clean, and health; (three) detained indoor shall not has may was directly for assault, and suicide, and self-harm of, items; (four) custody was detained people of Office and detained room communicates of, should used railing separated, to easy observation indoor situation;
(E) the detention room shall be indicated in the name, and obvious location to announce the detention provisions, detained persons shall enjoy the rights and provisions on administration of detention Chamber. 24th article customs detention room management system should be established, strictly according to law, civilized management: (a) the establishment of the detainees access to registration form. Containing the detainee's name, sex, age, domicile, and handling departments, contractors, detained for starting and finishing time, access to the detention room time and process the results of (ii) to establish duty, custody and inspection system. Detention room were detained when should faithfully record the situation by Customs staff and doing shift work, (iii) establishment of a records management system. On the relevant legal instruments in accordance with the archive requirements for records management;
(D) establish the custody system.
Detention room shall be at least 2 and was detained by Customs staff responsible for the care of people of the same sex, detained persons of different sexes may not be sent to the same detention room.
25th article customs staff to detained persons persons and articles carried shall conduct strict examination, preventing into the suspicious items or you may be used to assault, suicide, self-harm, self-mutilation, escape and other items.
In physical examination, found that detained persons had obvious symptoms of trauma, severe seizures, shall immediately report to the competent departments and supervision departments, and to make detailed records.
The detainee's physical examination shall be conducted by 2 more customs staff with the detained persons of the same sex.
Article 26th when the detainee into the detention room, and their carry-on items, the Customs shall make the People's Republic of China Customs temporary articles, list of documents (see annex 4, hereinafter referred to as the staging of list items, documents) signed by the detained person or NA safekeeping after fingerprint confirmation, detained person refused to sign or NA fingerprints shall be indicated.
Detained end Hou, was detained people of items in the belongs to illegal crime evidence or contraband of, should law with case transfer or law made processing, and in temporarily save items, and file listing Shang indicate; and case has nothing to do of, should immediately returned was detained people, and in temporarily save items, and file listing Shang indicate, by was detained people signature or NA fingerprints, was detained people refused to signature or NA fingerprints of, should be indicate.
27th of detention during the implementation of customs detained should provide basic living conditions for detained persons. Sudden illness or injury during the detention the detainee, customs officials should take immediate measures for medical treatment, and to inform the families of the detained person or unit. Such notification should be documented such treatment costs borne by the detainee or his family.
But due to the fault of the Customs officers led to detained people get sick or injured, costs of treatment borne by the implementation of customs detained.
Fifth chapter law enforcement supervision 28th article in detained during, customs should law guarantees was detained people of lawful rights and interests of, shall not has following behavior: (a) torture confessions or to threat, and lure, and cheat, illegal means collection evidence; (ii) beat, and corporal punishment, and abuse, and insult was detained people; (three) extortion or obtained, and received bribery; (four) misappropriation, and misappropriated, and damaged was detained people of property; (five) violation provides charges or implementation punishment; (six) other violations was detained people lawful rights and interests of of behavior. 29th article customs staff in the implementation of detention of a violation of this provision, related persons shall be held in accordance with the relevant provisions of law enforcement liability and in accordance with the People's Republic of China Customs law and other relevant laws, administrative regulations, relevant regulations, disciplinary action.
Constitute a crime, shall be directly responsible for the criminal responsibility of the person in charge and other direct liable persons.
Sixth chapter supplementary articles article 30th referred to in these provisions "more than", "less than", contains a number.
31st the provisions interpreted by the General Administration of customs.
32nd these provisions come into force on March 1, 2006. Annex 1: = People's Republic of China Customs to detain criminal suspects of smuggling decision (original) turn off the word [], in accordance with the People's Republic of China Customs Law article sixth
(D), People's Republic of China for customs administrative punishment of 37th of the regulations for the implementation of the relevant provisions, it was decided that the smuggling suspects ____________ to be detained.
Who was dissatisfied with this decision, in accordance with the People's Republic of China administration reconsideration law article Nineth, 12th, People's Republic of China administrative litigation law of 39th article stipulates that within 60 days from the date of service of this decision to the ____ _______ Customs (Customs) may apply for administrative reconsideration, or from the date of this decision in writing within 3 months, ____ _______ to a people's Court.
关长：
（关印）
年 月 日
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=
中华人民共和国 海关
扣留走私犯罪嫌疑人决定书
（副本）
Turn off the word [], in accordance with the People's Republic of China Customs Law article sixth (four), People's Republic of China for customs administrative punishment of 37th of the regulations for the implementation of the relevant provisions, it was decided that the smuggling suspects ____________ to be detained.
Who was dissatisfied with this decision, in accordance with the People's Republic of China administration reconsideration law article Nineth, 12th, People's Republic of China administrative litigation law of 39th article stipulates that within 60 days from the date of receipt of the written decision of the ____ _____ Customs may apply for administrative reconsideration or, within 3 months from the date of receipt of this decision, to ____________ a people's Court.
关长：
年 月 日
本决定已于____年___月___日__时__分向我宣布。
被扣留人签字：__________
=tbl/>
=
中华人民共和国 海关
扣留走私犯罪嫌疑人决定书
（存根）
关 字[ ] 号 被扣留人姓名__________________________________
性别_______ 年龄______ 籍贯／国籍________
证件名称及号码________________________________
职业__________________________________________
住址___________ _______________________________
扣留原因______________________________________
______________________________________
关长批准：____________________________________
执行关员：_________ ___________________________
填表人：______________________________________
填表时间：____________________________________
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附件2：
=
中华人民共和国 海关
延长扣留
Smuggling suspects the term books (original) turn off the word [], in accordance with the People's Republic of China Customs Law article sixth (four), People's Republic of China for customs administrative punishment of 37th of the regulations for the implementation of the relevant provisions, decided to extend the duration of detention of criminal suspects of smuggling __________.
Who was dissatisfied with this decision, in accordance with the People's Republic of China administration reconsideration law article Nineth, 12th, People's Republic of China administrative litigation law of 39th article stipulates that within 60 days from the date of service of this decision to the ____ ____ Customs (Customs) may apply for administrative reconsideration, or from the date of this decision in writing within 3 months, to _______ ___ people's Court.
关长：
（关印）
年 月 日
=tbl/>
=
中华人民共和国 海关
延长扣留走私犯罪嫌疑人期限决定书
（副本）
Turn off the word [], in accordance with the People's Republic of China Customs Law article sixth (four), People's Republic of China for customs administrative punishment of 37th of the regulations for the implementation of the relevant provisions, decided to extend the duration of detention of criminal suspects of smuggling __________.
Who was dissatisfied with this decision, in accordance with the People's Republic of China administration reconsideration law article Nineth, 12th, People's Republic of China administrative litigation law of 39th article stipulates that within 60 days from the date of service of this decision to the ____ ______ Customs (Customs) may apply for administrative reconsideration, or from the date of this decision in writing within 3 months, to _____ ___________ people's Court.
关长：
年 月 日
本决定已于_____年___月__日__时__分向我宣布。 被扣留人签字：______________
=tbl/>
=
中华人民共和国 海关
延长扣留走私犯罪嫌疑人期限决定书
（存根）
关 字[ ] 号
被扣留人姓名_______________________________________
性别_______ 年龄________ 籍贯／国籍________
证件名称及号码_____________________________________
职业__________________________________________ _____
住址_______________________________________________
延长扣留期限原因___________________________________
___________________________________________________
关长批准：_____________
____________________________
执行关员：_________________________________________
填表人：___________________________________________
填表时间：_________________________________________
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附件3：
=
中华人民共和 Written decision of customs release detained for smuggling suspects (original) turn off the word [], in accordance with the People's Republic of China Customs Law article sixth (four) and the People's Republic of China regulations 37th article customs administrative penalty provisions
Decision to release detained ____________________. 关长：
（关印）
年 月 日
=tbl/>
=
中华人民共和国 海关
解除扣 Smuggling suspects decide to book (copy) turn off the word [], in accordance with the People's Republic of China Customs Law article sixth (four) and the People's Republic of China regulations 37th article customs administrative penalty provisions of the decision of __________________________ to release detained
。
关长：
年 月 日
本决定已于_____年__月__日__时__分向我宣布。 被解除扣留人签字________________
=tbl/>
=
中华人民共和国 海关
解除扣留走私犯罪嫌疑人决定书
（存根）
关 字[ ] 号
被解除扣留人姓名___________________________________
性别_______ 年龄________ 籍贯／国籍__________
证件名称及号码_____________________________________
职业_________________________________________ ______
住址_______________________________________________
解除扣留原因_______________________________________
___________________________________________________
扣留决定书编号________ _____________________________
关长批准：_________________________________________
经办关员：_________________________________________
填表人：_________________________________________ __
填表时间：_________________________________________
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附件4：
=
中华人民共和国 海关
暂存物品、文件清单
编号：
┌── ┬──────────┬──┬───────────┬──────┐
│序号│ 名 称 │数量│ 特 征 │ 备注 │
├──┼──────────┼──┼───────────┼──────┤
│ │ │ │ │ │
├──┼──── ──────┼──┼───────────┼──────┤
│ │ │ │ │ │
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│
├──┼──────────┼──┼───────────┼──────┤
│ │ │ │ │ │
├──┴──────────┴──┼───────────┴──────┤
│物品、文件持有人： │暂存单位： │
│ │ │
│见证人： │经办人： │
│ │ │ │ 年 月 日 │ 年 月 日 │
│ │ │
└────────────────┴──────────────────┘
本清单一式三份，一份附卷，一份交物品、文件持有人，一份存档
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