Detention Centres Ordinance

Original Language Title: 拘留所条例

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People's Republic of China promulgated by Decree No. 614

                        
The detention centres Ordinance adopted executive meeting of the State Council on February 15, 2012 192th, are hereby promulgated and take effect on April 1, 2012.
                          
Prime Minister Wen Jiabao

On February 23, 2012 detention centres Ordinance
  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, in accordance with the relevant provisions of the law, this Ordinance is enacted.

The second detained in detention centres, the implementation of the following persons:

(A) by public security and State security organs shall be given administrative punishments of detention of people;

(B) the person detained by the Court decision.

Third detention they shall guarantee the personal safety and legitimate rights and interests of people detained, not humiliation, corporal punishment, ill-treatment of detainees, or instigate or condone others insult, corporal punishment, ill-treatment of detainees.

Detainees shall comply with the provisions of laws and administrative rules and regulations and the management of detention facilities, subject to management education. The fourth public security department 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.
  Chapter II detention facility The fifth local people's Governments at or above the county level shall set the detention.

Setup and revocation of detention, local public security organ of the people's Government at or above the county level shall, in accordance with the limits of authority and procedures for examination and approval.

Sixth section places of detention should be in accordance with the construction standards, set the detention area, administrative offices and other functional areas.

Detention in accordance with the provisions of article seventh equipped with weapon or police apparatus, equipped with transportation, communication, technology, medical and fire-fighting equipment and facilities.

Eighth detention requirements added to the level people's Government budget.
  Chapter III detention Nineth detention decision should be by the detaining authorities detain instruments close arrested the detainee in a timely manner.

Need to charge arrested in different places of detention decision shall be issued by the relevant legal instruments and the need for offsite received written statements of the arrested, and detained in different places by the competent police authorities.

Tenth detainee detention charge caught should notify the detained person shall enjoy rights and shall comply with the requirements.

After the detention the detainee detention facilities resumed, detaining authorities shall promptly notify the detained person's family members. 11th detention charge detainees arrested, should be on the detainee's person and belongings are checked. Detention of non-essentials and cash kept by the detention register and uniform.

Screening for contraband and other items shall be handed over to authorities of detention in connection with the case according to law.

Personal examination of female detainees should be conducted by female police.

12th detention found the detainee may be wrongly detained, shall notify the authorities of detention, detention decision authority shall make a decision within 24 hours; in accordance with the People's Republic of China article 21st of the Security Administration Punishment Law provisions should not be detained, the detention unit not receiving arrested and notifies the decision to detain.

13th detention found the detainee to take or inject drugs addiction should be given the necessary treatment, and drew attention to the public security organs in charge of the detention the detainee law community drug rehabilitation or compulsory isolation rehabilitation decisions.
  The fourth chapter of management education 14th detention duty system and emergency mechanism should be established.

Patrol officers on duty should keep the post, find the problem reports in a timely manner and handled properly.

Detention should install video surveillance equipment, security monitoring of detainees.

15th detention should be according to the detainee's sex, age and other management needs, respectively, custody and management of detainees.

Direct management of female detained persons shall be conducted by female police.

16th detention detention should be established to manage files.

17th places of detention should be in accordance with the standards to provide detainees with food and respect for peoples eating habits of people in detention.

18th detention facility shall establish a medical and epidemic prevention system, disease prevention, epidemic prevention and treatment work. Detention of sick detainees shall be treated in time.

People needed treatment in detention, approved by the commanding officer and police management; detainees with communicable diseases need to be treated in isolation, detention isolation measures should be taken.

Detainee's condition is serious, the detention shall immediately take emergency measures and inform the relatives of the detainees.

19th detention facilities found that detainees had any of the following circumstances, should recommend the detention authorities to stop execution of detention decisions:

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

(B) serious condition may endanger the safety of life. 20th provide necessities during their detention for detainees should be referred by the detention facilities after check the detainee.

Non-necessities, the detention unit not receiving.

21st places of detention the detainee should be legal, moral education, organize detainees appropriate recreational and sports activities.

Detention shall guarantee the detainee arrested outdoor activity time not less than 2 hours a day.

Detention may not force the detainees to engage in productive labor.

22nd detainees report and expose crimes verified or detained to stop this illegal and criminal acts, detention facilities should be praised.

23rd the detainee has any of the following offences, detention may be admonished, order of repentance or the use of firearms:

(A) making, the fights;

(B) assaults, bullying others;

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

(Iv) premeditated or in the escape;

(E) other serious breaches of the Act.

People's police detention the detainees use of firearms should be authorized by the commanding officer, and comply with the provisions of relevant laws and administrative regulations.

24th detainees during their detention in the new suspected of crimes, the detention unit shall report to public security organs in charge of the detention; detention facilities found in detention before the person detained are suspected of other crimes, should notification of the detention decision or the report of detention the competent police authorities. 25th places of detention to protect communication rights of detained persons while in detention, detainees are subject to censorship and seizure of correspondence with others.

Detention for detainees shall comply with traffic regulations. Article 26th detention facility to protect rights of detainees met during the detention period.

Detainees shall comply with detention facilities meet regulatory requirements.

Met with the detainee shall hold a valid identity document according to the rules of detention time with region.

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.

27th 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. Leave out the audit opinion on the detention were filed by, reported the detention authorities decide whether to approve it.

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

People leave out the time in detention are not included in the period of detention. 28th the detained person or his close relatives to leave the application, shall pay security deposit guarantor or to a detention decision authority.

The guarantor and margin management in accordance with the People's Republic of China relevant provisions of the law on administrative penalties for public security.

Detainees leave that is not owned by, carried out by the detaining authorities responsible for detention facilities detention.

29th detainee lodged a complaint or accusation, may apply for administrative reconsideration, administrative proceedings or to apply for a stay of execution of detention, detention shall, within 24 hours of the relevant materials transmitted to the authority, shall not be inspected or seized.
  The fifth chapter released from custody

Expires 30th detainee detention, detention should be released from custody on time, released from custody certificates issued, and return the belongings for safekeeping.

31st the detainee in detention, one of the following circumstances, custody transfer of detained persons to the relevant authorities or units:

(A) shall be decided on deportation and 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.
  The sixth chapter supplementary articles

The 32nd Executive detention time calculated on a daily basis, from the arrested on 2nd day of 1st.

The 33rd State security organs set up detention centres, managed by the national security authorities in accordance with the provisions of this Ordinance.

Article 34th nature of compulsory administrative measures by the public security organs shall be given custody of the detainee at the detention unit implementation should be in accordance with article II of this Ordinance were detained in detention, specific measures by the public security department in the light of the regulations.

 35th article of the regulations come into force on April 1, 2012.

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