Provisions on notifying family members of public security detention

Provisions on notifying family members of public security detention: The public security organ shall notify the family members of a person detained illegally. If a person is detained, the family of the detainee will be informed. The provisions of the notice are as follows:

(1) If the violator is given administrative detention, the executing organ shall promptly notify the family of the punished person;

(2) If a criminal suspect is detained in criminal detention, the family members of the detained person shall be notified within 24 hours after detention, except that it is impossible to notify him or the notification of the crime suspected of endangering national security or terrorist activities may hinder the investigation.

The implementation of administrative compulsory measures shall comply with the following provisions:

Where administrative compulsory measures are implemented to restrict citizens' personal freedom, the public security organs, reasons, places and time limits for implementing compulsory measures shall be informed to the families of the parties concerned on the spot; If it is impossible to inform on the spot, it shall be informed by telephone, SMS, fax, etc. immediately after the implementation of compulsory measures; Unidentified, refusing to provide contact information of family members, or unable to notify due to force majeure such as natural disasters. , may not be notified. The record of inquiry shall indicate the reasons for informing or informing family members or failing to inform family members. Administrative detention is generally delivered by mail to inform family members.

The following procedures shall apply to other punishments for those who violate the administration of public security:

(1) Call, use the call card. Those who violate the administration of public security found on the spot may be summoned orally. If the public security organ refuses to accept the summons or evades the summons without justifiable reasons, it may compel the summons and use a summons card. Victims and witnesses cannot use summonses.

(2) In case of violation of public security administration, the public security organ shall promptly ask for verification after summoning, and ask for eight hours. The situation is complex, and if the detention penalty is applied in accordance with the relevant provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law, the time for inquiry and verification shall not exceed 24 hours.

(3) ask. Those who violate the administration of public security should truthfully answer the inquiries of the public security organs. Inquiries should be recorded; After verification, the speaker should sign or seal the record page by page. The inquirer shall also sign the record.

(4) obtaining evidence. When the public security organs collect evidence materials, the relevant units and citizens shall actively support and assist them. When questioning a witness, the witness shall truthfully report the situation and make an inquiry record. After verification, the witness shall sign or seal the record page by page.

(5) inform. Before making a decision on punishment, the public security organ shall inform the violator of public security administration of the facts, reasons and basis for the punishment, and inform the violator of public security administration of the rights he enjoys according to law (the right to state his defense and hearing).

(6) punishment. Upon inquiry and verification, the facts of violating public security management are clear. If the evidence is conclusive, the decision shall be made in accordance with the relevant provisions of the Law of People's Republic of China (PRC) Municipality on Public Security Administration Punishment. The penalty decision shall be filled in and announced to me. The punishment of warning and fine below 500 yuan shall be decided by the police station.

(7) execution. The person who is punished by administrative detention shall be delivered to the detention center for execution by the public security organ that made the decision. If the punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for suspending the execution of administrative detention. If the public security organ thinks that the suspension of administrative detention will not cause social danger, the punished person or his close relatives shall provide qualified guarantors, or pay a deposit according to the daily 200 yuan standard of administrative detention, and the punishment decision of administrative detention shall be suspended.

Legal basis:

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 97 The public security organ shall announce the written decision on administrative penalties for public security to the punished person and deliver it to the punished person on the spot. If it cannot be announced to the punished person on the spot, it shall be served on the punished person within 2 days. If it is decided to give administrative detention, it shall promptly notify the family members of the punished person.