Difficulties and suggestions in the work of detention center

First, the current problems in the management of prison sentences in detention centers

(1) The detention center is lax in the education and management of criminals serving their sentences in the detention center, leaving a potential safety hazard. Some criminals serving their sentences in the detention center take advantage of the opportunity of cleaning in the prison room to send food and medicine to detainees, bring books and letters to criminal suspects and defendants, and even defraud other detainees of money, which seriously disrupts the supervision order of the detention center.

For example, a county detention center allows prisoners in a detention center to enter and leave the pending prisoners' prison area at will, which causes the defendants and their families to send notes and collude with each other in duty crime cases, which leads to the defendant's confession in court and increases the difficulty and obstacles of investigation and public prosecution. If the investigation measures are not effective and the facts of the defendant's collusion are exposed, it may lead to misjudged cases.

(2) Some criminals use relationships to stay in detention centers to serve their sentences and avoid being sent to prison to execute the death penalty. Because the labor intensity of detention center is much lighter than that of prison, and most of them are the residence of criminals, with many acquaintances and close to home, they are easy to be taken care of. Therefore, some criminals with connections, especially some criminals who commit crimes by taking advantage of their positions, stay in the detention center through connections or pretend to be ill to execute the punishment.

The detention center also suggested that these criminals be kept in the detention center for execution on the grounds that they are physically ill, rejected by the prison, or subjectively vicious and can help the detention center to do some work. Because of their special status and their own relationship, these criminals often enjoy special treatment in detention centers, which has a bad influence on detainees.

(3) It often happens that criminals serving sentences in detention centers are mixed with undecided criminals and juvenile offenders. According to the provisions of the Measures for the Administration of Criminals in Detention Centers, detention centers should set up special prison areas or prison rooms to supervise criminals in detention centers, and the prison areas and prison rooms should be located in the warning walls of detention centers.

This requires detention centers to separate detainees from undecided prisoners and juvenile offenders in different cells, but in practice, most detention centers still mix detainees with undecided prisoners and juvenile offenders for various reasons. The detention center keeps detained prisoners together with prisoners awaiting trial and acts as their eyes and ears.

Because these people can often be called by the prison police to report the situation or often go in and out of the prison to do odd jobs, this gives them a certain advantage, and they may use this advantage to bully other detainees, or to tip off the suspects and defendants, thus affecting the investigation and trial of unsolved cases.

(4) Criminals who serve their sentences in detention centers take the place of laborers to supervise the police during their sentences, which seriously affects the management order of detention centers. Some prison guards use prisoners instead of chefs and drivers on the grounds of insufficient funds.

In other detention centers, prisoners are allowed to manage and distribute food and medicine for prisoners. These are not conducive to the educational reform of prisoners in detention centers, affecting the normal management of detention centers, and may even become hidden dangers of accidents.

(five) lax labor supervision of criminals. Some detention centers take criminals to work outside the detention center at will, which makes criminals lose control of the guards and is prone to escape and escape accidents. Once the criminals escape, there is no remedy to prevent them, which leads to the work of the guards being out of control.

For example, a county detention center takes the prisoner Wang to work outside the detention center. As the guards were lax, Wang took the opportunity to escape. When the guards counted the number of people, it was not until the afternoon that Wang had already disappeared, which caused a very bad influence.

(six) lax management of family meetings. There were so many meetings that I didn't bring the necessary equipment with me. Sometimes the guards are not present at the meeting, and the criminals are not given strict physical examination after the meeting, which can not effectively prevent them from carrying letters or other things.

Put forward the following suggestions.

First, the management of the detention center is independent.

As we know, there are convicted criminals and undecided criminals under the management of the detention center, and it is normal for the public security organs to raise the case. The detention center belongs to the management of public security organs. There is a big problem in this, and the detention center can't perform its supervisory power over the arraignment of public security organs. Whether there is overdue arraignment and whether there is a confession by torture.

If the detention center can be managed independently from the public security organs, or the detention center supervision bureau can be set up in the public security departments (public security departments of autonomous regions and municipalities directly under the Central Government), all detention centers will be directly managed by the provinces, independent of local public security organs, and their rights and responsibilities will be clear, which will be conducive to the standardized management of detention centers.

Second, detention center management and prison integration

1. Implement strict itemized charging and classified management.

It will be divided and managed according to the types and regions of crimes. Prevent cross-infection and malignant events.

2, the implementation of the monthly assessment system and assessment of prisons.

The time in the detention center is long and short. The detention center conducts monthly assessment of detainees and establishes assessment files, which are consistent with the assessment of prisons. The evaluation obtained during the detention center can be taken to prison to serve a sentence. In this case, it will restrain and promote the behavior of detainees.

It also solves the problem that some people stay in the detention center for too long because of the complexity of the case, which affects the assessment period of commutation and parole in prison and the standard of commutation and parole.

3. The detention center implements paramilitary management.

If military training is conducted in the detention center, you can first exercise the detainees' bodies. Many detainees in the detention center are pale after arriving in prison because of their small activity space, less time in the sun and less time in contact with the outside world. At the same time, it can kill the time of a large number of detainees, prevent paranoia, divert the attention of detainees and promote the standardized management of detention centers.

If militarized management is implemented, it will help to standardize the management order of the detention center, build a better management order, and play a buffering and adapting role before serving a sentence.

4. Implement a strict medical examination system.

The deaths of detainees in detention centers are still relatively common, which are caused by the detainees themselves and the environment of detention centers. In this regard, in order to better prevent normal and abnormal deaths, it is necessary to implement a strict physical examination system for those who enter the institution, and those who meet the physical conditions can be taken into custody according to law. The risk of detention center will be further reduced.

5. Establish strict management figures and increase the punishment for prison leaders.

There is no good law enforcement guarantee for prisons to deal with prison bullies. It is necessary to establish a strict management number, manage the prison bully more strictly, limit his personal freedom and punishment to the maximum extent, make him afraid, and minimize the possibility of the prison bully.

The cause of the problem

(1) There is a general idea that cases are more important than execution. Whether it is judicial personnel or other people in society, there is a phenomenon of attaching importance to the judgment of the case and ignoring the execution of the penalty. They think that as long as the case is closed within the legal time, there is no mistake, and it is not important where the criminal is and how to execute the penalty, so that the execution of the penalty has not been paid enough attention.

(two) the relevant laws or judicial interpretations are not strict, and there is no institutionalized and standardized mechanism for the management of criminals in detention centers.

A detention center is a place where criminal suspects and defendants are held. Detainees are highly mobile, and their management focuses on safety, and there is no strict management mechanism for the education and reform of prisoners in detention centers. Most of them only play the role of guards and fail to achieve the goal of educating and reforming criminals serving sentences in detention centers.

Although the Regulations on Detention Center and the Measures for the Administration of Prisoners in Detention Center also provide for the education and reform of prisoners in detention centers, these provisions are too general, especially the lack of specific provisions on how to evaluate and assess the labor performance of prisoners in detention centers, which leads to the arbitrariness of the management of prisoners in detention centers and leaves potential safety hazards.

(3) The overall quality of prison staff did not meet certain requirements. Some supervisors have unclear responsibilities, insufficient understanding of the importance of the management of detainees in detention centers, careless thinking, weak sense of responsibility and serious irresponsibility in their work. They are brothers with the prisoners in the detention center, and let the prisoners in the detention center represent them at will, which provides the prisoners in the detention center with the opportunity to escape and confess.

(4) Lack of supervision. Although the law gives the procuratorial organs the right to supervise the execution of punishment, this kind of supervision is not specific and lacks substantive operability.

As far as the current means and forms of supervision are concerned, we can only correct this situation orally, issue a notice to correct violations or make procuratorial suggestions. If the public security organs implement it, the problem can be solved. If they refuse to carry it out, there is no other way. Therefore, when solving practical problems, the supervision power of procuratorial organs is weak and the supervision effect is not obvious.