Measures for the administration of criminals who execute criminal punishments in detention centers

The Measures for the Administration of the Execution of Punishment by Criminals in Detention Centers was adopted at the ministerial office meeting of the Ministry of Public Security on February 6, 2008, and came into force on July 6, 2008. Its contents are as follows:

Chapter I General Principles

Article 1 In order to standardize the management of criminals executed in detention centers and do a good job in the reform of criminals, these Measures are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Prison Law of People's Republic of China (PRC), the Regulations of People's Republic of China (PRC) Detention Center and other relevant laws and regulations, and in combination with the actual execution of punishment by detention centers.

Article 2 If the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than one year before delivery for execution, the detention center shall execute it on his behalf.

A criminal sentenced to criminal detention shall be executed by a detention center.

Juvenile offenders are punished by juvenile reformatory.

Article 3 A detention center shall set up a special prison area or prison room to supervise criminals. The prison area and the prison room shall be located in the warning fence of the detention center.

Article 4 In managing criminals, detention centers should adhere to the principle of combining punishment with reform and combining education with labor, and transform criminals into law-abiding citizens.

Article 5 A prisoner's personality shall not be insulted, his personal safety and lawful property shall not be infringed, and he shall enjoy the rights of defense, appeal, accusation and other rights that have not been deprived or restricted according to law.

Criminals should abide by the laws, regulations and rules of the detention center, obey management, receive education and participate in labor in accordance with regulations.

Article 6 A detention center shall safeguard the legitimate rights and interests of criminals and provide necessary conditions for criminals to exercise their rights.

Article 7 A detention center shall accept the legal supervision of the people's procuratorate when executing punishment according to law.

Chapter II Execution of Penalty

Section 1 Detention

Article 8 On the day when the detention center receives the copy of the indictment of the people's procuratorate and the written judgment, ruling, notice of execution and registration form for closing the case delivered by the people's court, it shall go through the formalities for admission to prison and fill in the registration form for admission to prison, indicating the basic information of the criminals and the date of admission to prison. And transfer the prisoner to the prisoner's prison area or cell after the police sign.

Article 9 For criminals who are not detained before the judgment and need to be detained and executed after the judgment, the detention center shall take them into custody with the documents listed in Article 8 of these Measures, and collect the fingerprint information of the criminals.

For criminals who have found the remaining crimes and need to be detained in the detention center where the case is filed, the detention center where the case is filed shall take them into custody with the detention certificate and a copy of the detention certificate. If the people's court retries in a different place and it is necessary to temporarily detain the criminal in a different place detention center, the criminal shall be detained by the different place detention center according to the litigation documents and arraignment procedures for criminal retrial.

Article 10 When a criminal is taken into custody according to Article 9 of these Measures, the detention center shall conduct health examination and personal and article safety inspection. Non-necessities of life of criminals shall be registered and preserved; Contraband will be confiscated.

The physical examination of female criminals shall be conducted by the female people's police.

Article 11 A criminal file shall be established when handling the custody procedures. Criminal files are divided into first-class files and second-class files. The main files include custody vouchers, decisions on temporary execution outside prison, rulings on commutation and parole, release certificates and other legal documents; Secondary files include management records such as detention registration, heart-to-heart education, criminal assessment, rewards and punishments, disease treatment, and property custody registration.

Article 12 After taking a prisoner into custody, the detention center shall notify the criminal's family or guardian of the place where the criminal will execute the punishment within five days. A detained foreign criminal shall report to his public security organ within 24 hours.

Section 2 Handling of Complaints, Accusations and Reports of Criminals

Article 13 If a prisoner refuses to accept a legally effective judgment or ruling and lodge a complaint, the detention center shall promptly forward the complaint materials to the people's procuratorate and the people's court that made the effective judgment. Criminals may also entrust relatives or lawyers to lodge complaints.

Article 14 Criminals have the right to sue and report illegal and criminal acts. The detention center shall set up a complaint and report mailbox to accept the complaint and report materials of criminals. Criminals can also directly sue and report to the police.

Fifteenth detention center shall, within fifteen days from the date of receiving the complaint and accusation materials submitted by criminals to the detention center; The detention center shall, within five days from the date of receiving the materials, forward the materials submitted by criminals to the people's courts and people's procuratorates.

If the detention center handles the complaint or accusation or transfers it to the relevant department for handling, it shall promptly notify the accused or accused criminal of the relevant situation or the handling result.

Sixteenth detention center in the process of executing the penalty, found that the judgment may be wrong, it should be submitted to the people's procuratorate or the people's court for handling.

Section 3 Temporary execution outside prison

Article 17 If a prisoner meets the conditions stipulated in the Criminal Procedure Law for temporary execution outside prison, he or his family members may submit a written application to the detention center, and the police or doctors in the detention center may also submit written opinions.

Article 18 After receiving an application or opinion for temporary execution outside prison, a detention center shall hold a meeting to study it. After the preliminary examination, according to different situations, the criminals are identified in terms of illness, inability to take care of themselves or pregnancy. If the preliminary examination fails, the reasons shall be informed.

The meeting shall be recorded in writing and signed by the participants.

Article 19 The identification of the condition of a criminal who is temporarily executed outside prison shall be carried out in a hospital designated by the provincial people's government; Pregnancy examination should be carried out in the hospital; Life can not take care of themselves, by the detention center in charge of the leadership, discipline police, detention center doctors, prosecutors and other expert groups; For women who are nursing babies, the detention center shall notify the public security organ of the criminal's domicile or residence to issue relevant certificates.

Life can't take care of itself, which means getting up, eating, walking, going to the toilet, etc. in daily life. Because of illness, disability or old age and infirmity, you can only do it with the help of others.

A criminal who injures himself may not be temporarily executed outside prison.

Article 20 If a prisoner needs medical parole, a guarantor shall be provided by the prisoner or his family. The guarantor shall be examined and determined by the detention center.

Article 21 A guarantor shall meet the following conditions:

(1) Willing to undertake the obligations of guarantor and having full capacity for civil conduct;

(2) Personal freedom is unrestricted and political rights are enjoyed;

(3) Having a fixed residence and income, and having the conditions to fulfill the obligations of the guarantor;

(4) Living in the same county-level public security organ as the guarantor.

Article 22 A guarantor shall sign a medical parole guarantee.

Article 23 During the period when a criminal is released on medical parole, the guarantor shall perform the following obligations:

(a) to supervise the guarantor to abide by laws and relevant regulations;

(two) found that the guarantor left the residential area without authorization or illegal and criminal acts, immediately report to the executing organ;

(3) Providing necessary conditions and guarantees for the treatment, nursing, reexamination and normal life of the insured;

(four) to urge and assist the guarantor to fulfill the conditions of regular review, and report to the executive organ in accordance with the provisions;

(5) If the guarantor disappears after being released on medical parole, or the guarantor dies, it shall immediately report to the executing organ.

Article 24 for criminals who need to be temporarily executed outside prison, the detention center shall fill in the approval form for temporary execution outside prison, and attach the certificate of illness identification or pregnancy examination, or the certificate that they cannot take care of themselves or breastfeed their babies; If medical parole is needed, a medical parole guarantee shall be attached. The county detention center shall report the relevant materials to the public security organ for examination and approval, and report to the municipal public security organ for examination and approval; Detention centers at or above the prefecture level shall submit relevant materials to the public security organs for examination and approval.

When submitting the examination and approval materials, the detention center shall send a copy of the examination and approval form for temporary execution outside prison, the certificate of disease identification or pregnancy examination and diagnosis, the certificate of self-care identification, the certificate of breastfeeding one's own baby, the guarantee of medical parole and other related materials to the procuratorate of the people's procuratorate.

Article 25 After receiving the decision of the approving organ to temporarily execute the sentence outside prison, the detention center shall go through the formalities for the prisoner to leave prison, issue a notice of temporarily executing the sentence outside prison, and inform the prisoner of the regulations that he should abide by.

Article 26 A detention center shall deliver a criminal who has been temporarily executed outside prison to the county-level public security organ responsible for execution.

Article 27 If the place where a prisoner is temporarily executed outside prison is not within the jurisdiction of the provincial or prefecture-level public security organ with his place of residence, and he needs to return to his place of residence for temporary execution outside prison, the supervision department of the provincial public security organ or the supervision department of the prefecture-level public security organ in the place where he is serving his sentence shall notify the supervision department of the public security organ at the same level in his place of residence in writing, and the supervision department of the public security organ in his place of residence shall designate a detention center to receive the prisoner's file, and shall be responsible for handling the formalities of admission or release.

Article 28 After receiving the notice from the public security organ of the place where the execution outside prison is temporarily performed, the detention center shall immediately put the criminal into prison.

Article 29 If a prisoner is temporarily executed outside prison and his sentence expires, the detention center shall go through the formalities for his release.

Article 30 If a prisoner dies during his temporary execution outside prison, the detention center shall store the written notice of the public security organ at the place of execution in the prisoner's file and indicate it in the registration form.

Section 4 Application for Commutation and Parole

Thirty-first criminals who meet the conditions of commutation and parole shall be put forward by the correctional police and reported to the detention center for study and decision. The meeting shall be recorded in writing and signed by the participants.

Article 32 A detention center shall publicize the list of criminals who have applied for commutation or parole and the opinions on commutation or parole in the detention center upon the consent of the meeting. The publicity period is seven working days. During the publicity period, if the police and criminals have objections to the publicity content, the detention center shall reconvene the meeting for review and inform the results of the review.

Article 33 After the publicity is completed, the director of the detention center shall sign an opinion on the examination and approval form for commutation and parole of criminals, affix the official seal of the detention center, put forward a proposal for commutation and parole, and submit it to the local intermediate people's court for ruling together with relevant materials after being examined by the public security organ.

Article 34 If the public security organ at the place of execution puts forward a proposal to the detention center for commutation or parole of a prisoner temporarily executed outside prison, it shall provide factual materials that the prisoner temporarily executed outside prison has indeed repented or rendered meritorious service. After receiving the relevant suggestions and materials, the detention center shall hold a meeting to study them, and submit them to the local intermediate people's court for ruling after being audited by the public security organ.

Article 35 When a detention center submits a case of commutation or parole to the people's court, it shall submit the following materials:

(a) commutation and parole proposal;

(two) a copy of the judgment and ruling of the people's court of final appeal and the original ruling of commutation;

(3) It is proved that the criminal has truly repented or rendered meritorious service or made significant meritorious service;

(four) the criminal identification form, the approval form for rewards and punishments and other relevant materials.

Thirty-sixth before the people's court makes a ruling on commutation or parole, if the detention center finds that the prisoner does not meet the conditions for commutation or parole, it shall withdraw the proposal for commutation or parole in writing; After the ruling of commutation and parole comes into effect, if the detention center finds that the prisoner does not meet the conditions of commutation and parole, it shall submit a written proposal to the people's court that made the ruling to revoke the ruling.

Article 37 After receiving the ruling of the people's court on parole, the detention center shall go through the formalities for the prisoner to leave prison, issue a parole certificate, and deliver the relevant materials of the prisoner to the county-level public security organ where the prisoner lives within three days.

Article 38 If a paroled criminal is ruled by a people's court to revoke his parole, the detention center shall put him in prison after receiving the ruling.

Article 39 If a prisoner does not violate the relevant regulations during his parole, the detention center shall handle the release procedures for him after the probation period of parole expires. If a criminal dies during parole, the detention center shall record the written notice of the public security organ at the place of execution in the criminal file and indicate it in the registration form.

Section 5 Release

Article 40 A detention center shall notify the public security organ at the county level and the judicial administrative department of the original residence of the prisoner 30 days before the expiration of his sentence.

Article 41 Upon the expiration of a prisoner's sentence, the detention center shall release him on schedule, issue him with a certificate of release from prison, and notify him to go through the registration formalities with the certificate of release from prison in registered permanent residence, the police station where the original household registration is located; If there are funds and materials in escrow, the detention center shall return them in full. If a released prisoner suffers from a serious illness, the detention center shall notify his family to take it back.

Article 42 If a criminal of foreign nationality is sentenced to additional deportation, the detention center shall notify the exit-entry administration department of the public security organ ten days before the expiration of the criminal's sentence.

Chapter III Management

The first section points in charge

Article 43 A detention center shall separately detain and manage criminals according to their types of crimes, types of punishments, personality characteristics, psychological status, health status and reform performance. If the number of criminals is small, they can be held in centralized custody.

Forty-fourth detention centers shall, according to the performance of prisoners' reform and according to different grades, implement the principle of combining leniency with severity. The application of graded treatment to criminals shall be determined according to the relevant provisions and the results of the examination of the criminal's reform performance, and shall be adjusted in time according to the changes in the situation.

For criminals with different treatment levels, the detention center should implement corresponding treatment in their scope of activities, meetings and exchanges, receiving goods, cultural and sports activities, rewards and so on.

Section 2 Meeting, Correspondence and Temporary Departure

Article 45 A prisoner may meet his relatives or guardians once or twice a month, and each time shall not exceed one hour. Only three people come to see the criminal at a time. Due to special circumstances, it is necessary to extend the meeting time and increase the number of people to meet, or people other than their relatives or guardians request to meet, which shall be approved by the leaders of the detention center.

Article 46 When a prisoner meets an entrusted lawyer, the lawyer shall apply to the detention center, and the detention center shall review the power of attorney, the letter of introduction from the law firm and the lawyer's practice certificate, and make arrangements within 48 hours.

Article 47 According to the relevant provisions of international conventions and consular treaties to which China is a party, officials of foreign embassies (consulates) in China shall submit a written application to the provincial public security organs when visiting criminals of their own nationality or relatives or guardians of criminals of foreign nationality for the first time. The detention center shall make arrangements according to the written notice of the provincial public security organ. If the relatives or guardians of criminals of foreign nationality request to meet again, they may apply directly to the detention center.

If a criminal of foreign nationality refuses to visit the officials of the embassy (consulate) in China or their relatives or guardians, the detention center will not arrange it, but the criminal shall issue a written statement signed by himself.

Forty-eighth with the approval of the leaders of the detention center, criminals can use the designated fixed telephone to talk to their relatives, friends and guardians; Criminals of foreign nationalities can also talk to their embassies (consulates) in China. The telephone bill is borne by the criminal himself.

Article 49 Ethnic minority criminals may meet and communicate in their own spoken and written languages. Foreign criminals can meet and communicate in their own language.

Article 50 The meeting shall be held in the conference room of the detention center.

Fifty-first meetings and correspondence shall comply with the relevant provisions of the detention center. In violation of regulations, the detention center may suspend meetings and exchanges.

Article 52 A criminal may correspond with his relatives, friends or guardians. The detention center shall check the letters of criminals, and may detain the letters that hinder the reform of criminals.

Letters written by criminals to higher authorities and judicial organs of detention centers are not subject to inspection.

Article 53 If a case-handling organ needs to know the relevant information from a criminal because of handling a case, it shall issue the certificate of the case-handling organ and the work permit of the case-handling personnel, which shall be carried out in the detention center after being approved by the leaders of the detention center.

Article 54 If it is necessary to take a criminal out of the detention center for the purpose of extracting stolen goods, identifying, testifying in court, accepting a trial, etc. The case-handling organ shall issue an official letter, which shall be submitted after being approved by the leaders of the detention center and returned on the same day.

If the investigation organ needs to temporarily send the criminal to a detention center in a different place for evidence collection due to handling other cases, the detention center shall allow the criminal to file and handle relevant procedures with an official letter from the public security organ at or above the prefecture level where the investigation organ is located.

If the people's court needs to take the criminal to the detention center for retrial, the detention center shall allow the criminal to be taken with the written decision of the people's court for criminal retrial or the written ruling of criminal retrial, or the written protest of the people's procuratorate, and go through the relevant formalities.

Article 55 A criminal sentenced to criminal detention may go home for one or two days every month. The criminal himself filed an application and the police signed an opinion. After being examined by the director of the detention center, it shall be reported to the public security organ for approval.

Article 56 If a foreign criminal sentenced to criminal detention applies for visiting relatives, the detention center shall report to the public security organ at or above the prefecture level for examination and approval. If the public security organ at or above the prefecture level makes an approval decision, it shall report it to the public security organ at the next higher level for the record.

Foreign criminals sentenced to criminal detention are not allowed to leave the country when visiting relatives.

Fifty-seventh for criminal detainees who are allowed to go home, the detention center shall issue a certificate of going home and inform them of the relevant regulations that should be observed.

The time for criminals to go home cannot be used intensively, and the end of the sentence cannot be regarded as the time for returning home, and criminals can be released in advance in disguise.

Article 58 If a criminal needs to go through civil legal acts such as marriage registration and must do it himself, he shall submit a written application to the detention center and go out to handle the case with the approval of the leaders of the detention center, accompanied by two or more police officers.

Article 59 In civil proceedings, if a criminal needs to appear in court, he shall entrust an agent ad litem to appear in court on his behalf. In a lawsuit involving personal relations, if a criminal must appear in court in person, he shall go through the formalities of temporarily leaving the place with the notice of appearance of the people's court, and the judicial police of the people's court shall be responsible for escorting him and take him back on the same day.

If it is inappropriate for a criminal to leave the detention center to appear in court due to special circumstances, the detention center may consult with the people's court, and according to the provisions of Article 121 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall go to the detention center for trial.

Article 60 If a prisoner's spouse, parents or children are critically ill or die and really need to go home for treatment, the local police station will issue a certificate, and with the approval of the leader of the public security organ under the detention center, they can be temporarily executed outside prison, escorted by more than two policemen and returned on the same day.

Section 3 Life and Health

Sixty-first prisoners' meals shall be carried out according to the physical quantity standards formulated by the financial department and the public security department of the State Council.

Article 62 Criminals should wear prison clothes.

Article 63 The lifestyle and eating habits of ethnic minority criminals should be respected. During the treatment of a prisoner's illness, the detention center shall appropriately raise the food standard.

Article 64 A detention center shall inspect the articles received by criminals, and non-daily necessities shall be registered and kept by the detention center. The money received by criminals is kept by the detention center and issued to criminals with charge cards.

After checking the articles and money sent to criminals, the detention center shall issue a receipt to the sender and the sender.

Criminals can use goods and spend money in accordance with relevant regulations. After the criminal is released from prison, the balance and personal belongings will be recovered by him.

Article 65 A detention center shall promptly treat sick criminals. If infectious diseases need isolation treatment, they should be treated in time.

Article 66 If a criminal dies while serving his sentence, the detention center shall immediately report to the public security organ to which he belongs, and notify the criminal's family, the people's procuratorate and the people's court that originally pronounced the sentence. If a criminal of foreign nationality dies, he shall immediately report to the provincial public security organ.

If a criminal dies, the public security organ or the affiliated hospital of the detention center shall conduct the cause of death appraisal. If the criminal's family members have objections, they may raise them with the people's procuratorate.

The fourth quarter assessment, rewards and punishments

Article 67 A detention center shall, in accordance with the principles of openness, fairness and impartiality, make a quantitative assessment of prisoners' reform performance. The assessment should be filled out by the disciplinary police. The main contents of the assessment are the prisoner's confession, compliance with prison regulations, education and participation in labor.

The assessment results serve as the basis for classifying criminals, rewarding and punishing them, and requesting commutation and parole.

Article 68 If a prisoner is under any of the following circumstances, the detention center may give him praise, material rewards or merit:

(1) Abide by management regulations, study hard, work actively, and have a good attitude of pleading guilty;

(2) Preventing illegal and criminal activities;

(three) care for public property or save raw materials in labor, and have achieved results;

(four) technical innovation or imparting production technology, and achieved certain results;

(5) Having made certain contributions to the prevention or elimination of disasters and accidents.

(6) Having made other contributions to the country and society.

The criminal's material reward or meritorious service is put forward by the police, and the material reward is approved by the leader of the detention center, and the meritorious service is decided by the detention center. If a prisoner sentenced to fixed-term imprisonment has one of the circumstances listed in the preceding paragraph and has always performed well during his sentence, the detention center may allow him to leave the detention center to visit relatives according to the circumstances.

Article 69 If a prisoner applies to leave his place of residence to visit relatives, he shall be guaranteed by his family members, and shall be reported to the leader of the public security organ for approval after being studied and approved by the detention center. Visiting relatives does not include travel time, three to seven days. During the period of visiting relatives, criminals are not allowed to leave their relatives' residences or leave the country.

The detention center affairs meeting shall be recorded in writing and signed by the participants.

It is not allowed to arrange the time for criminals to leave their relatives after serving their sentences, and release criminals in advance in disguise.

Article 70 A detention center shall issue a certificate of visiting relatives to criminals who leave their place of residence. Criminals should report to the local police station with proof of leaving their relatives on the day they go home. When he returns to the detention center, the police station will indicate his performance during visiting relatives from the place where he left.

Article 71 If any of the following circumstances disturbs the supervision order and the circumstances are minor, a warning shall be given; If the circumstances are serious, give a demerit; If the circumstances are serious, be confined; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Gathering people to make trouble and disturbing the normal supervision order;

(2) Insulting or beating the police;

(3) bullying other criminals;

(four) theft, gambling, fighting, stirring up trouble;

(5) Having the ability to work, refusing to take part in labor or slacking off, and refusing to change after education;

(six) to avoid labor by means of self-injury, self-injury, etc.;

(7) Deliberately violating the operating rules or intentionally damaging the production tools in production and labor;

(eight) other acts in violation of the provisions of the detention center management.

The criminal's demerit and confinement shall be put forward by the correctional police and reported to the detention center leader for approval. The confinement period is five to ten days, during which meetings and correspondence are suspended.

Article 72 A detention center shall designate a special person to educate and help detained criminals. If there is indeed repentance, the confinement can be lifted in advance, and the police will put forward written opinions and report them to the leaders of the detention center for approval; When the confinement expires, it shall be lifted immediately.

Chapter IV Education Reform

Article 73 A detention center shall establish a system of education and reform for criminals, and educate them in legal system, morality, culture and skills.

Article 74 In the education of criminals, we should adhere to the principles of teaching students in accordance with their aptitude, convincing people by reasoning and paying attention to practical results, and adopt the methods of combining collective education with individual education, and combining internal education with external education.

Article 75 A conditional detention center shall set up classrooms, conversation rooms, recreation and sports rooms, libraries, reading rooms, audio-visual classrooms, psychological consultation rooms and other educational reform places, and be equipped with necessary facilities.

Seventy-sixth detention centers should be based on current affairs, politics, major events, etc. , timely collective education for criminals.

Article 77 A detention center shall, according to the specific circumstances of each prisoner, conduct targeted education in a timely manner.

Article 78 A detention center shall actively seek social support and cooperate with the detention center to carry out social assistance and education activities. Detention centers can organize criminals to visit and study in the society and receive education.

Article 79 A detention center shall, according to different situations, provide cultural education to prisoners and encourage them to learn by themselves.

Criminals can take the self-study examination for higher education held by the state, and detention centers should provide convenience for criminals to study and take the examination.

Article 80 A detention center shall strengthen the cultural construction in the prison area, organize criminals to carry out appropriate cultural and sports activities, and create a reform environment conducive to the physical and mental health and development of criminals.

Article 81 A detention center shall organize prisoners to participate in labor, cultivate their labor skills, actively create conditions, and organize prisoners to participate in various vocational and technical education and training.

Article 82 The working hours of prisoners in detention centers shall be implemented with reference to the relevant state regulations on working hours.

Criminals have the right to rest on statutory holidays and rest days.

Article 83 A detention center may, as appropriate, pay remuneration to criminals who take part in labor and implement the relevant state regulations on labor protection.

Article 84 If a prisoner is injured, disabled or dies in the course of labor, the detention center shall handle it with reference to the relevant provisions of the state labor insurance.

Chapter V Supplementary Provisions

Article 85 If a criminal commits a crime again in a detention center, the detention center shall conduct investigation; Major and complicated cases are investigated by public security organs.

Article 86 If a detention center discovers that a criminal has committed a crime that was not discovered before the judgment, it shall report it to the local public security organ in writing.

Eighty-seventh public security organs at or above the prefecture level may set up detention centers according to the actual situation, and concentrate on holding criminals who have executed their punishments.

Article 88 The public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government and the Public Security Bureau of Xinjiang Production and Construction Corps may formulate detailed implementation rules according to these Measures.

Article 89 These Measures shall come into force as of July 6, 2008.