Measures for the Management of Detention Centers Serving Criminal Punishments

Legal analysis: The armed guarding and escorting of prisoners in detention centers is handled by the Chinese People's Armed Police Force. Detention centers provide operational guidance to armed police officers on duty. The supervision activities of detention centers are subject to the legal supervision of the people's procuratorate.

Detention centers are on duty 24 hours a day. Personnel on duty shall stick to their posts and patrol the prison cells at all times. Prisoners who have been sentenced to death and have not yet been executed must wear additional equipment.

Persons who have facts that indicate that they may riot, escape, or commit suicide may use weapons with the approval of the director of the detention center. In an emergency, it may be used first and then reported to the director of the detention center. After the above circumstances are eliminated, they shall be lifted.

Detention centers implement a one-day living system, and detainees strictly follow a set schedule and rest. Detainees have ** TV time at night, and after the TV ends, they will be on duty in shifts according to the schedule.

Legal basis: "Regulations of the People's Republic of China on Detention Centers" Article 2: Detention centers are organs for the detention of persons who have been arrested or criminally detained in accordance with law. Convicts who have been sentenced to up to one year imprisonment, or whose remaining sentence is less than one year, and it is inconvenient to send them to a re-education labor facility to serve their sentence, may also be placed in the custody of a detention center.

Detention centers are not necessarily criminal penalties. Those who are criminally detained and who are arrested are detained in detention centers. Those who have less than three months left in the detention center after the court ruled that the remaining sentence is also serving their sentence in the detention center. Therefore, not all people in detention centers are criminally detained.

Article 2 of the Measures for the Management of Criminals Serving Criminal Punishments in Detention Centers, where convicts sentenced to fixed-term imprisonment have less than one year remaining in their sentence before they are transferred for enforcement, the detention center is to enforce the punishment on their behalf. Convicts sentenced to short-term detention are to be executed by the detention center. Juvenile offenders shall be punished by the juvenile correctional institution.

The measures for the management of criminals serving their sentences in detention centers are as follows:

1. Where adult and juvenile convicts sentenced to fixed-term imprisonment have less than three months remaining in their sentence before they are transferred for enforcement, the detention center is to enforce the sentence on their behalf. Adult and juvenile offenders sentenced to short-term detention are to be sentenced by the detention center;

2. Detention centers shall set up special prison areas or cells to supervise convicts. Prison areas and cells shall be set up within the detention center's security walls;

3. Detention centers managing convicts shall adhere to the principles of combining punishment and reform, and combining education and labor, to transform convicts into law-abiding citizens;

4. The convict's personality is not to be insulted, his personal safety and lawful property are not infringed upon, and the convict enjoys the right to defense, appeal, accusation, report, and other rights that have not been deprived or restricted in accordance with law. Convicts shall abide by laws, regulations, and detention center management provisions, obey management, receive education, and participate in labor in accordance with provisions;

5. Detention centers shall safeguard the lawful rights and interests of convicts and provide necessary conditions for convicts to exercise their rights;

6. Where detention centers submit a request for commutation or parole, or handle a convict's temporary service of sentence outside of prison, where there might be factors that affect the impartiality of law enforcement by using power or money, they should strictly review and approve it in accordance with law.

During the period when convicts are released on medical parole, the guarantor shall perform the following obligations:

1. Assist community corrections institutions in supervising the guarantor's compliance with laws and relevant provisions;

2. Where it is discovered that the person being guaranteed has left the city or county of residence without authorization, changed their place of residence, has committed illegal or criminal acts, the circumstances of medical parole have disappeared, or the person being guaranteed has died, immediately report it to the community corrections establishment;

4. Supervise and assist the Guarantor to regularly review the condition and report to the enforcement agency in accordance with the regulations.

To sum up, adult and juvenile offenders sentenced to fixed-term imprisonment who have less than three months of their remaining sentence before being handed over for enforcement are to be executed by the detention center. Adult and juvenile offenders sentenced to short-term detention are to be sentenced by the detention center;

Legal basis]:

Article 213 of the Criminal Procedure Law of the People's Republic of China.

When convicts are transferred for enforcement of their criminal punishments, the people's court that transferred them for enforcement shall send the relevant legal documents to the prison or other enforcement organs.

For convicts sentenced to death with a two-year suspension, life imprisonment, or fixed-term imprisonment, the public security organs are to send the convict to prison to enforce their punishment in accordance with law. For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than one year before they are transferred for enforcement, the detention center is to enforce it on their behalf. For convicts sentenced to short-term detention, the public security organs are to enforce the law.

Juvenile offenders shall be sentenced in a juvenile correctional facility.

Legal Analysis: The task of detention centers is to ensure the safety of detainees in accordance with national laws. education of prisoners; administering the life and hygiene of prisoners; Ensure the smooth and delayed progress of investigations, prosecutions, and trials.

Legal basis: Regulations of the People's Republic of China on Detention Centers Article 4: Detention centers supervising prisoners must adhere to the principle of combining strict vigilance and education, persist in lawful, strict, scientific, and civilized management, and protect the lawful rights and interests of prisoners. It is strictly forbidden to beat, scold, corporal punishment, or abuse of prisoners.