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There are three types of detention: public security detention, judicial detention, etc., which are administrative coercive measures, and the close relatives of the parties can visit them; Criminal detention is a criminal coercive measure that can only be met by a lawyer appointed by the client or appointed by the court. This is clearly stipulated in China's Criminal Procedure Law, Civil Procedure Law, and Public Security Punishment Law.
According to article 28 of the "Detention Center Regulations", "during the period of detention, with the consent of the case-handling organ and with the approval of the public security organ, a person may correspond and meet with his close relatives".
According to Article 61 of the "Regulations of the People's Republic of China on Detention Administration and Punishment", the time for enforcement of detention is calculated in days. It is one day from the day of admission to the second day.
Article 46: Meetings with detainees.
1) Persons to be met: The detainee's close relatives (referring to parents, husband and wife, children, brothers, sisters, etc.) and the person in charge of the unit may meet with the detainee at the detention center on the basis of their identity documents or a letter of introduction from the unit;
Monday, Wednesday and Friday 9:00-11:00 a.m., 2:30-4:30 p.m. Saturdays, Sundays and public holidays will not be seen;
3) Number of meetings: Each detainee is allowed to meet with close relatives only once during detention. Before the meeting, the meeting must be registered in the meeting registration book. Each meeting shall not exceed 10 minutes, and the number of people to be met shall not exceed 3;
4) Only pocket money, clothes, daily necessities, educational supplies, etc. can be sent during the meeting. Refuse to accept fruits, alcohol, tobacco, dishes, food, etc. The items sent by the interviewers must be inspected by the police on duty before they can be brought into the detention room, and it is strictly forbidden to bring dangerous goods and contraband into the detention room;
5) When lawyers meet with detainees, they must have a letter of introduction from the law firm to which they belong, their lawyer's practice certificate, a power of attorney from the detainee or their family, or a certificate from the case-handling unit.
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Can administrative detention be visited?
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Administrative detention visits once to see the relevant provisions. The detainee's close relatives and the responsible person of the unit may visit them within the prescribed time.
1. Article 28 of the "Detention Center Regulations" stipulates that "during the period of detention, with the consent of the case-handling organ and the approval of the public security organ, a prisoner may correspond and meet with his close relatives".
2. Relatives and friends of the penalized person may visit the penalized person under detention at the designated time of the detention center when they make an appointment in advance, and at the time specified in the detention center.
3. During visits, they may bring daily necessities and food (food needs to be inspected by the police on duty in the detention center), and other items must not be brought to the punished person.
4. The power to adjudicate administrative detention belongs to the public security organ at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days;
5. After the administrative detention decision is announced, during the period of applying for reconsideration and administrative litigation, the punished person and his relatives find a guarantor;
6. or where a guarantee deposit is paid in accordance with regulations, an application may be made for the administrative entity to suspend the execution of administrative detention. According to the provisions of China's Public Security Administration Punishment Law, administrative detention is an important and common type of administrative punishment. The time limit is generally less than 10 days, and the heavier ones are not more than 15 days;
Where there are two or more violations of the administration of public security requiring administrative detention, the maximum is not to exceed 20 days.
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It must not exceed one hour, and the family is less than three people.
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In the case of criminal detention, where relatives are not allowed to visit during the detention period, but the defense lawyer can, the lawyer meets with the criminal suspect in custody, and the investigating organs may appoint personnel to be present based on the circumstances and needs of the case;
In the case of administrative detention, administrative detention has all the prescribed visiting hours. Relatives and friends of the person being punished may make an appointment in advance and visit the person being punished during the time provided for in the administrative detention center.
During visits, they may bring necessary daily necessities, clothing, and food (with the approval of the police in the detention center), and other items must not be sent to the person being punished.
Article 26 of the Regulations on Detention Centers guarantees the right of detainees to meet with detainees during their detention. Detainees shall comply with the detention center's regulations on the management of meetings. Meetings with detainees shall be conducted in the detention center's meeting area at the prescribed time with valid identification documents.
A lawyer retained by a detainee to meet with a detainee shall also present a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official letter of legal aid. Article 27: Where a detainee encounters circumstances such as taking entrance examinations, the birth of a child, or the critical illness or death of a close relative, the detainee or his close relatives may submit an application for leave of absence. The detention center is to submit a review opinion on an application for leave of absence, and report it to the detention decision-making organ for a decision on whether or not to approve it.
The organ making the detention decision shall make a decision on whether to grant leave of absence within 12 hours of the detainee or his close relatives submitting an application. The time during which a detainee takes leave from the detention center is not counted as the period of detention.
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Normally, once a month, once a 30 minutes. Specifically, it depends on what the regulations of each locality are, the performance of the prisoners in reform, or what changes and special circumstances there are.
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The interval between visits during the period of administrative detention is to be determined by the public security organ that carries out the act of detention on its own according to the circumstances, and there is no explicit provision in the current laws and regulations on this matter. According to the "Regulations on the Administration of Detention Centers", with the consent of the case-handling organ and the approval of the public security organ, the detainee may communicate and meet with his or her close relatives.
Legal basis] Article 28 of the Regulations on Detention Centers of the People's Republic of China.
During the period of detention, with the consent of the organ handling the case and the approval of the public security organ, the prisoner may communicate and meet with his close relatives.
Article 29.
When a close relative of a convict is seriously ill or has died, the offender shall be promptly notified.
When the spouse, parents, or children of a convict are critically ill, except in the case where the circumstances of the case are serious, with the consent of the case-handling organ and the approval of the public security organs, the convict is allowed to visit at home under the conditions of strict guardianship.
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How often can you visit in administrative detention, you can usually apply for a visit during the period of administrative detention, and there is no specific time requirement.
Detention for all prescribed visiting hours. Relatives and friends of the person being punished make an appointment in advance, and they may visit the person being punished during the time provided for in the administrative detention center. During the visit, you can bring necessary daily necessities, clothing, and food (
The police of the detention center must inspect and agree), and other items must not be sent to the person being punished.
1. How often can administrative detention be visited.
Detention for all prescribed visiting hours. Relatives of the penalized person
Friends can postpone appointments in advance, and they can visit the punished person during the visiting time specified in the administrative detention center. During visits, they may bring necessary daily necessities, clothing, and food (with the consent of the police in the detention center), and other items must not be sent to the person being punished. Meetings with detainees shall be accompanied by valid identity documents.
The people's police in the detention facility shall inspect the relevant documents and vouchers of the persons meeting with them, complete the registration form for meeting with the detainee, and promptly make arrangements for them. The number of meetings with detainees shall generally not exceed 2, the number of persons at each meeting shall not exceed 3, and the duration of the meeting shall not exceed 30 minutes. Where there are special circumstances requesting a meeting on a non-meeting day or increasing the number, number of people, and time of the meeting, it shall be upon the approval of the detention facility leadership.
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Legal Analysis: How long it takes depends on the regulations of the detention center where the detention is carried out. According to the law, a person who has been given an administrative detention punishment by the public security organ in accordance with the law shall be executed in the detention center.
The detention facility guarantees the right of detainees to meet with them during their detention. Meetings with detainees shall be conducted at the time and area specified in the detention center's type and in accordance with the detention center's regulations, and shall comply with the detention center's regulations on the management of meetings. The law does not explicitly prohibit detainees from meeting with friends.
Legal basis: Regulations of the People's Republic of China on Detention Centers
Article 28: During the period of detention, prisoners may communicate and meet with their close relatives upon the correct intentions of the case-handling organs and bureaus, and with the approval of the public security organs.
Article 29: When a close relative of a convict is seriously ill or dies, the convict shall be promptly notified.
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