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Whether or not labor is necessary depends on the actual circumstances of the case, and on the premise of ensuring safety and not affecting criminal litigation activities, the detention center may organize prisoners to perform appropriate labor.
Referring to article 33 of the "Regulations of the People's Republic of China on Detention Centers", detention centers shall conduct legal and moral education on the legal system, morality, and necessary situation and labor for prisoners.
With reference to article 34 of the "Regulations of the People's Republic of China on Detention Centers", detention centers may organize prisoners to perform appropriate labor on the premise of ensuring safety and not impacting criminal litigation activities. Accounts should be established for the labor income and expenditure of prisoners, and strict procedures should be followed.
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l. Prisons shall reasonably organize labor according to the personal circumstances of convicts. 2. The working hours of convicts shall be subject to an eight-hour working day and a holiday rest system. In special circumstances, such as seasonal production, prisons can adjust working hours.
Those who engage in overtime work shall be arranged for compensatory rest or paid for overtime. 3. Juvenile offenders under the age of 18 shall be subject to half-day work and half-day study. 4. Prisons provide civilized and safe working conditions for convicts.
All workplaces have a special safety system and necessary safety facilities, and are equipped with special safety officers to conduct regular supervision and inspection. At the same time, the convicts are provided with necessary labor protection articles that comply with national regulations. 5. Where a convict is injured, disabled, or dies in the course of labor, the prison shall refer to the relevant provisions of the national labor insurance and the "Interim Measures for Economic Compensation for Convicts Injured at Work Injuries and Deaths in the Prison System".
If the sentence is less than one month, it is a long-term detention, and there is no need to work, only to cooperate with ideological rectification!
If the sentence is less than one year, it is a minor crime, and it is normally necessary to work!
Those who are waiting for the court's decision do not need to participate in labor!
Those who are waiting for the transfer from prison are sentenced to fixed-term imprisonment or life imprisonment, and they must participate in labor!
The Prison Law stipulates that convicts who are able to work during the period of serving their sentences and reforming must participate in labor. Prisons are an important part of the state apparatus, and are violent institutions used by the state to maintain stable political, economic, and social order.
When organizing convicts to participate in labor, prisons should provide safe working conditions and labor protection in accordance with the law, and convicts who are disabled as a result of their work should receive compensation for personal injuries provided by the prison as long as they do not intentionally violate the regulations. The special relationship established between prisons and convicts is the unequal relationship between supervision and supervision, reform and reform, and coercion and coercion established on the basis of the judgments and rulings of the people's courts, and this relationship is only subject to the adjustment of the Criminal Law, the Criminal Procedure Law, the Prison Law and their supporting rules and regulations, and does not accept the adjustment of the Labor Law and its relevant provisions, and the adjustment of the Administrative Law and its relevant provisions.
Hope you understand!
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Analysis of legal information: 1. Persons who have been arrested or criminally detained in accordance with the law; 2. Convicts who have been sentenced to fixed-term imprisonment of less than one year, or who have a remaining sentence of less than one year and are inconvenient to be sent to a labor reform facility for enforcement.
Legal basis: "Measures for the Implementation of the Regulations of the People's Republic of China on Detention Centers" Article 2: Detention centers are organs for detaining 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.
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Legal Analysis: 1. Detention centers shall organize prisoners to listen to the broadcast, watch television, read books and newspapers, conduct education on current affairs, policies, and the legal system, and enliven their lives. 2. In order to promote the transformation of prisoners and enhance their physique, on the premise of ensuring safety and not affecting investigation, prosecution, and trial, detention centers may organize prisoners to engage in appropriate labor in the detention center.
Legal basis: Regulations of the People's Republic of China on Detention Centers
Article 33: Detention centers shall conduct education on the legal system, morality, and necessary situations and labor for prisoners.
Article 34: On the premise of ensuring safety and not impacting criminal litigation activities, detention centers may organize prisoners to carry out appropriate labor.
Accounts should be kept for the expenditure of the labor income of prisoners, and strict procedures should be followed.
Article 35: Where prisoners abide by prison rules and perform well during the period of detention, they shall be praised and encouraged; and where there is meritorious service, it shall be reported to the case-handling organ for a lenient disposition in accordance with law.
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Regulations of the People's Republic of China on Detention Centers
Article 22: Prison cells shall be ventilated, lighted, and protected from moisture, heatstroke, and cold. Detention centers shall conduct regular inspections of prison cells, such as mausoleums, and promptly repair them to prevent fires and other natural disasters.
The living area of the detainee shall not affect his or her daily life.
Article 23: Prisoners' food during the period of detention is to be provided with the prescribed standards, and it is prohibited to withhold or misappropriate it.
Ethnic minority offenders and foreign nationals shall be given consideration to their ethnic customs and habits, and shall be given accommodation and care in their daily lives.
Article 24: Prisoners shall bring their own clothes and bedding to hide their skins. Where it is truly impossible to bring it yourself, the detention center is to provide it.
Article 25: Criminals and their relatives shall have the necessary sleep time and one to two hours of outdoor activities every day.
Detention centers shall establish epidemic prevention and cleaning systems for prisoners.
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In the detention center, students can study, read books, watch television, etc., and also perform appropriate physical labor. Article 41 of the "Detention Center Regulations" Detention centers shall, on the basis of the actual situation of the prisoners, carry out legal education, moral education, and education on compliance with prison rules in a planned, purposeful, and targeted manner, urging the prisoners to comply with the prison rules, truthfully explain the problem, and actively report and expose illegal and criminal activities inside and outside the prison. Article 42: The education of offenders may be carried out in the form of group reprimands, individual conversations, cooperating with the case-handling organs to convene a general meeting to deal with criminals leniently and severely, mobilizing relatives and friends of offenders to persuade them, and selecting offenders or persons who have been released to speak in person.
Detention centers shall organize prisoners to listen to the radio, watch television, read books and newspapers, conduct education on current affairs, policies, and the legal system, and enliven their lives. Article 43: In order to promote the ideological reform of prisoners and enhance their physical fitness, detention centers may organize prisoners to carry out appropriate labor in the detention center, provided that safety is ensured and investigation, prosecution, and trial are not impacted. Article 44: Organizing people to work must do what they can, and sick prisoners or death row prisoners must not participate.
It is strictly forbidden to use people without permission to work for any unit or individual. Articles 27, 29 and 30 of the "Implementation Measures" make specific provisions on the living and sanitary conditions of prisoners: the average area of the cell where prisoners live shall not be less than 2 square meters per person.
Detention centers should establish a management system for the daily lives of prisoners. Detention centers shall have facilities and equipment for inmates to bathe. Based on seasonal changes and actual needs, detention centers shall stipulate the number and time of bathing, haircuts, and washing and drying of convicts.
Always keep the inside and outside of the prison clean and hygienic, and pay attention to beautifying the environment. The cells are cleaned every day, disinfected regularly, and the prisoners are well protected from heatstroke in summer and kept warm in winter. Article 22 of the "Detention Center Regulations" provides:
The cell shall be ventilated, lighted, and protected from moisture, heat, and cold. Detention centers shall conduct regular inspections of prison cells and promptly repair them to prevent fires and other natural disasters. The living area of the detainee shall not affect his or her daily life.
Article 23 of the "Detention Center Regulations" stipulates that the food of prisoners during their detention shall be provided in accordance with the prescribed standards**, and it is prohibited to deduct or misappropriate them. Ethnic minority offenders and foreign nationals shall be given due consideration to their ethnic customs and habits, and appropriate consideration shall be given to their daily lives.
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The scope of prisoners held in detention centers is: Persons who have been arrested or criminally detained, and who have been sentenced to fixed-term imprisonment of less than one year, or who have a remaining sentence of less than one year and are inconvenient to be sent to a labor reform facility for execution, may also be supervised by the detention center.
Different; 4. The purpose of application is different; 5. The applicable organs are different. Article 16 of the Law on Penalties for Public Security Administration stipulates that if there are two or more violations of the administration of public security, separate decisions shall be made and the imitation shall be combined. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.
Article 91 of the Criminal Procedure Law stipulates that if the public security organ finds that it is necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
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