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It is legal to meet the following conditions:
1.Where the convict is a pregnant or lactating woman (the child is less than 1 year old), the offender is not to be taken into custody.
2.The person to be taken into custody is found to be suffering from mental illness or acute infectious disease through a medical examination; Not to be taken into custody.
3.Where the person to be taken into custody is confirmed to have other serious illnesses through a medical examination, the detainee will not be taken into custody if it is determined that his or her life may be in danger during detention or that he or she is unable to take care of himself. However, if the circumstances of the offender's crime are very heinous, and there is an extremely high possibility of recidivism and a danger to society if the offender is not taken into custody, he may be taken into custody in light of the circumstances.
4.Detention centers accepting prisoners must present an arrest warrant or criminal detention warrant issued by a public security organ or security organ at the county level or above in the possession of the detention organ, or a supporting document from a public security organ, security organ, prison, labor reform organ, people's court, or people's procuratorate at the county level or above to pursue or escort the prisoner to temporary detention.
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This is not lawful, because the public security organs have already made a judgment to detain him, and the detention center must take him in.
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The situation you are talking about is basically non-existent! There are also doctors on duty in the detention center! They are both police officers and doctors!
It will be very professional and timely judge whether the suspect is suitable for detention! It won't drag on for long! If it is not suitable for detention, a notice of refusal to accept the supervisor will be issued - and then the compulsory measures will be changed by the case-handling department!
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Legal Analysis: According to relevant provisions, detention centers will not take into custody those who do not have proof of detention. In addition, a health examination shall be conducted on the newly received detainees, and in any of the following circumstances, they shall not be taken into custody, and the organ sending them to custody shall make other dispositions in accordance with law:
suffering from mental illness or acute infectious diseases; Those who suffer from other serious illnesses that might endanger their lives or are unable to take care of themselves while in custody, except where they are the most heinous and there is a danger to society if they are not detained; Women who are pregnant or breastfeeding their babies under the age of one.
Legal basis: Article 10 of the "Detention Center Regulations" Detention centers shall conduct a physical examination of detainees admitted to them, and in any of the following circumstances, they are not to be taken into custody: (1) they are mentally ill or have acute infectious diseases; (2) Suffering from other serious illnesses that might endanger their lives or are unable to take care of themselves while in custody, however; Except for heinous crimes that are extremely undetained and dangerous to society; (3) Women who are pregnant or breastfeeding their babies under the age of one.
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Conditions for detention centers not to take them into custody: In accordance with relevant provisions, detention centers are not to accept those who do not have proof of detention. In addition, a health examination shall be conducted on the newly admitted detainee, and in any of the following circumstances, the person who sent them to custody shall not be taken into custody, and the organ that sent them to custody shall make other dispositions in accordance with law:
1. Suffering from mental illness or acute infectious diseases; 2. Those who suffer from other serious illnesses and may be in danger of their lives or unable to take care of themselves while in custody, except for those who are extremely serious and are not detained and are dangerous to society; 3. Pregnant or breastfeeding a baby under the age of one. Article 10 of the "Detention Center Regulations" provides that detention centers shall conduct medical examinations for detainees in custody, and in any of the following circumstances, they are not to be taken into custody: (1) Suffering from mental illness or acute transmission of stupidity; (2) Suffering from other serious illnesses that might endanger their lives or are unable to take care of themselves while in custody, however; Except for heinous crimes that are extremely undetained and dangerous to society; (3) Women who are pregnant or breastfeeding their infants under the age of one.
Of course, it's a dereliction of duty, there are such things. It shows that he didn't pay attention to it at all, and the impact was very big.
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