Detention refers to a criminal compulsory measure by the investigative agency to force a criminal suspect to be interrogated by an undetained criminal suspect.
It is usually used for criminal suspects who cannot be rejected by legal summons. In special circumstances, can be directly hinted without summons.
If the suspect resists the detention, the investigator can use the refrain.
Basic characteristics of detention
(1) The object of detention is an undetained criminal suspect.
For criminal suspects who have been detained or arrested, they can be interrogated directly without going through the detention procedure;
(2) The purpose of detention is to force the inquiries.
instead of forced investigation, prosecution, or trial. Therefore, the detention of the essay has no effect on detention. After interrogation, the detained successor should be released immediately.
(3) Detention can be applied repeatedly.
This is the advantage of the application of compulsory measures in law enforcement practice.
Applicable object and location of detention
Article 78 of the Procedure Regulations
Public security organs may detain suspects who need to be detained or suspects who have not been summoned without a legitimate reason for the case to be interrogated according to the circumstances of the case, or criminal suspects who have not been summoned without a legitimate reason, may be detained and transferred to the law enforcement and case handling venue of the public security organs in their city or county for interrogation.
If the detention is required, the petition for detention shall be filled out, and relevant materials shall be attached and reported to the head of the public security organ at or above the county level for approval.
The so-called detention refers to a forced arrest method adopted by the public security organs, the people's procuratorate or the people's court in order to make the suspects and defendants be interrogated in a timely manner and ensure the smooth progress of the criminal proceedings, and to prevent the case from being legally summoned without a legitimate reason, or the suspects and defendants who should be forced to arrest the case according to the case situation.
Detention is the one with the least restriction on the personal freedom of criminal suspects and defendants among the five compulsory measures stipulated in the " Criminal Procedure Law ".
Detention is more commonly used in law enforcement practice. is an important measure for criminal suspects in the initial stage of case handling.
2 The applicable objects of public security organs include two types of criminal suspects:
(1) The criminal suspects who need to be detained according to the case situation.
means that the public security organs have collected certain evidence to prove that someone is suspected of a crime, and based on the case situation and the specific performance of the suspect in the case, if the investigation needs to be continued, the detention can be directly applied without taking any subpoena measures to the suspect first.
(2) After the public security organ summons a person suspected of committing a crime, the suspect refuses to go to the law enforcement and case handling site of the public security organ for interrogation at the time designated by the public security organ, can be used for detention and force the suspect to be interrogated.
The place where the escort should be the law enforcement and case handling site of the public security organs , and the suspect cannot be summoned to other places. This is an important revision made when the "Procedure Regulations" is amended in 2020.
The summons specified in this article were designated locations in the county or city where the suspect was located. Although in practice, the suspect was summoned to the law enforcement and case handling site of the public security organs, the expression of the "designated location" is not clear enough, which can easily lead to differences in understanding. It is not ruled out that the summons are designated in hotels, teahouses and other places. Inquiry at these locations is not conducive to ensuring the safety of standardized law enforcement and case handling.
Therefore, the amendment to the Procedure Regulations clearly defines the "designated location" of as "the place for law enforcement and case handling of public security organs ", which is of great significance for standardizing law enforcement, ensuring case handling safety, and avoiding deviations in understanding.
The " law enforcement case handling site " here specifically refers to the public security organs and their respective police types, police stations, and the case handling areas of the law enforcement case handling management center of the public security organs.
case handling area has strict standards and meets safety and confidentiality requirements, including communication room, inquiry room, waiting room, information collection room, identification room, etc. After the detained surrender is taken to the public security organ, he shall lead the person directly to the case handling area, conduct personal safety inspections and information collection first, and be responsible for the supervision, video surveillance and recording.
The case handling area is physically isolated from the office areas where the police are engaged in other work, the reception area where the masses are received, and the police living area.
Interrogation of criminal suspects should be conducted in the interrogation room to ensure the safety of law enforcement, prevent illegal evidence collection such as torture and forced confessions, as well as the occurrence of safety accidents such as suicide and self-harm of the suspect.
The " law enforcement and case handling venue" here should be in the city and county where the suspect is located. The public security organs cannot summon the suspect to the law enforcement and case handling venue of the public security organs outside the city or county where they are located for interrogation.
approval procedures for detention
When the public security organ needs to detain the suspect, the investigator will first prepare a petition for detention report in accordance with the law, which states the reasons, facts, evidence, legal basis and other contents of the detention, and attaches relevant case materials and then report to the head of the public security organ at or above the county level for approval.
After approval, the investigator may issue a detention certificate and execute the detention of the suspect.
Practical Guide
1. About the place of the detention.
The criminal suspect who is detained shall be taken to the law enforcement and case handling venue of the city or county public security organs where the suspect is located for interrogation. It shall not be conducted in another place, nor shall it be taken to office places or hotels, hotels, guesthouses and other places for interrogation.
The city or county where the suspect is located refers to the city or county where the suspect was summoned or detained, regardless of whether his household registration, unit or residence is in the city or county.
2. The case handling area of the interrogation room shall not be set above the second floor, and shall be physically isolated from other functional partitions .
Security prevention devices and alarm and monitoring equipment should be installed in the case handling area. Protective facilities such as guardrails, protective nets and other protective facilities should be installed in relevant aisles, windows, stairs, bathrooms, etc., and protruding hard edges, suspended fulcrums and items that may be directly used for murder, suicide, or self-injury.
Interrogation room should be equipped with synchronous recording and video equipment, special seats for criminal suspects, etc. to ensure the safety of case handling.
3. The content of the detention report includes :
(1) Brief case and filing situation;
(2) Basic information of the criminal suspect;
(3) Situation and evidence of suspected crime;
(4) The time and place of the intended detention;
(5) The legal basis for the execution of detention, etc.
Execution procedure for detention
"Procedure Regulations" Article 79
Public security organs shall present the detention proof certificate and order them to sign and fingerprint the detention certificate.
After the criminal suspect is arrested, he shall be ordered to fill in the time of the case on the detention certificate; after the detention is completed, he shall fill in the end time of the detention certificate on the detention certificate. If the suspect refuses to fill in the document, the investigator shall indicate it on the detention certificate.
Execution procedure before the detained successor was arrested.
The legal certificate of detention and transmission is a legal certificate for the public security organs to detain the suspect in the case for interrogation in accordance with the law during the investigation.
When an investigator executes a criminal suspect, he shall first present the criminal proof to the crime, order the criminal suspect to sign the criminal proof and put fingerprints on the criminal proof; for illiterate criminal suspects, the investigator must also read the criminal proof to him and order the criminal suspect to fill in the time announced to him on the criminal proof, sign and put fingerprints on the criminal proof.
execution procedure after the detained successor was arrested.
After the suspect is arrested, the investigator shall first order him to state the time of the case on the detention certificate and collect and enter relevant information in accordance with relevant regulations.
After the criminal suspect is detained, the investigators should ask him to state the time when the detention ends on the detention certificate.
When the Ministry of Public Security revised the Procedures in 2012, the Ministry of Public Security, in response to this paragraph, the "after the interrogation is completed, the interrogation end time shall be filled in the "Certificate of Detention"" shall be modified to "After the interrogation end time, the interrogation end time shall be filled in the detention end time" in the detention certificate.
Changes "interrogation" to "detention" to clarify the start time of detention. The time spent on
in should be accurate to "time" . If the suspect refuses to fill in the time of inception, the end of the detention, as well as the signature or fingerprint of the criminal suspect, the investigator who executes the detention shall indicate the detention certificate.
Because the Criminal Procedure Law clearly limits the time for to be detained, that is, it generally cannot exceed 12 hours. If the case is particularly serious and complicated and requires detention and arrest measures, the detention period shall not last more than 24 hours.
The public security organs ordered the suspect to state the time of arrival and end time of detention on the detention certificate, and to the "time", to prove that the duration of detention and transmission of the suspect was lasted. This is of great significance to prevent the suspect from accusing the public security organ of not detaining the suspect in accordance with the law in the future.
The so-called arrival time refers to the time when the detained successor arrives at the law enforcement and case handling site of the public security organs in the city or county where they are located .
Practical Guide
1. The certificate of detention is valid once and cannot be used multiple times.
The litigation file at the end of the investigation If the suspect needs to be detained again, the certificate of detaining the criminal suspect should be remade.
2. According to the law, the detention shall be carried out by more than 2 investigators.
Before the execution of the escort, the investigator should first indicate his or her law enforcement identity, that is, to present the suspect to the people's police certificate , indicating his or her work unit and the law enforcement activities being carried out; investigators wearing people's police uniforms generally do not show their work documents, but if the suspect requests to show, the investigator should show them.
3. Detention is mandatory, and the detained person must obey.
According to Article 8 of the Regulations on the Use of Police Equipment and Weapons of the People's Police, when a person's police performs a criminal escort in accordance with the law, if he encounters a criminal who may escape, commit murder, commit suicide, commit suicide, self-injure or have other dangerous behaviors, he may use handcuffs, shackles, police ropes and other binding police equipment, but if he uses police equipment, he shall not intentionally cause personal injury.
4. Detain and supervise the report.
If the case handling unit of the public security organ takes measures such as detention and transmission to the person involved, it must report the name, age, gender, suspected illegal and criminal acts, implementation time, location of the person involved in the case after the implementation of the measures, the case handling unit and the sponsored police department of the public security organ at the same level to the police inspector department of the public security organ at the same level for filing.
Time limit and requirements for detention
"Procedure Regulations" Article 80
Detention tragedy shall not exceed twelve hours; if the case is particularly serious and complicated and requires detention and arrest measures, the detention period shall not exceed 24 hours with the approval of the head of the public security organ at or above the county level.
shall not detain criminal suspects in disguise in the form of continuous detention.
If the deadline for detention expires and no other compulsory measures is made, the detention shall be terminated immediately.
time limit.
The so-called jail time limit, that is, the duration of the jail time, refers to the time when each jail time, calculated from the time when the suspect arrives in the case, and until the time when the jail time is over, .
makes clear provisions on the duration of the detention of the detained person on the grounds of detention.
Usually, the detention and escort of shall not exceed 12 hours; for the case that the case is particularly serious and complicated and requires detention and arrest measures, the time for detention and holding of the line can be appropriately extended with the approval of the head of the public security aircraft at or above the county level, but the maximum period shall not exceed 24 hours.
The duration of the detention refers to the duration of the detention.
The criminal suspect shall not be detained in disguise in the form of continuous detention, which means that the criminal suspect shall not be detained in the form of continuous detention, which shall not be detained for the legal maximum period in the form of continuous detention, thereby depriving the criminal suspect of his personal freedom.
conditions for ending the arrest.
After taking detention measures against the suspect, the public security organs shall immediately interrogate and collect relevant evidence. According to the law and the specific circumstances of the case, especially based on the collected evidence and the situation of the suspect, decide whether it is necessary to change the compulsory measures for the detained successor.
If the detained person needs to change to and be released on bail , , , , detention, arrest and other compulsory measures, they shall be reported within the time limit for detention and a decision shall be made.
When revising the Procedure Regulations in 2012, it was clearly stipulated that the deadline for detention expires and no decision is made to take other compulsory measures, the detention should be ended immediately. The purpose is to prevent human delays in detention and infringe on the legitimate rights and interests of the suspect.
For those who do not approve the change to other compulsory measures, the detention of the criminal suspect shall be ended within the deadline, so that the suspect can leave the public security organs freely, and the personal freedom of the detained person shall not be restricted.
Practical Guide
1. How to define "the case is particularly important and complex". How to define "the case is particularly serious and complex", there is currently no clear legal interpretation of , and the case handling department needs to decide based on the actual situation of the case.
In practice, it should be noted that the duration of the detention period shall not be extended arbitrarily on the grounds that the case is particularly serious or complicated.
At the same time, prevent arbitrarily stretching the scope of "especially significant and complex" cases, and extend the duration of detention and transmission of criminal suspects in general cases to 24 hours.
"The case is particularly serious and complex" and "detention and arrest measures need to be taken" must be met at the same time.
may not be extended without approval, so as not to abuse legal provisions and infringe on the personal rights of the suspect .
2. Extending the deadline for detention is a strengthening of the right to investigate.
will resolve the problem of tight case handling periods for public security organs to a certain extent, and increase the intensity of public security organs to combat crimes. From the perspective of legislative spirit, it is extended to 24 hours to meet the needs of relevant reporting work before detention and arrest. Therefore, the "needs" in this article of should be understood as the case handling department "deems it necessary" and does not require the result of detention and arrest .
Of course, this "consideration is necessary" does not "consider" at will, but must be based on facts and evidence, and measured and judged according to the conditions of detention and arrest.
At the same time, the duration of the detention must not exceed 24 hours, which means the longest time, and those that meet the conditions must reach 24 hours before the end.
In practice, if interrogation and relevant legal procedures can be completed in a shorter time, it should be completed as soon as possible to avoid meaningless and punitive personal restrictions. This is also a concrete manifestation of human rights protection.
3. When detaining the suspect, his or her diet and necessary rest time should be guaranteed.
Public security organs and their internal institutions can set up waiting rooms in the case handling area for waiting and resting of criminal suspects. When ensuring the suspect's diet and necessary rest, the situation should be recorded truthfully in the interrogation record or the corresponding ledger.
