Provisions on Efforts to Prevent and Correct Cases of Extended Detention and Prolonged Detention without Resolution by Criminal Enforcement Prosecution Departments of People's Procuratorates (Provisional)

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Source: http://www.legaldaily.com.cn/index_article/content/2015-08/04/content_6204582.htm?node=6148

Notice on Issuing the Provisions on Efforts to Prevent and Correct Cases of Extended Detention and Prolonged Detention without Resolution by Criminal Enforcement Prosecution Departments of People's Procuratorates

To the criminal enforcement prosecution departments of people's procuratorates of all provinces, autonomous regions, and directly governed municipalities, and to prosecution department of the the Xinjiang Production and Construction Corps:

We hereby you the Regulations on the Work of People's Procuratorate Supervisory Departments for Execution of Criminal Matters Precaution and Correction of Detention Beyond the Deadline and Cases Lacking Resolution over a Long Term (for Trial Implementation). Please integrate it into your work and practically implement it conscientiously.

Provisions on Efforts to Prevent and Correct Cases of Extended Detention and Prolonged Detention without Resolution by Criminal Enforcement Prosecution Departments of People's Procuratorates (Provisional)

Article 1: These Provisions are formulated on the basis of the "Criminal Procedure Law of the People's Republic of China, the "The People's Procuratorate Rules of Criminal Procedure (Provisional)" and other relevant provisions, combined with actual conditions of criminal enforcement work practice, so as to prevent and correct extended detention and prolonged detention without resolution in criminal proceedings, and to fully protect the lawful rights and interests of criminal suspects and defendants.

Article 2: Where the period of detention for criminal suspects or defendants in the investigation, review for prosecution or trial phases exceeds the legal prescribed period of detention, it is a case of extended detention.

Where criminal suspects or defendants have been detained for more than five years, and the case is still in the investigation, review for prosecution, first-instance or second-instance trial phase, are cases of prolonged detention with no resolution.

Article 3: Prevention and correction of cases of extended detention and prolonged detention without resolution, follows the principles of peer supervision, hierarchic oversight, facilitating work, and emphasizing prevention.

Article 4: For cases of extended detention and prolonged detention without resolution, the criminal enforcement prosecution department of the people's procuratorate corresponding to the same level as the case-handling organs is responsible for supervision and corrections.

Prosecution offices based in detention centers have duties such as to discover, prevent, report, give notice of and submit corrective opinions in cases of preventing and correcting extended detention and prolonged detention without resolution.

Article 5: Where discovering that the detention center has not timely urged the case-handling organs to complete formalities for a change in custody and for giving notice of a modification in the detention period, the on-site procuratorate office shall promptly raise an oral or written recommendation to the detention center. Where the circumstances are serious, the on-site procurators office shall, upon reporting to the chief procurator for permission, submit a written procuratorate suggestion to the detention center in the name of that procuratorate.

Article 6: Where discovering that the case-handling organs have not completed formalities for a change in custody and for giving notice of a modification in the detention period in accordance with regulations, the on-site procuratorate office shall promptly report this and inform the criminal enforcement prosecution department of the procuratorate at the level corresponding to the case-handling organ. After verification by the criminal enforcement prosecution department, they shall report to the chief procurator for permission, and a immediately issue a "notice of correction of illegality" to the case-handling organ in the name of that procuratorate.

Article 7: Where discovering that a detention center has not issued a "approaching case expiration notice" to the case-handling organ within 7 days of the the detention period for a criminal suspect or defendant expiring; the on-site procurator office shall submit an oral or written correction opinion to the detention center. Where the circumstances are serious, the on-site procurator office shall report to the chief procurator for permission and issue a "notice of correction of illegality" to the detention center in the name of that procuratorate.

Article 8: After discovering that a criminal suspect or defendant has been detained past the prescribe period, where the detention center does not promptly report to the people's procuratorate in writing and inform the case-handling organ, the on-site procuratorate office shall, upon reporting to the chief prosecutor for permission, issue a "Notice of Correction of Illegality" to the detention center in the name of that procuratorate.

Article 9: After discovering that a criminal suspect or defendant has been detained past the permitted time, the on-site procuratorate office shall immediately report or inform the criminal enforcement prosecution department of the people's procuratorate at the same level as the case-handling organ. After verification by the criminal enforcement prosecution department, they shall report to the chief procurator for permission, and a immediately issue a "notice of correction of illegality" to the case-handling organ in the name of that procuratorate.

Article 10: After a "notice of correction illegality" is issued to the case-handling organ, where the case-handling organ does not release the criminal suspect or defendant within 7 days or modify the compulsory measures, and also does not complete formalities for getting an extension on the period of detention, the criminal enforcement prosecution department shall promptly report to the criminal enforcement prosecution department for the people's procuratorate at the level above.

After the criminal enforcement prosecution of the people's procuratorate at the level above verifies, it shall report to the chief prosecutor for permission and immediately make a report in the name of the procuratorate to the organ at the level above the case-handling organ, and supervises its urging the case-handling organ to immediately correct the extended detention.

Article 11: Where extended detention or prolonged detention without resolution is discovered, the on-site procurator's office shall promptly report or notify the criminal enforcement prosecution department of the people's procuratorate at the level corresponding to case-handling organ. Criminal enforcement prosecution departments shall report to the chief procurator for approval and, in the name of that procuratorate, promptly urge the case-handling organ to speed up case handling progress.

Article 12: Where a case of prolonged detention without resolution also has extended detention, the criminal enforcement prosecution department for people's procuratorate corresponding to the same level as the case handling organ shall report to the chief procurator for and immediately issue a "notice of correction of illegality" in the name of that procuratorate to the case-handling organ.

Article 13: The criminal enforcement prosecution department of the provincial people's procuratorate is responsible for supervising and handling cases without resolution where detention has exceeded time limits by more than three months and detention is prolonged for more than five years without resolution; the criminal enforcement prosecution department of the Supreme People's Procuratorate is responsible for supervising and handling cases without resolution where detention has exceeded time limits by more than six months and detention is prolonged for more than eight years without resolution.

Article 14: Supervision and handling of cases of extended detention and prolonged detention without resolution shall designate specialized personnel to take responsibility; may employ methods such as supervision and handling by phone, letter or at the site; may coordinate with the organ above the case-handling organ for joint supervision and handling; and when necessary, may report to the chief procurator for approval and submit it in the name of that procuratorate to the party commission political-legal committee or people's congress judicial committee at that level for research and resolution.

Article 15: When higher people's procuratorates' criminal enforcement prosecution departments conduct inspections of detention centers, the on-site procurator office's efforts to prevent and correct cases of extended detention and prolonged detention without resolution should be made an important part of the inspection.

Article 16: All provincial level people's procuratorates' criminal enforcement prosecution departments shall periodically make reports on that region's efforts to prevent and correct cases of extended detention and prolonged detention without resolution. The reports may be sent to the chief procurator for permission and released in the name of that procuratorate, and at the same time sending a copy to the provincial-level Party Committee Political-legal committee, the people's congress internal justice committee, the high people's court, and the public security department (bureau).

The Supreme People's Procuratorate's criminal enforcement prosecution department makes a report every half-year on the circumstances of efforts of the nation's procuratorates' efforts to prevent and correct cases of extended detention and prolonged detention without resolution.

Article 17: Where procuratorate criminal enforcement personnel with responsibility for supervising extended detentions and prolonged detentions without resolution do not earnestly perform their supervisory duties, it shall be detected, reported, given notice, and a corrective opinion issued, and where it is not detected, reported, given notice or a corrective opinion is not issued, responsibility is pursued in accordance with law.

Article 18: Upon reporting to the chief procurator for permission, a written recommendation may be made that in the name of that procuratorate that personnel directly responsible for causing the extended detention be given a disciplinary sanction by the unit they are in or the relevant competent authorities; where the circumstances are serious or a crime is suspected, pursue criminal liability in accordance with law.

Article 19: Case-handling organs, as referred to in these Provisions refers to the public security organs and people's courts.

Where there is extended detention or prolonged detention without resolution in a case handled by the people's procuratrorate, after it is discovered b y the on site procuratorate office or criminal enforcement prosecution department, they shall promptly notify the the case management department of that people's procuratorate.

Article 20: These provisions take provisional effect from the date of issuance.

 

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