Implemented since June 1 2004.

Chapter I General Principles

Article 1 These Provisions are formulated in accordance with the People's Police Law of the People's Republic of China for the purpose of standardizing the continuing interrogation, ensuring the public security organs to perform their duties and exercise their functions and powers according to law, maintaining social order and protecting the legitimate rights and interests of citizens.

Article 2 The term "continuous questioning" as mentioned in these Provisions refers to the measures taken by the people's police of public security organs to maintain social order, and to take them to the public security organs for continuous questioning when they find that there are legal circumstances after on-the-spot questioning and checking.

Article 3 When applying for continuing cross-examination, public security organs shall follow the principles of legality, fairness, timeliness, civilization and ensuring safety, and ensure that the applicants are accurate, the procedures are legal and handled properly.

Article 4 The competent department of the police station of the public security organ shall be responsible for the professional guidance and centralized management of continuing questioning.

Article 5 The work of continuing cross-examination shall be carried out by the people's police. It is strictly forbidden for people who do not have the identity of the people's police to engage in law enforcement work related to continued questioning.

Article 6 Public security organs shall continue to accept the supervision of people's procuratorates, administrative supervision organs, society and citizens according to law.

Chapter II Applicable Objects and Duration

Article 7 In order to maintain public order, the people's police of public security organs may interrogate and inspect persons suspected of committing crimes on the spot after showing their law enforcement status.

People's police who are not wearing standard clothes must show their law enforcement certificates to identify themselves before on-site questioning and inspection.

Article 8 After on-site interrogation and verification, the people's police can take him to the public security organ for further interrogation if he is suspected of violating the law or committing a crime and is under any of the following circumstances:

(1) Victims and witnesses accuse or identify them as having committed criminal acts;

(two) suspected of violating the administration of public security or committing criminal acts;

(three) there is a violation of public security management or criminal suspicion and the identity is unknown;

(4) The articles carried may be stolen goods that violate the administration of public security or commit crimes.

Article 9 A person under any of the following circumstances shall not be subjected to further questioning:

(1) Being suspected of violating the administration of public security or committing a crime, but not being questioned or examined on the spot;

(two) after on-site inquiry and inspection, violations of public security management and criminal suspects have been ruled out;

(3) The highest legal punishment for suspected violation of public security administration is warning, fine or other administrative punishment that does not restrict personal freedom;

(4) Being arrested at his domicile or workplace and other circumstances in which summons or compulsory summons should be directly applied according to law;

(5) Having surrendered himself to the public security organ;

(six) knowing that the case involved has been accepted as a public security case or has been established as a criminal case;

(seven) the parties to a case or event that is not under the jurisdiction of the public security organ;

(eight) suffering from mental illness, acute infectious disease or other serious diseases;

(nine) other conditions that do not meet the requirements listed in Article 8 of these Provisions.

Article 10 A person who meets the conditions listed in Article 8 of these Provisions and is under any of the following circumstances may accept continuous interrogation, but the interrogation must be completed within 4 hours after being taken to the public security organ and may not be sent to the waiting room:

(1) A woman who is pregnant or breast-feeding a baby under one year old;

(2) Minors under the age of sixteen;

(three) the elderly who have reached the age of seventy.

If the person specified in the preceding paragraph is released between 9: 00 pm and 7: 00 am the next day, it shall notify his family or guardian to take it back; If the identity is unknown or there is no family member or guardian, and it is impossible to inform, it shall be escorted to the residence.

Article 11 The time limit for continuing cross-examination is generally twelve hours; If it is really difficult to confirm or exclude criminal suspects within 12 hours, it can be extended to 24 hours; For those who don't tell their real names, addresses and identities and can't confirm or exclude their suspects within 24 hours, it can be extended to 48 hours.

The time limit prescribed in the preceding paragraph starts from the time when the person suspected of violating the law and committing a crime is taken to the public security organ, and ends when the interrogated person is free to leave the public security organ or be handed over to the relevant supervision place for execution after being decided on criminal detention, arrest, administrative detention, detention education and compulsory detoxification, including applying for approval to continue interrogation, extending the time limit for continuing interrogation and handling decisions.

Twelfth public security organs should continue interrogation in strict accordance with the scope and time limit of these Provisions, and prohibit the following acts:

(a) beyond the scope of application to continue to question;

(two) beyond the time limit to continue questioning;

(three) continue to cross-examine and fail to perform the examination and approval and registration procedures;

(four) to continue questioning instead of punishment;

(five) to continue questioning as a means to urge fines and charges;

(6) Failing to continue interrogation of persons suspected of violating the law and committing crimes immediately after being approved to continue interrogation;

(7) detaining others in disguised form by means of continuous questioning.

Chapter III Approval and Enforcement

Article 13 The people's police of the public security police station can immediately bring back a criminal suspect who meets the conditions listed in Article 8 of these Provisions and is really necessary to continue interrogation, and make an interrogation record on the spot, fill in the approval form for continuing interrogation, and report it to the person in charge of the public security police station for approval and decision to continue interrogation 12 hours. If it is approved to continue interrogation, the Approval Form for Continuing Interrogation shall be copied, faxed or reported to the county, city, flag public security bureau or the competent department of the public security police station of the Municipal Public Security Bureau for the record.

County, city, flag public security bureau or other case-handling departments of urban public security bureau, and people's police of public security organs at or above the municipal level with districts and their internal organs directly apply summons, summons, criminal detention, arrest, bail pending trial or residential surveillance to illegal suspects, and do not apply to continued questioning; In accordance with the conditions listed in Article 8 of these Provisions, if it is really necessary to continue interrogation, it may be taken to the nearest police station for further interrogation in accordance with these Provisions.

Article 14 If a person suspected of violating the law and committing a crime is approved to continue interrogation, the police station shall fill in the Notice of Continuing Interrogation, serve it on the person being interrogated, and immediately notify his family or unit; If the interrogation is not approved, it shall be released immediately.

If the identity of the person being interrogated is unknown or there is no family member or unit, it shall be indicated in the notice of continuing interrogation, and shall be signed or fingerprinted by the person being interrogated. However, if an unidentified person cannot be notified, his family members or the unit to which he belongs shall be notified in accordance with the provisions of the preceding paragraph after his identity is ascertained in the continuing interrogation.

Article 15 If the family members of the interviewee are elderly, disabled, mentally ill, minors under the age of 16 or others who cannot live independently, and the family members of the interviewee are left unattended after continuous inquiries by the public security organs, the public security organs shall notify their relatives and friends to take care of them or take other appropriate measures to make proper arrangements, and inform the interviewee of the arrangements in time.

Article 16 After approving the continued cross-examination of a person suspected of committing a crime, the cross-examination shall be continued immediately in combination with on-site cross-examination and inquest to confirm or exclude his suspected crime.

If the interrogation continues, a record of the interrogation shall be made, indicating the specific time when the interrogated person was taken to the public security organ. After verification, the interrogated person shall sign or fingerprint it. If the person questioned refuses to sign or fingerprint, it shall be noted in the record.

Article 17 If the conditions listed in Article 11 of these Provisions are met and it is really necessary to extend the time limit for continuing interrogation to 24 hours, the police station shall fill in the approval form for extending the time limit for continuing interrogation and report it to the person in charge of the county, city, banner public security bureau or urban public security bureau for approval; If it is really necessary to extend the time limit for continuing interrogation from 24 hours to 48 hours, the police station shall fill in the Approval Form for Extending the Time Limit for Continuing Interrogation and report it to the person in charge of the county, city, banner public security bureau or urban public security bureau for approval.

The person in charge on duty or in charge of the county, city, flag public security bureau or the municipal public security bureau shall make a decision on whether to extend the period of continuing questioning before the expiration of the period of continuing questioning, but shall not decide to directly extend the period of continuing questioning from 12 hours to 48 hours.

Article 18 Police equipment and weapons shall not be used against the person being interrogated, except under the circumstances stipulated in the Regulations of the People's Police of the People's Republic of China on the Use of Police Equipment and Weapons.

Nineteenth in any of the following circumstances, it shall immediately stop continuing the inquiry, and immediately release the person being questioned or make a decision according to law:

(1) One of the circumstances listed in Article 9 of these Provisions is found in the continuous inquiry;

(2) It has been proved that there are illegal and criminal acts;

(3) There is evidence to prove that there is a criminal suspect.

If the suspect has been ruled out after continuing the interrogation, or if the time limit for continuing the interrogation or extending the interrogation has expired and the suspect cannot be identified, the interrogated person shall be released immediately.

Article 20. If the interrogators are terminated or released, the specific time, reason and result of termination or release shall be stated in the registration form for continuing interrogation, and the interrogators shall sign or fingerprint after verification. If the person being interrogated refuses to sign or fingerprint, it shall be indicated in the registration form for further interrogation.

Twenty-first during the period of continuing interrogation, if a decision on criminal detention, arrest or administrative detention, education or compulsory detoxification is made according to law, it shall be immediately handed over to the relevant supervision place for execution; If a decision on administrative punishment such as bail pending trial, residential surveillance or warning or fine is made according to law, it shall be released immediately.

Twenty-second during the period of continuing questioning, the public security organ and its people's police shall protect the legitimate rights and interests of the questioned person according to law, and the following acts are strictly prohibited:

(1) extorting a confession by torture from the interrogated person;

(2) Beating, corporal punishment, maltreating or insulting the person being questioned;

(3) extorting or extorting or accepting bribes;

(4) Embezzling, misappropriating or damaging the property of the person being questioned;

(five) in violation of the provisions of fees or fines;

(six) other acts that infringe upon the legitimate rights and interests of the person being questioned.

Article 23 The police station shall immediately take measures to treat the interrogators who are suddenly ill or injured during continuous interrogation, notify their families or units, and report to the person in charge of the county, city, flag public security bureau or municipal public security bureau, and make detailed records. If the person being interrogated is unknown or has no family members or units and cannot be notified, it shall be indicated on the registration form for continuing interrogation.

The cost of treatment shall be borne by the interviewee or his family. However, if the person being questioned is sick or injured due to the fault of the public security organ or others, the treatment expenses shall be borne by the party at fault.

Twenty-fourth the person being questioned died in the process of continuous questioning, the police station shall do the following work:

(a) to protect the scene, take good care of the body;

(two) immediately report to the county, city, flag public security bureau or the municipal public security bureau supervisor or the person in charge on duty, the police inspector department and the police station work department;

(3) immediately notify the family or unit of the person being questioned.

Twenty-fifth county, city, flag public security bureau or the Municipal Public Security Bureau shall do the following work after receiving the report of the death of the interrogated person:

(a) immediately notify the people's procuratorate at the same level;

(two) within twenty-four hours, entrust qualified personnel to identify the cause of death;

(three) within three days after making the appraisal conclusion, the appraisal conclusion shall be delivered to the family members or the unit to which the appraiser belongs. If the person being questioned is unknown or has no family members or units and cannot be notified, it shall be indicated in the appraisal conclusion.

If the family members of the interrogators or their units are dissatisfied with the appraisal conclusion, they may apply to the public security organ at the next higher level for re-appraisal within seven days after receiving the appraisal conclusion. After receiving the application, the public security organ at the next higher level shall entrust other people with appraisal qualifications to conduct re-appraisal within three days.

Chapter IV Establishment and Management of Waiting Rooms

Twenty-sixth approved by the public security organs at or above the municipal level, the county, city and banner public security bureaus that meet the following conditions may set up waiting rooms in the police station:

It is necessary to maintain social order;

(two) the police force configuration can ensure that the people's police are on duty, guarding and patrolling when using the waiting room.

Public security organs at or above the county, city and banner level or urban public security sub-bureaus and their internal organs shall not set up waiting rooms.

Twenty-seventh waiting room construction must meet the following standards:

(a) the house is solid, safe, ventilated and light-permeable, with a single room area of not less than 6 square meters and a floor height of not less than 2.55 meters;

(two) indoor should be equipped with fixed seats, and keep clean and tidy;

(3) Articles that may be directly used for crime, suicide or self-injury are not allowed indoors;

(4) The duty room guarding the interrogated person communicates with the waiting room and is separated by railings, which is convenient for observing the indoor situation.

If the criminal suspect continues to be interrogated for more than 12 hours, he shall be provided with necessary bedding.

The waiting room shall be marked with its name, and the provisions on continuing cross-examination, the rights enjoyed by the interrogated person according to law and the regulations on the management of the waiting room shall be announced in a prominent position.

Twenty-eighth waiting rooms must be approved by the public security organs at or above the district level before they can be put into use.

Twenty-ninth waiting room should establish the following daily management system, strict civilized management according to law:

(a) to establish a registration form for continuing interrogation, the name, sex, age, address, unit, case handling department, undertaker, approver, reason for continuing interrogation, starting and ending time and processing result of the person being interrogated shall be stated;

(2) Establish the system of duty, storage and inspection, and define the post responsibilities on duty. When there are interrogators in the waiting room, the people's police should be on duty, watch and check, truthfully record the relevant situation, and do a good job of handover;

(3) Establish a file management system, and according to the requirements of file management, bring the Registration Form for Continuing Interrogation and other relevant materials to justice and keep them for future reference.

Thirtieth in addition to the circumstances listed in Article 10 of these Provisions, during the interval of continuing interrogation, the interrogated person shall enter the waiting room; If there is no waiting room, the people's police shall keep it in the interrogation room or office, or send it to the waiting room of the nearest police station.

It is forbidden to send interrogators to detention centers, criminal detention places, detention centers, compulsory drug rehabilitation centers, detention education centers or other supervision places, and it is forbidden to send interrogators of different sexes to the same waiting room.

Article 31 When the person being interrogated is sent to the waiting room, the people's police in charge shall inquire about his physical condition and make records. If it is found that the person being questioned has obvious symptoms of trauma or serious illness, or has one of the circumstances listed in Article 10 of these Provisions, it shall immediately report to the county, city, flag public security bureau or the police supervision department of the urban public security bureau and the competent department of the public security police station, and make detailed records.

Article 32 The public security organ shall, when sending the person being questioned to the waiting room, make a list of temporary articles, which shall be signed by the person being questioned or kept properly after fingerprinting, and shall not occupy, misappropriate or damage them.

After continuing the interrogation, if the interrogated person's articles belong to illegal and criminal evidence or contraband, they shall be handed over or dealt with according to law, and marked on the list of temporary articles; If it has nothing to do with the case, it shall be returned to the person questioned immediately, and shall be marked on the list of temporary items, signed by the person questioned or fingerprinted.

Article 33 If there is no toilet or sanitary equipment in the waiting room, the people's police must take strict care when leading the interrogated person to leave the waiting room to go to the toilet to prevent accidents.

Article 34 During the period of continuing cross-examination, the public security organ shall provide the interrogated person with basic food and drink.

Chapter V Law Enforcement Supervision

Thirty-fifth public security organs should include the application of continuing questioning in the scope of law enforcement quality assessment, and establish and improve the internal law enforcement supervision system such as the responsibility system for handling cases and the accountability system for law enforcement faults.

Thirty-sixth in addition to the circumstances listed in Article 24 and Article 31 of these Provisions, in case of serious injury, escape, suicide, self-injury, etc. If the person being interrogated continues to be interrogated beyond the approved time limit, the police station must immediately report the relevant situation to the police supervision department of the county, city and banner public security bureau or the urban public security bureau and the competent department of the police station, and make detailed records.

After receiving the report, the police supervision department of the county, city and banner public security bureau or the municipal public security bureau shall immediately conduct on-site supervision.

Article 37 The police supervision department is responsible for on-site supervision of the following situations that continue to be questioned:

(1) Whether the procedures are legal and the legal procedures are complete;

(2) Whether the continuous cross-examination conforms to the statutory scope and time limit;

(three) whether the setting and management of the waiting room violates these provisions;

(4) Whether there is any act of extorting a confession by torture or beating, corporal punishment, maltreating or insulting the interrogated person;

(five) whether there is illegal use of police equipment and weapons;

(six) whether there is any violation of the provisions of the charges or fines;

(seven) whether there are other violations of law and discipline.

Article 38 If the police supervision department finds that the case-handling department or the people's police have violated the law and discipline during the on-site inspection, it shall, in accordance with the relevant provisions, take supervision measures such as stopping, correcting, issuing supervision legal documents, ordering to stop performing their duties or confinement. Need to be punished or investigated for criminal responsibility, transferred to the relevant departments according to law.

Article 39 In case of any of the following circumstances, the public security organ shall investigate the law enforcement fault liability of the responsible personnel in accordance with the Regulations on Supervision of Public Security Organs and the Provisions on the Investigation of Law Enforcement Fault Liability of the People's Police of Public Security Organs, and give punishment in accordance with the People's Police Law of the People's Republic of China, the Provisional Regulations on State Civil Servants and other relevant provisions; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law:

(a) the illegal use of police equipment and weapons, or the implementation of the provisions of Article 12, Article 22, Article 30, paragraph 2 of one of the acts listed;

(2) Setting up a waiting room without approval, or sending the person being questioned to an unqualified waiting room;

(3) Failing to notify the family members of the interviewee or the unit to which he belongs or arrange for the family members of the interviewee to be left unattended in accordance with the provisions of Articles 14 and 15 of these Provisions;

(4) Failing to terminate further interrogation and release the interrogated person in accordance with the provisions of Articles 19 and 21 of these regulations;

(five) failing to report the situation in accordance with the provisions of Articles 23, 24, 31 and 36;

(6) Accidents such as casualties, escape, suicide and self-injury caused by management negligence;

(seven) to assign personnel who do not have the identity of the people's police to engage in law enforcement work related to continuing interrogation;

(eight) the police supervision department failed to conduct on-site inspection and handling in accordance with the provisions, or no violations of law and discipline were found during the on-site inspection;

(nine) there are other violations of the provisions or violations of law.

If the person questioned commits suicide, is beaten to death or dies abnormally in the process of continuous questioning due to illegal use of police equipment and weapons or neglect of management, the people's police who are directly responsible shall be dismissed, the main person in charge of the police station shall be dismissed, the person in charge of the public security organ and the main person in charge shall be punished, and the police station and its subordinate public security organs shall be disqualified from participating in this year's advanced selection.

Article 40 If the interviewee thinks that the public security organ and its people's police violate the law by continuing to ask questions, and apply to the public security organ for state compensation according to law, the public security organ shall handle it in accordance with the provisions of the State Compensation Law.

After the public security organ compensates the losses according to law, it shall order the people's police with intentional or gross negligence to bear part or all of the compensation expenses, and the responsible personnel with intentional or gross negligence shall be investigated for their corresponding responsibilities in accordance with Article 39 of these Provisions.

Chapter VI Supplementary Provisions

Article 41 The terms "above" and "within" mentioned in these Provisions include the number or the corresponding level.

Article 42 The formats of relevant legal documents involved in these Provisions shall be uniformly formulated by the Ministry of Public Security.

Article 43 The public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government and the Public Security Bureau of Xinjiang Production and Construction Corps may, in accordance with these Provisions, formulate specific operating procedures, standards for the construction of waiting rooms and management regulations, and report them to the Ministry of Public Security for filing and examination before implementation.

Article 44 These Provisions shall come into force on 10/day, 2004. If the provisions previously formulated by the Ministry of Public Security on continued interrogation and lien are inconsistent with these provisions, they shall be abolished at the same time.