(Zhong [2009] No.4)
In order to further standardize the handling activities of political and legal organs, strengthen the safety and prevention of handling cases, and prevent the occurrence of abnormal death accidents such as suicide, self-mutilation and extorting confessions by torture, the following provisions are formulated in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC) and other laws:
The first is to further standardize the setting of handling places. Interrogation rooms, interrogation rooms and other places for handling cases are generally not allowed to be set above the second floor. Safety devices must be installed in the handling place, and articles that may be used for crime, suicide or self-injury shall not be placed. The relevant aisles and windows must have facilities to prevent the investigated objects and criminal suspects from falling off the building.
Two, further standardize the interrogation and inquiry work. Interrogation of a criminal suspect shall be conducted at the place where the case is handled. Interrogation in the office or other places such as hotels, hotels and guest houses is strictly prohibited, and audio and video recordings shall be made throughout. Questioning the investigated object or witness may be conducted in the unit or residence where the investigated object or witness is located, but the documents of the people's procuratorate, public security organ or state security organ must be produced. When necessary, the respondent or witness may be notified to go to the office of the political and legal organ or the place where the case is handled for questioning. During interrogation and inquiry, there shall be no less than two case handlers.
Third, further standardize the application of compulsory measures. For criminal suspects with minor criminal circumstances, compulsory measures to restrict or deprive personal freedom are generally not taken. If it is really necessary to take residential surveillance measures against the criminal suspect, it must be handed over to the public security organ or the state security organ where the criminal suspect's residence or designated residence is located. It is strictly forbidden to implement residential surveillance measures in case-handling places, office places or other places such as hotels, hotels and guest houses. If it is really necessary to detain or arrest a criminal suspect, it must be handed over to a detention center for custody. It is strictly forbidden to detain criminal suspects in places such as handling cases and offices.
Fourth, further standardize the custody work. Public security organs and state security organs must be guarded by case-handling personnel in the process of interrogating criminal suspects, especially when the suspects eat, go to the toilet and have a rest. Only assistants are not allowed to guard. When interrogating criminal suspects and defendants, people's procuratorates and people's courts must implement the system of separating trial from trial and give full play to the role of judicial police. The judicial administrative organ shall strictly implement the prison supervision and safety system. If it is necessary to escort a criminal suspect for identifying and extracting evidence and stolen goods, two or more case handlers or judicial police must be responsible and take necessary safety precautions. If accommodation is needed in the process of remote escort, the criminal suspect must be handed over to the local detention center for custody, and the criminal suspect shall not be allowed to stay in hotels, hotels, guest houses and other places.
Five, to further strengthen the legal and policy education of criminal suspects and defendants. Inform the criminal suspects and defendants of their rights and obligations according to law, and may not exaggerate the consequences of the crime or intimidate the criminal suspects and defendants. Pay close attention to the emotional and psychological changes of criminal suspects and defendants, and take corresponding safety precautions in time if there are signs of overreaction.
Sixth, further protect the legitimate rights and interests of those involved. It is strictly forbidden to restrict or deprive witnesses of their personal freedom in disguise in the name of assisting in investigation and evidence collection, detain criminal suspects in disguise in the name of continuous summons or compulsory summons, detain criminal suspects in disguise in the name of residential surveillance, and extort confessions by torture.
Seven, to further strengthen the safety education and training of case handlers. For case handlers, regular safety education and training must be conducted. Special safety education and training must be conducted for new personnel involved in handling cases before taking up their posts. Organize the compilation of typical cases of abnormal deaths of the persons involved, and give warning education to the case handlers.
Eight, to further strengthen the supervision of handling cases. Give full play to the role of the Political and Legal Committee of the Party Committee and the discipline inspection, supervision, procuratorial and legal departments of various political and legal departments, and strengthen supervision, inspection and guidance on handling cases. In view of the parts and links that are prone to abnormal deaths of the people involved, organize law enforcement inspections to find and eliminate hidden dangers in time.
Nine, to further implement the responsibility system for handling safety. For each case, the case-handling unit shall determine a responsible comrade as the person in charge of case-handling safety prevention, and formulate and implement the case-handling safety prevention work plan. Where there is an abnormal death accident of the person involved, the case-handling personnel shall bear direct responsibility or leadership responsibility.
Ten, to further implement the security accountability system. Where there is an abnormal death accident of the person involved, the case-handling unit must report it to the corresponding central political and legal department and the Central Political and Legal Committee step by step within 1.2 hours after the accident; The main responsible comrades and responsible comrades in charge of the provincial political and legal departments must go to the corresponding central political and legal departments for responsibility review. If the person involved dies abnormally due to illegal handling of cases, the person directly responsible shall be dealt with severely according to law and discipline, and if the circumstances are serious, he shall be transferred from the political and legal team; Those who have leadership responsibilities shall be ordered to resign or be dismissed in accordance with relevant procedures; If a crime is constituted, criminal responsibility shall be investigated according to law.