Legal basis for detaining servicemen in police station;
(a) the provisions of the public security organs to handle criminal cases.
1, Article 14? According to the provisions of the Criminal Procedure Law, criminal cases are under the jurisdiction of public security organs, except the following criminal cases.
(1), crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of illegal detention, crimes of extorting confessions by torture, crimes of retaliation, framing and illegal search by state functionaries, crimes of infringing citizens' democratic rights, and other major criminal cases committed by state functionaries by taking advantage of their powers as decided by people's procuratorates at or above the provincial level.
(2) A case of private prosecution, but a minor criminal case directly accepted by the people's court with the victim's evidence proves that the prosecution is rejected due to insufficient evidence, and the people's court transfers it to the public security organ or the victim complains to the public security organ, and the public security organ shall accept it; If the victim directly complains to the public security organ, the public security organ shall accept it.
(3) Crimes committed by soldiers in violation of their duties and criminal cases within the army.
(4) Criminal cases in which criminals commit crimes in prison.
(5) Other criminal cases that should be under the jurisdiction of other organs according to laws and regulations.
2. Article 29? The division of jurisdiction over criminal cases between public security organs and the army shall be handled in accordance with relevant regulations.
The division of criminal jurisdiction between public security organs and armed police forces shall be handled in accordance with the principle of division of criminal jurisdiction between public security organs and military forces. The criminal cases of the personnel of the public security frontier defense, fire fighting and security departments listed in the sequence of the Armed Police Force shall be under the jurisdiction of the public security organs.
(2) Provisions of the General Political Department of the Ministry of Public Security of the Supreme People's Procuratorate and the Supreme People's Court on several issues concerning cases involving the military and local authorities.
In order to better implement the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC) and crack down on criminal activities in a timely and effective manner, according to the principles of mutual support, exchange of information, close cooperation and cooperation with the enemy by military and local political and legal organs, the following provisions are made on several issues concerning military and local cases:
(1), active servicemen (including employees in the establishment, the same below) were arrested for committing crimes in the local area. According to the Regulations on Arrest and Detention in People's Republic of China (PRC), local public security organs can detain them and hand them over to the security department of their unit for handling.
(2) Crimes committed by active servicemen and local personnel in military camps are mainly organized by the military security department with the cooperation of local public security organs; Active servicemen and local personnel * * * commit crimes in local areas, with local public security organs as the main organizations to investigate, and the military security departments to cooperate. Criminals should be studied and considered comprehensively by local and military authorities. After reaching an agreement, it shall be handled by the local, military public security organs, security departments, people's procuratorates and people's courts according to law.
(3) Where a local person commits a crime in the army, the military security department and the local public security organ shall find out the facts of the crime, and the local public security organ, the people's procuratorate and the people's court shall handle it according to law.
(4) If an active serviceman commits a crime in the local area before enlisting, the local public security organ shall provide evidence of the crime and submit it to the security department at or above the army level for examination. If it is confirmed that it should be investigated according to law, the security department shall detain it, report it to the relevant departments for retirement procedures, and hand it over to the relevant local public security organs, people's procuratorates and people's courts for handling.
(5) If a soldier is found to have committed a crime during his service after retiring from active service and should be prosecuted according to law, the military security department, the military procuratorate and the military court shall be responsible for ascertaining the facts of the crime and transferring the file to the public security organ, the people's procuratorate and the people's court at or above the county level where he is located; Soldiers who violate their duties during their service shall still be dealt with by military procuratorates and military courts.
(6) If the children of non-military workers and soldiers' families who are embedded in the army commit crimes in the army camp, the military security department shall assist the local public security organs to find out the facts of the crime, and the local public security organs, people's procuratorates and people's courts shall handle them according to law.
(7) When a case under the jurisdiction of the military security department needs to be searched in the homes of local residents, it should contact the local public security organ, which will conduct the search according to law. When a case under the jurisdiction of the local public security organ needs to be searched in the military camp and the residence of active servicemen, it should contact the military security department, which will conduct a search according to law.
(eight) active servicemen in the local crime, local personnel in the army crime, the evidence, money and stolen goods handed over with the case. Public and private property belonging to robbery, theft, corruption and illegal possession shall be turned over to the state treasury or returned to the original owner in accordance with relevant regulations at the end of the case.
(9) A criminal sentenced to imprisonment by a military court or expelled from the army or public office shall be handed over to a local reform-through-labour institution to serve his sentence. After serving his sentence, the reform-through-labour institution where he works shall release him and resettle him according to law.