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TALBE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION OBJECTS AND TIME LIMIT CHAPTER III EXAMINATION AND APPROVAL AND EXECUTION CHAPTER IV ESTABLISHMENT AND ADMINISTRATION OF WAIT-FOR-INTERROGATION ROOM CHAPTER V SUPERVISION OVER LAW ENFORCEMENT CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated in accordance with the People's Police Law of the People's Republic of China for the purpose of regulating the work of further interrogation, ensuring the performance of duties and the exercise of power according to law by the public security organs, maintaining public order, and protecting the legal rights and interests of citizens. Article 2. The "Further Interrogation" mentioned in the present Provisions shall refer to the measures taken by the people's policemen of public security organs for interrogating and inspecting a person suspected of having violated laws or committed a crime on the spot for maintaining public security order, and make further interrogation on him by taking him to the public security organs once finding out he has legal circumstances of violating laws or committing a crime. Article 3. Public security organs shall follow the principle of abiding by law, justness, timeliness, civilization and ensuring the security when applying further interrogation, so as to have further interrogation applied to accurate objects and in legal procedures and to properly handle cases. Article 4. The competent departments in charge of the work of police stations under public security organs shall be responsible for business guidance and centralized management of further interrogation work. Article 5. The further interrogation work shall be executed by the people's police. No person who does not have the identity of a people's police may engage in the law enforcement work of further interrogation. Article 6. When applying further interrogation, public security organs shall be subject to the supervision of the people's procuratorates, the supervisory organizations over administration, the society and the citizens. CHAPTER II APPLICATION OBJECTS AND TIME LIMIT Article 7. In order to maintain public order, the people's policemen of public security organs may, after showing their law enforcement identity, interrogate and inspect the person suspected of having violated laws or committed a crime. The people's policeman who does not wear uniforms must show his law enforcement certificates to prove his identity of a people's policeman before making interrogation and inspection on the spot. Article 8. In case a person who is suspected of having violated laws or committed a crime can not be excluded from being a suspect of violating laws or committing a crime after being interrogated and inspected on the spot, and has any of the following circumstances, the people's policeman may take him to the public security organ for further interrogation: (1) Being accused of or identified by a victim or witness to have a criminal offense; (2) Being suspected of committing an offence of violating management of public security or committing a crime then and there; (3) Being suspected of violating management of public security or committing a crime, and with an unknown identity; or (4) The articles carried by him are probably ill-gotten goods obtained in violation of management of public security or by committing a crime. Article 9. Further interrogation may not be applied to a person who has any of the following circumstances: (1) Being suspected of violating the management of public order or committing a crime but not being subject to interrogation or inspection on the spot; (2) Having been interrogated and inspected on the spot, and being excluded from violating management of public order or committing a crime; (3) Whose maximum legal punishment for violating management of public order is warning, fine, or other administrative penalties that do not restrict his freedom; (4) Being arrested in his residence or working place and in other circumstances under which the summons or detention may be applied directly according to law; (5) Having surrendered himself to public security organs; (6) It being fully aware that the case he involves in has been accepted as a public order case or has been put on records as a criminal case; (7) Cases or parties involved being not subject to the jurisdiction of public security organs; (8) Suffering from mental disease, urgently contagious disease or other serious diseases; or (9) Other conditions not complying with those listed in Article 8 of the present Provisions. Article 10. For any person who meets the conditions enumerated in Article 8 of the present Provisions, and has any of the following circumstances at the same time, the further interrogation may be applied to him, but interrogation on him shall be completed within 4 hours after he is brought to the public security organs, and he may not be sent to the wait-for-interrogation room: (1) Woman who is pregnant or breast-feeds her baby of less than one year old; (2) Minors not reaching 16 years old; or (3) Old people who have reached 70 years old. In case the aforesaid persons are released between 9 o'clock in the evening to 7 o'clock in the morning of the morrow, their family members or guardians shall be notified to take them back home. If a person's identity is not clear, or he has no family members or guardian and the notice cannot be made, he shall be convoyed to his residence. Article 11. The time limit for further interrogation shall be 12 hours. In case it is really difficult to confirm or eliminate the suspicion of violating laws or committing a crime within 12 hours, the time limit may be extended to 24 hours. If a suspect does not tell his true name, address and identity, and he cannot be confirmed of or excluded from violating laws or committing a crime within 24 hours, it may be extended to 48 hours. The time limit prescribed in the preceding paragraph shall begin from the time when the person who is suspected of violating laws and committing a crime is taken to the public security organs to the time when the person being interrogated may leave the public security organs freely or when he is transferred to the relevant place of custody for enforcement by the decision of criminal detention, arrest, administrative detention, housing and rehabilitation, and compulsory giving up of drug habits, including the time limit for submitting a report and making examination and approval on further interrogation, for extending further interrogation, and the time for the handling decision. Article 12. Public security organs shall apply further interrogation strictly in accordance with the application scope and time limit prescribed in the present Provisions, and the following acts shall be prohibited: (1) Further interrogation exceeding the application scope; (2) Further interrogation exceeding the time limit; (3) Failing to go through formalities for the examination and approval and registration for applying further interrogation; (4) Substituting further interrogation for punishment; (5) Taking further interrogation as a means to demand fines and expenses; (6) Failing to make further interrogation on any person who is suspected of violating laws and committing a crime immediately after being approved to make further interrogation; or (7) Imprisoning a person in disguised form by way of consecutive further interrogations. CHAPTER III EXAMINATION AND APPROVAL AND EXECUTION Article 13. The people's policemen of a police station may take back to the station any person who is suspected of violating laws or committing a crime and meets the conditions enumerated in Article 8 of the present Provisions, if they think it is necessary to make further interrogation on him, and make Notes of Interrogation and Inspection on the Spot, and fill in the Form for the Examination and Approval of Further Interrogation, and report them to the responsible person of the police station for examination and approval. And the responsible person shall determine to make further interrogation for another 12 hours. In case any further interrogation is approved, the photocopy and fax of the Form for the Examination and Approval of Further Interrogation shall be reported to and put on archives at the public security bureaus of the county, city and banner (an administrative division at the county level in Inner Mongolia) or the competent department in charge of the work of police stations of the urban public security sub-bureau at the locality through computer network. The people's policemen of the public security bureaus of counties, cities and banners or other case-handling department of urban public security sub-bureaus and the public security organs at or above the level of the cities divided into districts and their internal organs shall directly apply summons, detention, criminal detention, arrest, posting a bail and awaiting trial with restricted liberty of moving or living at home under surveillance on a person who is suspected of violating laws or committing a crime, and may not apply further interrogation. Any person who is suspected of violating laws or committing a crime and meets the conditions enumerated in Article 8 of the present Provisions may be taken to the nearest police station in case there is necessity to make further interrogation, and the further interrogation shall be applied in light of the present Provisions. Article 14. A police station shall, when it is approved to make further interrogation on a person suspected of violating laws or committing a crime, fill in the Notice of Further Interrogation, and serve it on the person being interrogated, and notify his family members or entities immediately. If it is not approved to make further interrogation, the station shall release the person immediately. In case the identity of the person being interrogated is not clear, or he has no family members or entity and thus the notice cannot be made, that shall be indicated in the Notice of Further Interrogation with the signature of or fingerprint pressed down by the person being interrogated. But in case the notice cannot be made due to the unclear identity, his family members or entity may also be notified according to the provisions of the preceding paragraph after his identity has been found out during further interrogation. Article 15. In case the family member of a person being interrogated is the old, disabled, mentally ill person, or minor less than 16 years old, or other person without capacity of living independently, and no one shall care for the family member of the person being interrogated due to the conduction of further interrogation by public security organ, the public security organ shall notify his relatives or friends to take care of the family member or take other proper measures to make appropriate arrangement, and notify the person being interrogated of the arrangements in time. Article 16. In case any public security organ approves to make further interrogation on a person suspected of violating laws or committing a crime, it shall make further interrogation on the person in combination with the conditions of on-site interrogation and inspection to prove or eliminate the suspicion of his violation of laws or committing of crimes. Notes of Further Interrogation shall be made on further interrogation, specifying the concrete time for taking the person being interrogated to the public security organ with the signature of and fingerprint pressed down by the person being interrogated after checking. If the person interrogated refuses to sign his name or press down his fingerprint, it shall be indicated in the notes. Article 17. For those meeting the conditions listed in Article 11 of the present Provisions, and there is necessity to extend the time limit for further interrogation to 24 hours, the police station shall fill in the Form of Examination and Approval for Extending the Time Limit for Further Interrogation, and report it to the responsible person on duty of the public security bureaus of counties, cities and banners or urban public security sub-bureaus. Where there is real necessity to extend the time limit for further interrogation from 24 hours to 48 hours, the public security police station shall fill in the Form of Examination and Approval for Extending the Time Limit for Further Interrogation, and report it to the responsible person in charge of the public security bureaus of counties, cities and banners or urban public security sub-bureaus. The responsible person on duty or in charge of the public security bureau of any county, city or banner or urban public security sub-bureau shall make a decision on whether to extend the time limit for further interrogation before the expiration of the time limit for further interrogation, but may not determine to extend the time limit for further interrogation from 12 hours directly to 48 hours. Article 18. No police weapon or other weapon may be used on the person being interrogated excluding the circumstances prescribed in the Regulation of the People's Republic of China on the Use of Police Weapons and Weapons. Article 19. In case of any of the following circumstances, further interrogation shall be terminated immediately, and the person being interrogated shall be released at once or a handling decision shall be made according to law: (1) Any of the circumstances enumerated in Article 9 of the present Provisions is found in further interrogation; (2) The person interrogated having been proved to have acts of violating laws or committing a crime; or (3) Having evidences proving the person is suspected of committing a crime. In case the person being interrogated has been eliminated from violating laws or committing a crime after further interrogation, or the person being interrogated cannot be proved to be a suspect of violating laws or committing a crime after the time limit for the approved further interrogation or the extension of further interrogation expires, he shall be released at once. Article 20. In case the further interrogation is terminated or the person being interrogated is released, the concrete time, reasons for, and handling result of the termination of further interrogation or release shall be specified in the Registration Form of Further Interrogation, the person being interrogated should sign his name or press down his fingerprint on it after checking. If the person being interrogated refuses to sign his name or press down his fingerprint, it shall be indicated in the Registration Form of Further Interrogation. Article 21. In case a decision of criminal detention, arrest or administrative detention, housing and rehabilitation, compulsory giving up of drug habits is made on the person being interrogated during the course of further interrogation, the person shall be transferred to the relevant supervisory place for enforcement. If the decisions on such administrative penalties as bailing out, living at home under surveillance or warning or fine are made, the person shall be released immediately. Article 22. During the further interrogation, the public security organs and the people's policemen thereof shall safeguard the lawful rights and interests of the person being interrogated according to law, and may not conduct the following acts: (1) Making inquisition by torture or extorting a confession from the person being interrogated; (2) Assaulting, making corporal punishment, abusing or insulting the person being interrogated; (3) Racketeering or seeking for or taking bribes; (4) Embezzling, impropriating or destroying the properties of the person being interrogated; (5) Charging fees or imposing punishment in violation of regulations; (6) Other acts infringing upon the lawful rights and interests of the person being interrogated. Article 23. If the person being interrogated suffers a sudden disease or is injured during further interrogation, the police station shall immediately take measures to cure him, and notify his family members or entity, and report to the responsible person of the public security bureau of the county, city or banner or urban public security sub-bureau, and do a good job of detailed recordation. If the identity of the person being interrogated is not clear, or he has no family members or entity and the notice cannot be made, the police station shall indicate it on the Registration Form of Further Interrogation. The fees for treatment shall be borne by the person being interrogated or his family members. But if the person being interrogated suffers from an illness or is injured due to the faults of public security organs or other people, the fees for treatment shall be borne by the party who has faults. Article 24. In case a person being interrogated dies during further interrogation, the police station shall do well the following work: (1) Properly protecting the scene and keeping the body; (2) Reporting immediately to the responsible person in charge or responsible person on duty of the public security bureau of the county, city or banner at its locality or urban public security sub-bureau, to the police affairs supervisory department and the competent department in charge of the work of police stations; and (3) Notifying the family members or entity of the person being interrogated at once. Article 25. The public security bureaus of counties, cities or banners or urban public security sub-bureaus shall do well the following work after receiving the report on the death of the person being interrogated: (1) Circulating a report to the people's procuratorate of the corresponding level at once; (2) Making an expert evaluation on the cause of death by entrusting persons with qualifications of expert evaluation within 24 hours; and (3) Serving the expert's conclusion on the family members or entity of the person being interrogated within 3 days after the expert's conclusion is made. If the identity of the person being interrogated is not clear, or he does not have any family member or entity and the notice cannot be made, it shall be indicated in the expert's conclusion. In case any family member or the entity of the person being interrogated is dissatisfied with the expert's conclusion, he/it may apply for making expert's evaluation again to the superior public security organ within 7 days after receiving the expert's conclusion. The superior public security organ shall entrust other persons with the qualifications of expert's evaluation to make expert's evaluation again within 3 days after the application is accepted. CHAPTER IV ESTABLISHMENT AND ADMINISTRATION OF WAIT-FOR-INTERROGATION ROOM Article 26. The public security bureaus of counties, cities, or banners or urban public security sub-bureaus may set up wait-for-interrogation rooms at the local police stations meeting the following conditions upon the approval of the public security organs at or above the level of the cities divided into districts: (1) There is real necessity to maintain the public security order; and (2) Being able to ensure that the people's policemen shall be on duty, in charge and going on a tour of inspection in the provision of the police force when using the wait-for-interrogation room. Public security bureaus of counties, cities or banners or public security organs above or the urban public security bureaus above and their internal organs may not set up wait-for-interrogation rooms. Article 27. The following standards shall be reached for the construction of a wait-for-interrogation room: (1) The house is durable, safe, ventilating, and light penetrating, and the use area of a single room shall be no less than 6 square meters, and the height of each floor shall be no less than 2.55 meters; (2) Fixed seats shall be equipped in the room, and shall be kept clean and sanitary; (3) No articles that may be used directly for doing violence, committing suicide, or self injury shall be put in the room; and (4) The room for keeping the person being interrogated under surveillance shall connect with the wait-for-interrogation room, and shall be divided by handrails for the convenience of observing the conditions in the room. In case a person suspected of violating laws or committing a crime is interrogated consecutively for 12 hours, the necessary beddings shall be offered to him. The name of the wait-for-interrogation room shall be indicated, and the provisions on relevant further interrogation, provisions on the rights enjoyed by the person being interrogated according to law and the provisions on the administration of the wait-for-interrogation room shall be publicized at an eye-catching place. Article 28. No wait-for-interrogation room may be put into use until it has been checked and accepted as qualified by the public security organs at or above the level of cities divided into districts. Article 29. The following routine management systems shall be established in the wait-for-interrogation room according to law to make strict and civilized management: (1) Setting up Registration Form of Further Interrogation, specifying the name, sex, age, address, and entity of the person being interrogated, and the case handling department, person handling the case, person making the approval, as well as reasons for, time of starting and ending the further interrogation, and the handling results, etc.; (2) Establishing system of keeping watch, taking charge, and going on a tour of inspection, clarifying the post liability for keeping watch. If there is any person being interrogated in the wait-for-interrogation room, there shall also be people's policemen who are on duty, taking charge and going on a tour of inspection, and who shall take notes on the relevant conditions according to the facts, and do a good job of handing over and taking over him; and (3) Establishing archive management system to put on archives and keep the Registration Form of Further Interrogation and the relevant documents in light of the requirements for the management of archives for future checking and examination. Article 30. Except the circumstances enumerated in Article 10 of the present Provisions, the person being interrogated shall be sent to the wait-for-interrogation room during further interrogation. If there is no wait-for-interrogation room, the people's policemen shall keep the person in the interrogation room or office under surveillance, or send him to the wait-for-interrogation room of the nearest police station. No one may send the person being interrogated to the watch house, detention house, detention center, compulsory drug-relief reformatory, collecting and education house or other supervisory places for locking him up, nor may persons being interrogated who are different in sex be sent into the same one wait-for-interrogation room. Article 31. When the person being interrogated is sent into the wait-for-interrogation room, the people's policemen taking charge of him shall ask about his physical health and take notes carefully. If the person being interrogated has any trauma or obvious symptom of outbreak of serious disease, or has any of the circumstances enumerated in Article 10 of the present Provisions, the people's policemen shall immediately report to the public security bureau of the county, city, or banner or the police affair supervisory department of the urban public security sub-bureau and the competent department in charge of the work of the public security police station, and make detailed records. Article 32. When a person being interrogated is sent into the wait-for-interrogation room, the public security organ shall make Lists of Temporarily Kept Articles on the articles he carries with him, and keep the articles properly after the person being interrogated has signed or pressed down his fingerprint on the Lists, no one may embezzle, impropriate or destroy his articles. After the end of further interrogation, those articles falling within evidences of law violation or committing a crime or the contraband among the articles of the person being interrogated shall be transferred with the case according to law or handled, and indicated in the Lists of Temporarily Kept Articles. Those articles having no relation with the case shall be returned to the person being interrogated, and indicated in the Lists of Temporarily Kept Articles with the signature of or fingerprint pressed down by the person being interrogated. Article 33. In case there are no water closet and sanitation appliances in the wait-for-interrogation room, the people's policemen shall strictly take charge of the person being interrogated when leading him to leave the wait-for-interrogation room for the water closet, so as to prevent accident. Article 34. During the further interrogation, the public security organ shall provide basic water and food for the person being interrogated. CHAPTER V SUPERVISION OVER LAW ENFORCEMENT Article 35. Public security organs shall bring the situations of application of further interrogation into the scope of law enforcement quality examination and appraisal, and establish and perfect the case handling obligation system, system of prosecution of liabilities for wrongs in law enforcement, and other internal law enforcement supervision system. Article 36. Apart from the circumstances enumerated in Articles 24 and 31 of the present Provisions, in the case of accidents such as the grievous bodily harm (GBH), escape, suicide, self-injury, etc., or the further interrogation exceeds the approved time limit, the police station shall report at once the relevant situations to the public security bureau of the county, city or banner or police affairs supervisory department of the urban public security sub-bureau or the competent department in charge of the work of the public security police station, and make detailed records. The public security bureau of the county, city or banner or police affairs supervisory department of the urban public security sub-bureau shall make on-site supervision and inspection at once after receiving the report. Article 37. The police affairs supervisory department shall be responsible for making on-site supervision and inspection on the following conditions of further interrogation: (1) Whether the procedures are lawful, and whether the legal formalities are complete; (2) Whether the further interrogation complies with the legal application scope and time limit; (3) Whether the setting up and management of the wait-for-interrogation room violate the present Provisions; (4) Whether there is any act of inquisition by torture or extorting a confession, or assaulting, making corporal punishment, abusing or insulting the person being interrogated; (5) Whether there is any act of using police weapons or weapons in violation of law; (6) Whether there is any act of charging fees or imposing punishment in violation of provisions; (7) Whether there is any other act of violating laws or disciplines. Article 38. When making on-site supervision and inspection, if any police affairs supervisory department finds that any act of any case handling department or of the people's policeman violates laws or disciplines in further interrogation, it shall handle it in accordance with the relevant provisions by taking supervision and inspection measures such as putting it down on site, correcting, issuing legal documents of supervision and inspection, ordering to stop execution of duties or confinement, etc.; if there is necessity to give punishment or prosecute for criminal liabilities, it shall transfer it/him to the relevant department for handling. Article 39. In case anyone has any of the following circumstances when applying further interrogation, the public security organs shall prosecute for the liabilities of the relevant responsible persons for their wrongs in law enforcement in accordance with the Supervision Regulation of Public Security Organs, Provisions on Prosecution of Liabilities for Wrongs in Law Enforcement of the People's Policemen of Public Security Organs, and shall give it/him a punishment in accordance with the People's Police Law of the People's Republic of China, the Provisional Regulation on National Public Servants and other relevant provisions. If a crime is constituted, the directly responsible person in charge and other directly responsible persons shall be subject to criminal liabilities according to law: (1) Using police weapons or weapons in violation of law, or committing any of the acts enumerated in Articles 12, 22, and paragraph 2 of Article 30 of the present Provisions; (2) Setting up wait-for-interrogation rooms without approval or sending the person being interrogated into the unqualified wait-for-interrogation room after checking; (3) Failing to notify the family members or entity of the person being interrogated to make arrangements for the uncared-for family member of the person being interrogated in accordance with the provisions of Articles 14 and 15 of the present Provisions; (4) Failing to terminate further interrogation or release the person being interrogated in accordance with the provisions of Articles 19 and 21 of the present Provisions; (5) Failing to report information in accordance with the provisions of Articles 23, 24, 31 and 36; (6) Occurring accidents such as the injury or death, escape, suicide or self-injury of the person being interrogated due to negligence in management; (7) Appointing person who has no identity of a people's policeman to undertake the law enforcement work of further interrogation; (8) The police affairs supervisory department fails to make on-site supervision and inspection and handling as required, or fails to find acts of violating laws or disciplines that should be found out in on-site supervision and inspection; or (9) Having other acts of violating the present Provisions or acts in violation of laws or disciplines. In case a person being interrogated commits suicide and dies during further interrogation due to using the police weapons or weapons in violation of law or being negligent in management, or is killed by assaulting or dies accidentally due to other reasons, the relevant person liable shall be subject to legal liabilities according to law, besides that, the people's policeman directly responsible shall be dismissed, and the main responsible person of the public security police office shall be dismissed from his post, and the responsible person and functionary of the subordinated public security organ shall be punished, and the public security police office and its subordinate public security organ shall be banned of the qualification for taking part in the choosing of the advanced one through public appraisal of the current year. Article 40. In case the person being interrogated believes that the public security organ and its people's policemen conduct further interrogation in violation of laws and infringe upon his lawful rights and interests, which result in a damage, and thus he applies for state compensation to the public security organs according to law, the public security organs shall deal with it according to the provisions of the State Compensation Law. After the public security organ has compensated for the damage according to law, it shall order the people's policeman who has purpose or grave negligence to undertake part or all of the compensation fees, and the responsible person who has purpose or grave negligence shall be subject to the corresponding liabilities according to Article 39 of the present Provisions. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 41. The "above", "within" mentioned in the present Provisions shall all include the current number or the corresponding level. Article 42. The format of legal documents concerned in the present Provisions shall be formulated by the Ministry of Public Security uniformly. Article 43. The public security offices of all provinces, autonomous regions, and municipalities directly under the Central Government, and the public security organ of Sinkiang Production and Construction Corp. may formulate specific operating procedures, construction standards for wait-for-interrogation rooms and administration provisions according to the present Provisions, and implement them after reporting them to and putting them on archives at and examined by the Ministry of Public Security. Article 44. The present Provisions shall come into force as of October 1, 2004. The provisions on further interrogation or detention formulated by the Ministry of Public Security, which are inconsistent with the present Provisions, shall be repealed simultaneously. |
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