Research Of The Criminal Detention Execution Procedure

Criminal Detention System is a compulsory messure to deprive personal liberty offlagrante delictos and major suspects temporarily by Public Security Organs and People’sProcuratorate in the course of the investigation.When encounter the statutory emergencysituations. As a kind of coercive measures in the Criminal, Detention system plays animmeasurable role for the Criminal activities. However, there are still many of theoften-criticized in actual operation.After16years, modification of the New Code of Criminal Procedure has finallycame to an end. The intensity of the detention system’ modification in the New Code ofCriminal Procedure is obvious, but is mainly reflected in the Code of Criminal Procedure83and84. So, I look for other ways to interpret the detention system. The implementationof the program of detention is mainly reflected in four processes: the application and showof detention warrant; the specific means of implementation of the detention; notice aboutdetention; the place of installation about after detention; interrogate and the interval ofsentting to the detention center. Compared to the Code of Criminal Procedure in1996, themodifications were mainly include the object and content should be notified after detainedby Public Security Organs and People’s Procuratorate; Control of the suspects into custodyin jail after the interval of time; specific provisions impede the investigation in the case.There are no changes about show of detention warrant during the execution program ofdetention, the modalities for the implementation of the detention did not involved in theNew Code of Criminal Procedure.The implementation of the program of detention generally consists of four stages, thisarticle will analyse these four stages one by one. The show of the detention warrant is thefirst step in detention program execution, so this article will have a brief introductionabout the show of detention warrant, because the New Code of Criminal Procedure stillinsists on establishing detention with warrant, so this article will analyse the possibility ofshow of warrant, finally can have a conclusion that detention with warrant should be theprinciple and detention without warrant should be an exception. The means of executionof the detention does not involved in the New Code of Criminal Procedure, but somerelevant regulations stipulate that the police can use police gears and weapons when theyexecute detention, the article will adopt the method of empirical analysis to examine whatmeans of execution investigative organs will use in judicial practice. About the detention notice, the New Code of Criminal Procedure has a very large change, but there is no doubtthat it pays more attention to the protection of the human rights of suspects compared tothe crime control value. the place of installation about after detention、interrogate and theinterval of sentting to the detention center also relates to the protection of human right ofsuspects, it is also the focus of the New Code of Criminal Procedure Amendment.