Can the police station handcuff party member?

The police can put gloves on party member. Everyone is equal before the law, so handcuffs have nothing to do with party member. As long as party member commits a crime, the public security procuratorate can take compulsory measures against him without the approval of his superiors. Compulsory measures against deputies to the National People's Congress must be approved by the NPC Standing Committee or the presidium.

1. What are the conditions of handcuffing in criminal detention?

Usually not. You have to work in a detention center.

Unless the prisoners make trouble inside, they are too arrogant and have a bad influence, which will affect the prisoner's reform, otherwise there may be confinement. China's reform-through-labour laws and regulations stipulate that prisoners may use handcuffs and fetters under any of the following circumstances during the reform:

(1) guilty of murder, escape, arson, riot, disturbing prison or robbing weapons;

(2) Acts that undermine the facilities, order and state materials of reform-through-labour institutions;

(3) the prisoner is on the way to escort (except for the batch transfer of prisoners).

Under normal circumstances, when the police perform their duties according to law, if criminals have dangerous behaviors such as escape, beating, suicide, etc., they can use binding police equipment such as handcuffs and shackles. These are just some explicit statements. In the real arrest process, the police can be flexible.

First of all, you can use handcuffs when arresting major criminals or major suspects, because these people are quite dangerous. In addition, handcuffs can also be used for normal tasks, such as arrest, interrogation, custody, detention or forced summons. After all, in that case, there is an 80% chance that the suspect has been identified.

Second, what does criminal detention mean?

Criminal detention is a kind of punishment executed by the public security organs nearby, which deprives criminals of their personal freedom for a short time and forces them to reform through labor. A criminal sentenced to criminal detention generally refers to a minor crime, but it has certain personal danger. For example, in the crime of illegally depriving others of their personal freedom, the criminal just takes the means of illegally depriving others of their personal freedom and locks them in a certain place, which is a minor crime. But as far as the criminal himself is concerned, this kind of behavior may endanger the personal safety and life safety of others at any time. For this kind of crime, criminal punishment of criminal detention can be given.

The term of criminal detention shall be from one month to six months, and the combined punishment for several crimes shall not exceed one year. The sentenced fixed-term imprisonment shall take effect from the date of the judgment of the people's court, but one day of detention shall be reduced to one day of fixed-term imprisonment if the person is detained before the judgment is pronounced.

3. What are the characteristics of criminal detention?

Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. In China's criminal law system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:

1. Criminal detention is a short-term free punishment. The minimum term of criminal detention is more than 1 month and the longest is no more than 6 months. Therefore, criminal detention is the lightest of the three kinds of freedom punishment in China, and criminals are detained and forced to reform through labor.

2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.

3. Criminal detention is a penalty method of deprivation of liberty. Because criminal detention deprives criminals of their freedom, it is obviously different from public surveillance. As criminal detention is a penalty method, it is obviously different from administrative detention, criminal detention and judicial custody in terms of legal attributes, applicable objects, applicable organs, applicable basis, applicable procedures and service period.

4. Criminal detention is a penalty method executed by public security organs nearby.

Criminal detention shall be carried out by public security organs in the nearest detention center, detention center or other places of supervision; During the execution, prisoners can go home for a day or two every month; Those who take part in labor may be paid as appropriate.

Fourth, the difference between criminal detention and detention.

1. has different properties. Criminal detention is a punishment method; Criminal detention is a kind of criminal compulsory measure that the public security organ temporarily deprives the criminal or major criminal suspect of his personal freedom in an emergency to prevent him from evading investigation, trial or continuing criminal activities. Civil detention is a compulsory measure in civil litigation, which is of judicial nature and is also called judicial custody. Administrative detention is one of the methods of administrative punishment for those who violate the administration of public security.

2. The applicable objects are different. Criminal detention is applicable to criminals with minor crimes; Criminal detention is applicable to flagrante delicto or major suspect under one of the seven circumstances stipulated in Article 6 1 of the Criminal Procedure Law. Civil detention is applicable to the litigant participants or other persons who are one of the six acts of obstructing civil proceedings as stipulated in Article 102 of the Civil Procedure Law. The object of administrative detention is the perpetrator who does not constitute a crime but violates the regulations on public security management.

3. The applicable organs are different. Criminal detention is decided by the people's court; Civil detention must be approved by the president of the people's court, and the time limit is less than 15 days. The detained person shall be handed over to the public security organ for custody by the people's court. Criminal detention and administrative detention are directly applicable by public security organs.

4. The legal basis is different. The basis of criminal detention is criminal law; The basis of criminal detention is the criminal procedure law; The basis of civil detention is the civil procedure law; The basis of administrative detention is the Regulations on Administrative Penalties for Public Security.

legal ground

Regulations on the use of police equipment and weapons by the people's police

Article 8 The people's police shall perform the following tasks according to law. Criminals may escape, kill, commit suicide, self-harm or commit other dangerous acts, and they may use binding police equipment such as handcuffs, shackles and police ropes:

(1) Capturing criminals or major criminal suspects;

(2) To execute arrest, detention, custody, escort, interrogation, compulsory summons and compulsory summons;

(3) Other circumstances in which police equipment can be used as stipulated by laws and administrative regulations. The people's police shall use police equipment in accordance with the provisions of the preceding paragraph and shall not intentionally cause personal injury.