(A) the nature of public security organs
(1) The public security organ is the state administrative organ and a part of people's governments at all levels, responsible for public safety.
(2) The superior-subordinate relationship of public security organs is the relationship between the leader and the led. Public security organs at higher levels can directly command and participate in the investigation activities of public security organs at lower levels, and the principle of mutual cooperation and coordination is implemented among public security organs in different regions and types.
(B) the organizational system of public security organs
(3) Functions and powers of public security organs
1. Right to file a case
Public security organs have the right to decide to file cases under their jurisdiction according to law.
2. Right to investigate
(1) Have the right to interrogate criminal suspects, witnesses and victims, and take investigation measures such as inquest, inspection, search, seizure, identification, technical investigation and wanted.
(two) have the right to decide to take compulsory measures such as detention, bail pending trial, residential surveillance and summoning.
(3) having the right to execute detention, arrest, bail pending trial, residential surveillance and summoning.
(4) have the right to make a decision to end the investigation of cases that meet the statutory conditions.
(five) notify the legal aid institutions to assign lawyers to defend specific criminal suspects who have not entrusted defenders.
(six) to review the voluntariness and legality of criminal reconciliation, and to preside over the production of reconciliation agreements.
(seven) put forward opinions on confiscation of property and compulsory medical treatment, and transfer them to the people's procuratorate.
3. Executive power
(1) Execution of criminals sentenced to criminal detention, deprivation of political rights and deportation.
(2) For criminals whose remaining sentence is less than 3 months, the detention center will execute them on their behalf.
4. Other functions and powers
The right to cancel the case, the right to transfer it for examination and prosecution, and the right to request reconsideration and review of the decision not to approve the arrest or not to prosecute.
(4) The functions and powers of other investigation organs.
1. State security organs
Criminal cases endangering national security; In the investigation of such cases, the functions and powers are the same as those of public security organs.
2. Ministry of Military Security
The political security organs of the People's Liberation Army of China are self-contained in administrative business and are not subject to the leadership of public security organs.
Power: to investigate criminal cases within the military, investigate, detain, pre-examine and execute arrests.
3. Prison
Prison is the penalty execution organ, and its terms of reference include:
(1) Penalty execution right, execution with a suspended death sentence, indefinite period and fixed term;
(2) the right to investigate prison crimes (here with the functions and powers of public security organs, such as interrogation, inquest, inspection, public prosecution, etc. );
(three) during the period of serving a sentence, if a new crime is found that was not found at the time of judgment, it shall be transferred to the procuratorate for handling;
(4) execution outside prison, have the right to put forward written opinions, approved by the provincial prison authorities;
(5) If a criminal with a suspended death sentence has not intentionally committed a crime during the probation period, he shall put forward suggestions for commutation after the expiration of the suspended death sentence;
⑥ Suggest commutation and parole;
⑦ In the execution of punishment, if the judgment is wrong or the criminal files a complaint, it shall be handed over to the court or procuratorate for handling.
4. Smuggling crime investigation organ
Criminal cases of smuggling crimes.