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Can China people in Cambodian prisons return to China?
In order to put an end to illegal and criminal acts committed by Cambodians in Cambodia, China and Cambodia signed a memorandum of understanding, and the government will repatriate China people who commit illegal acts to curb social unrest caused by China criminals in Cambodia. China citizens are sent back to China not to avoid problems, but to be punished at home.
A recent report by the General Administration of Immigration shows that since the beginning of last year, 65,438+0,724 foreigners have been expelled from Cambodia, 927 of whom are from China.
If they are punished in Cambodia, the government may face some problems because the prisons are already very crowded. If we insist that Cambodians serve their sentences in China, the government may have to pay a lot of human and financial resources.
Previously, in order to alleviate the current situation of prison overcrowding, the Ministry of Justice had studied the feasibility of the project of "serving prisons abroad", that is, prisoners could not serve their sentences in prison, but could serve their sentences in prison through community service. Hello, the public security organ should interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, a release notice will be issued, and the detention center will issue a release certificate to the detainee with the release notice and release it immediately. After examining the criminal suspect in custody, according to the case, it shall be reported to the person in charge of the public security organ at or above the county level for approval, and the following treatments shall be made respectively:
1, if it is necessary to arrest, during the detention period, go through the formalities for approving the arrest according to law;
2, should be investigated for criminal responsibility, but there is no need to arrest, according to the law for bail or residential surveillance procedures, directly to the people's procuratorate;
3. Failing to find out the facts of the crime during detention, going through the formalities of obtaining a guarantor pending trial or residential surveillance according to law, and continuing the investigation;
4. If the case is revoked, the detained person shall be released and a release certificate shall be issued.
If the detainee is approved for arrest, he will be tried according to the Criminal Procedure Law, and criminal detention is not a punishment or sanction. If later acquitted, the detainee can apply for state compensation. According to the provisions of Article 80 of the Criminal Procedure Law, the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances: (1) a person who is preparing to commit a crime, commits a crime or is found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) Evidence of a crime is found around or at the residence; (4) attempted suicide, escaped or escaped after committing a crime; 5] likely to destroy, forge evidence or collude with others; (six) do not tell the real name and address, and the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
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