Military detention center [lawyer meeting stage]

In judicial practice, there are situations where non-military personnel are detained in military detention centers, and state employees suspected of official crimes are detained in military detention centers. State functionaries often have certain influence in the places where they work. Therefore, in order to avoid the influence of external factors such as local forces and handle cases in accordance with the law, the case-handling agencies often transfer the cases to the jurisdiction of the case-handling agencies in other regions through designated jurisdiction. Non-military criminal suspects who should not have been detained in military detention centers were detained in military detention centers.

It should be noted that in the name of preventing local protection, the scope of non-military personnel detained in military detention centers has been expanded, and temporary detention has often turned into long-term detention. There are obvious problems with its legality.

If the case-handling agency where the case is located is not suitable to handle the case, the case can be transferred to the jurisdiction of the case-handling agency in other regions through designated jurisdiction. If the non-military personnel involved in the case are still detained in a military detention center for the purpose of facilitating the impartial handling of the case by the newly designated case-handling agency, that is, if the non-military-related personnel involved in the case are detained in the detention center in the newly designated place, the newly designated case-handling agency will still be interfered with in handling the case. possibility, then in this case, even if the non-military personnel involved in the case are detained in a military detention center, it cannot rule out the possibility that the newly designated case-handling agency will still be interfered with the handling of the case.

In addition, detaining non-military personnel in military detention centers directly isolates the detainees from the outside world, infringes on the right to know of close relatives, and also hinders lawyers from protecting the legitimate rights and interests of the parties in accordance with the law. And when the detention centers established in administrative regions above the county level in my country have a good detention environment, it is not legal and legitimate to detain non-military criminal suspects in military detention centers.

In actual cases, in principle, military detention centers can only detain military crime suspects and defendants. It is illegal to detain non-military criminal suspects in military detention centers without authorization, and the evidence produced during the illegal detention process cannot be used as the basis for conviction and sentencing. Non-military criminal suspects and their lawyers who are detained in military detention centers have the right to appeal to the authority that approved the arrest and its superior department to request a change in the suspect's detention location.