Litigation is one of the important steps before making a final decision. When conducting a scene search, the competent agency must comply with legal procedures. So about the matter “Measures to search in criminal investigation under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Criminal Procedure Code 2015
Measures to search in criminal investigation under Vietnam law
Search is an investigative measure conducted by searching and searching when there are grounds to identify a person’s person, residence, workplace, location with tools, means of crime, correspondence. , telegrams, parcels and postal parcels in order to detect and seize tools and means of crime, objects and property acquired by the crime, objects and other documents related to the case as well as corpses or wanted person.
Bases of search
Competent agencies are only allowed to search people, residences, workplaces, places and vehicles when there are “grounds” to identify people, accommodation, workplaces, places and vehicles with tools. , crime vehicles, documents, objects, criminal property or wrestlers, electronic data, other documents attempting to relate to the case.
Only search people, residences, workplaces, places and vehicles when there are grounds
“Bases” for judgment are the results of investigative activities such as taking testimonies of arrested, detained, accused, witnesses, crime scene examination, and special investigative and procedural measures.
When detecting a wanted person, searching and rescuing the victim must also conduct a search of the residence, workplace, location and vehicle.
Similarly, when there are grounds to assert in correspondence, telegrams, parcels, parcels, electronic data, tools, means of crime, documents, objects, and property related to the case. The court may search letters, telegrams, parcels, parcels, electronic data.
Authority to order search
Clause 1, article l93 of the 2015 Criminal Procedure Code provides for the authority to issue search warrants. Accordingly, those competent to issue search warrants include:
• Heads and Deputy Heads of Investigation Agencies at all levels;
• The Procurator, Deputy Director of the People’s Procuracy and Schools, Deputy Directors of the Military Procuracy at all levels;
• Chief Justices, Deputy Chief Justices of People’s Courts and Chief Justices and Deputy Chief Justices of Military Courts at all levels and trial panels;
• Persons assigned to conduct a number of investigative activities by the Border Guard, Customs, Rangers, Coast Guard, Fisheries Control, etc., as specified in Clause 2, Article 35 of the Criminal Procedure Code.
Thus, the authority to issue search warrants is extended to the procedure-conducting persons of all three agencies: the investigating agency, the procuracies, and the courts to ensure the effectiveness of this investigative measure.
Authority to search in case of emergency
Clause 2, article 193 of the 2015 Criminal Procedure Code also stipulates that those who have the right to order people to be detained in case of emergency specified in Clause 2, Article 110 have the right to order a search in case of an emergency, including:
• Heads and Deputy Heads of Investigation Agencies at all levels;
• Heads of independent regiment-level units and equivalent, Heads of Border Guard Stations, Commanders of Port Border Guards, Commanders of Border Guards of provinces and centrally run cities, Director of Reconnaissance Department border guard Border guard, Director of the Drug and Crime Prevention and Control Department of the Border Guard, Head of the Special Task Force for Drug and Crime Prevention and Control of the Border Guard; Regional Commander of the Coast Guard, Director of the Department of Professional Affairs and Law of the Border Police force, the Youth Union of the Special Task Force for Drug Crime Prevention and Control of the Border Police force; Director of the Regional Fisheries Control Sub-Department;
• The person in command of an aircraft or ship when the aircraft or ship has left the airport or port.
Within 24 hours after the search is completed, the person who ordered the search must notify in writing the procuracies of the same level or the procuracies competent to exercise the right to prosecute and supervise the investigation of the case or case. judgment.
Agencies that supervise search operations
Clause 3, Article 193 of the Criminal Procedure Code also clearly stipulates the supervision of search activities.
The prosecutor must be present to supervise the search
Search is a coercive investigative measure and directly affects the fundamental constitutional rights of citizens. Before conducting the search, the investigator must notify the procuracies of the same level of the time and place of the search to appoint a procurator to supervise the search, except for urgent searches. The procurator must be present to supervise the search. If the Procurator is absent, it shall be clearly recorded in the search report.
All cases of search shall be recorded in writing according to the provisions of Article 178 of the Criminal Procedure Code and recorded in the case file.
Search procedures under the Criminal Procedure Code
Before conducting the search
• Competent persons under Clause 2, Article 35, Clause 1, Article 113 of the Criminal Procedure Code 2015 need to issue a search warrant. Search warrants of the persons specified in Clause 2, Article 35 and Point a, Clause 1, Article 113 of the 2015 Criminal Procedure Code must be approved by the competent procuracies before execution.
• In case of emergency, the persons competent to order urgent detention according to Clause 2, Article 110 of the Criminal Procedure Code 2015 have the right to issue search warrants.
Within 24 hours after completing the search, the person who ordered the search must notify in writing the procuracies of the same level or the competent procuracies to exercise the right to prosecute and supervise the investigation of the case or case.
• Before conducting a search, the investigator must notify the procuracy of the same level of the time and place to conduct the search in order to appoint a procurator to supervise the search, except for urgent searches. The procurator must be present to supervise the search. If the procurator is absent, it shall be clearly recorded in the search report.
All search cases are recorded in accordance with regulations and included in the case file.
During the search
• For an individual’s residence, that person or a person aged full 18 years or older must be present in the same residence, a representative of the commune, ward, township administration and witnesses.
• For an individual’s workplace, that person must be present, except in cases where it cannot be delayed but the reason must be clearly stated in the minutes.
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Frequently asked questions
Search is one of the coercive measures of criminal proceedings affecting human rights and citizens’ rights, so it should only be searched when there are sufficient grounds prescribed by law.
How is a person’s search regulated?
Body search is an investigation, search and search in the person, clothing, and objects carried by the accused, defendants or persons arrested in the case of red-handed crimes or being wanted. detained in case of emergency or the person present at the search place has grounds to believe that this person hides objects and documents to be seized for the purpose of detecting and seizing related objects and documents. regarding the case.
Body search is an investigation, search and search in the person, clothing, and objects carried by the accused, defendants or persons arrested in the case of red-handed crimes or being wanted. detained in case of emergency or the person present at the search place has grounds to believe that this person hides objects and documents to be seized for the purpose of detecting and seizing related objects and documents. regarding the case.
In principle, a search of accommodation may not be commenced at night, except in urgent cases that cannot be delayed such as when it is deemed that an immediate search is necessary to prevent the destruction of evidence. reason in the record.
Article 195 of the Criminal Procedure Code provides:
When searching the residence, there must be the presence of that person or a person aged full 18 years or older in the same residence, representatives of the administration of the commune, ward or township and witnesses; In case the above-mentioned persons are intentionally absent, run away or for other reasons they are not present but the search cannot be delayed, the search will still be conducted but must be accompanied by a representative of the commune, ward or town administration. town where the search was carried out and two witnesses.
For the workplace, when conducting a search, that person must be present, except in cases where it is impossible to delay the search, but it must be clearly stated in the minutes. Must be witnessed by a representative of the agency or organization where that person works. In case there is no representative of the agency or organization, the search will still be conducted but must be accompanied by a representative of the administration of the commune, ward or town where the search is located and 02 witnesses.
For a site search, the presence of a representative of the administration of the commune, ward or township where the search is located and witnesses must be present.
The vehicle search must be in the presence of the vehicle owner or manager and witnesses. In case the vehicle owner or manager is absent, flees or for other reasons they are not present and the search cannot be delayed, the search shall still be conducted but must be witnessed by two witnesses.
When conducting a search of the residence, workplace, place, or vehicle, those present are not allowed to leave the place being searched, not contact, exchange with each other or with other people until they are searched. finished inspection.
Conclusion: So the above is Measures to search in criminal investigation under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
