Search of people means the conduct of searching and searching in person, wearing clothes and carrying objects, including their means of transport, in order to detect and seize tools, means of crime, objects, property acquired by the crime or other objects and documents related to the case. So about the matter “What are the regulations on searching people in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Criminal Procedure Law 2015
What is search of people?
When approaching the topic of accommodation search tactics, it was found that in order to understand clearly and have a comprehensive view of the above-mentioned problem, it is necessary to first understand what a search is? What is the nature of the search? What are the places of accommodation according to the scientific approach of criminal investigation?
Search is an investigative measure conducted by searching and forcibly searching people, accommodation, places, letters, telegrams, parcels and parcels in order to detect and seize the tools and means of crime; Objects and property acquired from the crime, other objects and documents related to the case or the discovery of a dead body or a wanted person or a kidnapped person.
From the above approach on search operations, it can be understood that the nature of search is the search and coercive search by the investigating agency on objects prescribed by the criminal procedure law.
Article 140. Bases for search of people, accommodation, workplaces, locations, objects, letters, telegrams, parcels and postal items
“First, the search of a person, residence, workplace or location may only be conducted when there are grounds to identify the person, residence, workplace, location of a person with tools, means of committing a crime, or objects. , property acquired from the crime or other objects and documents related to the case. The search of residence, workplace and location is also conducted when it is necessary to detect the wanted person.2. When it is necessary to collect documents and objects related to the case, they can search letters, telegrams, parcels, parcels…”
Next is the concept of accommodation according to the approach of criminal investigation science to conduct search operations, which is a place where a person or a household uses as a residence such as a private house, State apartment. , collective rental to stay; motel rooms, motel rooms of the hotel have been privately rented for accommodation; means of transport such as ships, boats… of individuals or leased by individuals to live, assigned to live. The accommodation also includes surrounding areas such as gardens”
Purpose of search under Vietnam law
– Detect and collect documents and evidences that are meaningful to the investigation
– Detect and seize objects and assets in service of compensation for damage or objects and documents prohibited from storing or circulating.
– Detect criminals with wanted warrants, dead bodies or kidnapped people
What are the regulations on searching people in Vietnam?
- Regarding search conditions
When conducting a search, it is necessary to base on certain basic conditions:
– Firstly, when there are grounds to identify in the person, place of residence, and location of a person who has tools, means of committing a crime, objects and property acquired by the crime, or objects and properties related to the crime. court, who has a wanted warrant.
–Secondly, realizing that if the search is not carried out immediately, the tools, means, objects, properties, documents related to the case….may be dispersed and destroyed.
– Thirdly, objects, tools and means are in someone, in someone’s residence and location that can cause harm to people around or criminals can use to cause harm. judgment continues.
- Regarding the basis of the search
The search grounds specified in the Criminal Procedure Code, Article 140 of the Penal Code are the legal basis for the forces conducting the search to apply in practice investigation.
The grounds for conducting according to the provisions of Article 140 of the Criminal Procedure Code can be understood as: The documents and evidence collected from the investigation measures to identify the person, place of residence and location of each person. having tools and means of committing the crime, objects and property obtained from the crime or other objects and documents related to the case. At the same time, the sources of documents should not be underestimated such as: Newspapers of citizens, representatives of social organizations; results of reconnaissance measures. These documents are compared with other evidence documents of the case and after carefully checked for accuracy can be used as a basis for search.
Determining the basis of search is not an easy job because the documents about the object to be searched are the objects and documents related to the case to be searched, which are often scanty while the requirements of the investigation activities are limited. Investigation requires to be conducted when searching urgently, in order to prevent criminals from dispersing and destroying documents and evidence of the case, so before ordering a search, we must carefully consider the grounds of the case. , if there are not enough grounds to order a search, it is necessary to collect additional documents and materials related to the case to be searched immediately to detect and collect documents and evidence that are important to the investigation.
From the above analysis, it is found that when conducting a search, it is necessary to be based on legal and well-founded grounds, to ensure that those bases are objective, and at the same time, there must be an examination of those grounds first upon that basis to conduct a search operation
- Regarding the authority to search
In order to avoid the widespread search, infringing on the democratic rights of citizens, but also to ensure timely detection of all crimes, when there is a basis for searching, it is necessary to conduct a search immediately. The law regulating the authority to issue search warrants is also very strict, specifically, binding each other’s responsibilities (Article 141 of the Criminal Procedure Code).
Procedures: Procedures for searching people are specified in Article 142 and procedures for searching residences, workplaces, and locations
When starting the search, the search warrant must be read out and given to the litigant to read it, explaining to the litigant and those present their rights and obligations. When searching the accommodation, the place is present in the presence of the owner or adult members of their family, with representatives of the commune, ward or township administration and neighbors witnessing, in case the involved parties and their family members are intentionally absent, fleeing or being away for a long time, but the search cannot be delayed, it must be witnessed by a representative of the government and 2 neighbors. It is not allowed to search the accommodation at night, unless it is impossible to delay the search. When conducting an accommodation and location search, those present are not allowed to leave the place being searched, or contact or exchange with each other or with other people until the examination is complete.
Thus, the Criminal Procedure Code clearly stipulates the authority as well as procedures when conducting a search infringing on the democratic rights of citizens as well as effectively contributing to search operations in particular and investigation activities in general.
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Frequently asked questions
According to the provisions of Clause 1, Article 127 of the Law on Handling of Administrative Violations, the search of a person according to administrative procedures shall only be conducted when there are grounds to believe that such person has hidden objects, documents or means in his body used for administrative violations.
– The examination of a person must be decided in writing, except in cases where immediate examination is required.
– Before conducting a body search, the examiner must notify the decision to the person being searched.
– When examining people, men examine men, women examine women and must be witnessed by people of the same sex.
– All cases of physical examination must be recorded in writing.
– The decision on body search and the record of body search must be delivered to the person being searched for 01 copy.
– The following persons are competent to decide to search people according to administrative procedures:
+ Presidents of the People’s Committees of communes, heads of wards police;
+ Chief of the district-level police station;
+ Head of Police Department for administrative management of social order, Head of Police Department, Head of Road and Railway Traffic Police, Head of Waterway Police Department, Head of Crime Investigation Department economic management order and position, head of the social order crime investigation police department, head of the drug-related crime investigation police department, head of the immigration management division of the provincial police; Head of the Criminal Judgment Execution and Judicial Assistance Police Department, Head of the Environmental Crime Prevention and Control Police Department;
+ Heads of mobile police units at the company level or higher, and heads of border-gate police stations;
+ Chief of Forest Protection Department, Captain of Mobile Ranger Team;
+ The Director of the Customs Sub-Department, the Captain of the Control Team of the Customs Department, the Captain of the Anti-smuggling Control Team and the Captain of the Sea Control Squadron under the Anti-smuggling and Investigation Department of the General Department of Customs;
+ Captain of the Market Management Team;
+ Commanders of border guard sub-zones, commanders of border guards at port border gates, commanders of border guard squadrons, commanders of border guard squadrons, heads of border guard posts and heads of border guard units stationed at the border. borders and islands;
+ Captains of Coast Guard Squadrons, Squadron Leaders of Coast Guard Squadrons, Commanders of Coast Guard Regions;
+ The person in command of the aircraft, captain or captain when the aircraft, ship or train has left the airport, port, or station;
The judge presides over the trial.
– In addition, in case there are grounds to believe that if the search is not carried out immediately, the objects, documents and means used to commit the administrative violation will be dispersed or destroyed. The following persons on official duty may search their bodies according to administrative procedures and immediately report in writing to their heads as one of the persons specified in Clause 1, Article 123 of the Law on Handling of Administrative Violations 2012 and take responsibility before law for the human search:
+ Soldiers of the People’s Police;
+ Coast Guard officers;
+ Soldiers of the border guard;
+ Forest rangers;
+ Customs officers;
Market controller.
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