What is the list of objects prohibited from being brought into temporary detention and custody cells in Vietnam? How to handle objects prohibited from being brought into the detention and custody facility?
- What is the list of objects prohibited from being brought into temporary detention and custody cells in Vietnam?
- When detecting prohibited objects from being brought into temporary detention and custody cells, what are the responsibilities of detention facility officers?
- How to handle objects prohibited from being brought into the detention and custody facility?
What is the list of objects prohibited from being brought into temporary detention and custody cells in Vietnam?
According to the provisions of Article 4 of Circular No. 32/2017/TT-BCA, the list of objects prohibited from being brought into temporary detention and custody cells includes:
- Weapons, explosives, explosives, support tools.
- Anesthetics, poisons, toxic gases, radioactive substances, toxic and dangerous chemicals.
- Narcotic substances, drug precursors, addictive substances, psychotropic substances.
- Flammable substances, flammable substances (gasoline, oil, alcohol, lighters, matches...).
- Mobile phones and communication devices.
- Data storage devices, sound recorders, video recorders, music players, radios; devices, appliances with similar features and other technical and electronic equipment.
- The utensils of metal, crockery, porcelain, stone, glass, other sharp and bow objects and types of wire are capable of being used to commit suicide, breaking the cell, escaping from the place of detention, causing injury or harm to the health or life of the person held in custody, temporary detention or other persons.
- All kinds of books, newspapers, documents, pictures, photos and tapes with reactionary content, illegal propaganda, debauchery, superstition; means and tools used to gamble in any form.
- All kinds of paper, pens and ink (unless agreed by the detention facility).
- Wine, beer, alcoholic beverages, tobacco, pipe tobacco; curative and prophylactic drugs have not been approved by the detention facility's medical staff.
- Vietnam Dong, foreign currencies, valuable papers, gold, silver, precious stones and other precious metals.
What is the list of objects prohibited from being brought into temporary detention and custody cells in Vietnam? How to handle objects prohibited from being brought into the detention and custody facility?
When detecting prohibited objects from being brought into temporary detention and custody cells, what are the responsibilities of detention facility officers?
According to the provisions of Article 5 of Circular No. 32/2017/TT-BCA, when detecting the introduction of prohibited objects into the temporary detention and custody cell, the officer is responsible for making records of seizure and recording testimonies of violators and witnesses (if any).
The report must clearly identify the quantity, weight, type, shape, size, color, condition and other characteristics of the confiscated prohibited objects. Objects suspected of being gold, silver, precious stones, other precious metals, drugs must be sealed and signed by the violator or witness.
If it is not possible to identify the subject of bringing prohibited objects into the custody room or temporary detention room, upon seizure, at least 02 persons held in custody or temporary detention must sign the record and seal it (if any) and organize verification and clarification for processing.
After making a record of seizure of prohibited objects, the officer must report it to the head of the detention facility for handling and strict management to ensure safety. The seizure, delivery and receipt of prohibited objects must be recorded in writing and recorded in a monitoring book.
How to handle objects prohibited from being brought into the detention and custody facility?
According to the provisions of Clause 1, Article 24 of the 2015 Law on Temporary Detention and Custody in Vietnam: The persons held in temporary detention or custody are permitted to bring with them the personal necessary objects into the detention or custody cells.
Their other objects, personal belongings, money and properties must be deposited at the prescribed place of the custody facility or authorized to their relatives or legal representative for management. The objects which cannot be stored during the time of temporary detention or custody and the objects subject to the list banned from bringing into the detention cells and custody cells if being destroyed, the head of custody facility must issue a written decision or handle them in accordance with regulations of law. Upon destruction, there must be the presence of the persons held in temporary detention or custody and the destruction must be recorded. If they are released or transferred to other custody facilities, their other objects, personal belongings, money and properties deposited shall be returned to them. Where the custody facility damages or loses them, it shall make compensation.
Thus, the case of prohibited objects brought into the detention facility will be handled according to the provisions of Article 7 of Circular No. 32/2017/TT-BCA as follows:
- Prohibited objects specified in Clauses 1, 2, 3, Article 4 of this Circular shall be recorded in writing and immediately transferred to the competent investigating agency for handling in accordance with law.
- Prohibited objects specified in Clauses 4, 5, 6, Article 4 of this Circular, after being seized, must be inspected, verified, clarified and documented before being destroyed; in case the prohibited objects contain contents and data related to the case, they shall be transferred to a competent investigation agency for handling in accordance with law.
- For prohibited objects specified in Clauses 7, 8, 9, 10, Article 4 of this Circular, the head of the detention facility shall make a decision and organize the destruction.
- For the destruction of prohibited objects, a council must be established. For a detention center, where the superintendent is the chairman, 01 deputy warden is the vice president, the captain of the professional teams and the head of the infirmary are members; for temporary detention houses, the deputy head of the district-level police station in charge of the temporary detention house shall act as the chairman, the head or deputy head of the temporary detention house shall act as the vice president, and the prison guards, security guards and medical officers shall act as members.
- After confiscating prohibited objects specified in Clause 11 Article 4 of this Circular, the head of the detention facility shall deposit it into the State Treasury where the unit is stationed and request the person competent to issue a handling decision in accordance with law; In cases where the person held in custody or temporary detention voluntarily surrenders, it may be deposited for custody or handed over to the next of kin at the request of the surrenderer.
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