Is it necessary to make a record of emergency custody in Vietnam? Is it necessary to make a written record upon the transfer of the detainee?
- Is it necessary to make a record of emergency custody in Vietnam?
- Is it necessary to make a written record upon the transfer of the detainee?
- In what cases is emergency custody implemented?
- Who has the authority to issue an order of emergency custody in Vietnam?
- What is included in a written request for the Procuracy's approval of an emergency custody order?
Is it necessary to make a record of emergency custody in Vietnam?
Pursuant to Clause 1, Article 115 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Written records of emergency custody and arrest
1. Enforcers of detainment orders or arrest warrants must execute all matters in writing.
The written record must specify time, date and location of detainment or arrest and where the record is made. It must indicate actions, circumstances during the enforcement of the detainment order or arrest warrant, documents and items seized, health conditions and opinions or complaints of detainees and arrestees and other details as per Article 133 of this Law.
The record shall be read out to the detainee or arrestee and the witnesses. The detainee, arrestee, enforcers of the detainment order or arrest warrant and witnesses must affix signatures onto the record. If a person as stated above has different opinions or disagrees with the record, he is permitted to enter such opinions or disagreement into the record and affix signature below.
The temporary seizure of documents and items from detainees and arrestees must abide by this Law.
2. A written record shall be made upon the transfer of the detainee or arrestee.
Apart from details as defined in Section 1 of this Article, the written record must elaborate the transfer of the deposition record, documents and items acquired, health condition of detainees and arrestees and facts occurring upon the transfer.
Thus, enforcers of detainment orders must execute all matters in writing.
The written record must specify time, date and location of detainment or arrest and where the record is made. It must indicate actions, circumstances during the enforcement of the detainment order.
Is it necessary to make a record of emergency custody in Vietnam? Is it necessary to make a written record upon the transfer of the detainee?
Is it necessary to make a written record upon the transfer of the detainee?
Pursuant to Clause 2, Article 115 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Written records of emergency custody and arrest
....
2. A written record shall be made upon the transfer of the detainee or arrestee.
Apart from details as defined in Section 1 of this Article, the written record must elaborate the transfer of the deposition record, documents and items acquired, health condition of detainees and arrestees and facts occurring upon the transfer.
Thus, a written record shall be made upon the transfer of the detainee.
In what cases is emergency custody implemented?
Pursuant to Clause 1, Article 110 of the 2015 Criminal Procedure Code of Vietnam stipulating cases of emergency custody as follows:
- There are substantial evidences that such person is going to commit a horrific or extremely severe felony;
- The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be obstructed from escape;
- A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be obstructed promptly from escaping or disposing evidences.
Thus, emergency custody shall be carried out in one of the three cases mentioned above.
Who has the authority to issue an order of emergency custody in Vietnam?
Pursuant to Clause 2, Article 110 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Emergency custody in Vietnam
...
2. The following individuals are entitled to issue an order of emergency custody:
a) Head and vice heads of investigation authorities;
b) Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts; commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force; zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force, heads of special service of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;
c) Commanding pilots and captains of aircrafts and ships leaving airports or sea ports.
Thus, heads and vice heads of investigation authorities; the commanding pilots and captains of aircrafts and ships, etc. will have the authority to issue an order of emergency custody according to the above provisions.
What is included in a written request for the Procuracy's approval of an emergency custody order?
Pursuant to the provisions of Clause 5, Article 110 of the 2015 Criminal Procedure Code of Vietnam, a written request for the Procuracy's approval of an emergency custody order is composed of:
- The letter of request for the Procuracy’s approval of the emergency custody order;
- The written order for emergency custody, arrest warrant against emergency detainees, temporary detainment order;
- The written record of emergency custody;
- The written record of emergency detainee’s deposition;
- Evidences, documents and items related to emergency custody.
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