What are the procedures for the sealing of material evidence in Vietnam? Who are the participants in sealing and unsealing material evidence?
What is the sealing of material evidence in Vietnam?
Under regulations in Clause 1, Article 3 of Decree 127/2017/ND-CP:
Interpretation of Terms
1. Sealing of material evidence is the act of ensuring the integrity of material evidence by:
a) Placing the material evidence in a safely protected state, including wrapping, boxing, placing in containers, bottles, jars, and other forms (referred to as packaging, sealing) and affixing sealing paper over parts that can be opened to retrieve, replace material evidence, or could impact the integrity of the material evidence;
b) For material evidence that is large, heavy, or immovable, affix sealing paper to various parts or important components of the material evidence;
c) For certain types of material evidence, locks, seal wires, steel cables, and other forms can be used to enclose the material evidence before affixing sealing paper.
Thus, sealing of material evidence in Vietnam is understood as ensuring the integrity of the material evidence by safety measures such as wrapping, boxing, sealing, locking, clamping...
What are the procedures for the sealing of material evidence in Vietnam? Who are the participants in sealing and unsealing material evidence? (Image from the Internet)
Who are the participants in sealing and unsealing material evidence in Vietnam?
Under regulations at Article 7 of Decree 127/2017/ND-CP:
- Participants in sealing of material evidence include:
+ Witnesses or representatives of the commune, ward, commune-level town where the sealing of material evidence takes place;
+ Related individuals; representatives of agencies, organizations having interests, duties, responsibilities related to the sealed material evidence (if any);
+ Defense attorneys (if any).
- Participants in unsealing of material evidence:
+ Related individuals; representatives of agencies, organizations having interests, duties, responsibilities related to the sealed material evidence (if any);
+ Defense attorneys (if deemed necessary);
+ Representatives of the commune, ward, commune-level town where the material evidence is unsealed (in necessary cases);
+ Representatives of the agencies managing the sealed material evidence in cases where the material evidence is held at specialized agencies.
What are the procedures for the sealing of material evidence in Vietnam?
Under regulations at Article 8 of Decree 127/2017/ND-CP regarding the procedures for the sealing of material evidence in Vietnam:
Procedures for sealing of material evidence
An material evidence can undergo sealing, unsealing once or multiple times. After each unsealing, upon completion of using the material evidence, it must be resealed according to the Proceduress stipulated in this Decree and sent to the material evidence storage location as per legal regulations. The sealing of material evidence is conducted as follows:
1. Preparation for sealing of material evidence
a) The organizer of sealing of material evidence invites or summons the participants in the sealing of material evidence;
In cases where related individuals; representatives of agencies, organizations having interests, duties, responsibilities related to the sealed material evidence lose legal capacity as per legal regulations or have died, the organizer of sealing of material evidence invites their relatives or their legal representatives to participate in the sealing of material evidence;
In cases where individuals having interests, duties, responsibilities related to the material evidence needing sealing are defendants or detainees, when sealing, the organizer invites their relatives or their defense attorneys (if any) or representatives of the commune, ward, commune-level town where the sealing of material evidence is organized to witness.
For material evidence requiring special preservation conditions such as poisons, radioactive substances, explosives, flammables, harmful bacteria, viruses, parasites, blood samples, tissues, human body parts, and other human body samples or similar material evidence, specialized agencies must participate in the sealing of material evidence. In cases where the specialized agency cannot promptly attend while immediate sealing is required to ensure the material evidence’s integrity, sealing can still proceed but must ensure safety.
For material evidence that cannot be sealed on-site, partial or important parts should be sealed first, then transport it to a location decided by the competent authority handling the case to proceed with sealing according to the stipulated Proceduress in this Decree.
b) Preparing the necessary conditions to seal the material evidence.
The person presiding over the sealing of material evidence must direct the preparation of necessary tools and means to serve the sealing of material evidence, affixing the sealing paper, preserving, and transporting the material evidence.
2. Conducting sealing of material evidence
a) Check the material evidence to be sealed to specifically, fully, and accurately describe the condition of the material evidence in the sealing of material evidence minutes;
b) Package or seal the material evidence to be sealed (in case the material evidence can be packaged or sealed);
c) Those organizing and participating in the sealing of material evidence sign, clearly write their full names, or fingerprint (with annotations of the names of persons affixing fingerprints) on the sealing paper (written or fingerprinted clearly with indelible ink);
d) Affix the seal of the agency, organization conducting the sealing of material evidence or of the commune, ward, commune-level town where the sealing of material evidence is conducted onto the sealing paper;
đ) Affix the sealing paper;
For packaged or sealed material evidence, the sealing paper must be affixed over parts that can be opened to retrieve the material evidence or could impact the integrity of the material evidence;
For large, heavy, or immovable material evidence, the sealing paper must be affixed over important parts that identify the origin, nature, and characteristic of the material evidence and joints or connections of the material evidence;
Depending on specific cases, appropriate measures must be taken to protect the sealing paper for transportation and preservation conditions.
e) Check the sealing of material evidence (the sealing paper must ensure it is not torn, deformed; the information on the sealing paper must not be lost or altered).
3. Concluding sealing of material evidence
Draft the sealing of material evidence minutes. The minutes must accurately describe the condition of the material evidence before and after sealing, contain full signatures, names, or fingerprints (with annotations of the names of persons affixing fingerprints) of those organizing and participating in the sealing of material evidence according to legal regulations and the stipulations of this Decree. The minutes are drafted, included in the case file, and one copy is given to the individuals, agencies, organizations having interests, duties, responsibilities related to the sealed material evidence.
In cases where related individuals; representatives of agencies, organizations having interests, duties, responsibilities related to the sealed material evidence, defense attorneys do not sign the minutes of sealing of material evidence or sealing paper, the organizer of sealing of material evidence must draft a report stating the reasons with the witness of the representatives of the commune, ward, commune-level town where the sealing of material evidence is conducted.
In the following cases: Related individuals; representative agencies, organizations having interests, duties, responsibilities related to the sealed material evidence (or their relatives, legal representatives), defense attorneys are absent or do not attend without justifiable reasons as requested by the agency or the organizer of sealing of material evidence; the material evidence has no owner or the owner is undetermined, the legal manager must draft a report stating the reasons and request those participating in the sealing of material evidence to sign the report.
Thus, the procedures for the sealing of material evidence in Vietnam are carried out as per the above regulation.
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