Can the commune police make a written record of arrest of a person in flagrante in Vietnam?

Can the commune police make a written record of arrest of a person in flagrante in Vietnam?

If the commune police catch a person in flagrante, can they make a written record of arrest of this person?

Answer:

Pursuant to Clause 3 Article 111 of the Criminal Procedure Code in 2015 stipulating arrest of perpetrators of crimes in flagrante delicto as follows:

If communal, ward or town police unit or police station detects, arrests and detains a perpetrator of a crime in flagrante, it shall temporarily seize weaponry, retain relevant documents and items, make written record of arrest, take initial statements, protect crime scene as per the laws, deliver by force the detainee or report to competent investigation authorities in prompt manner.

As regulations above, the commune police can make a written record of arrest of a person in flagrante in Vietnam.

Can the commune police make a written record of arrest of a person in flagrante in Vietnam? - Source: Internet

Can the police detain a person before they commit a crime in Vietnam?

I want to know if the police are allowed to detain a person before they commit a crime in an emergency.

Answer:

Pursuant to Clause 1 Article 110 of the Criminal Procedure Code in 2015, emergency custody of a person is permitted in one of the following events:

- 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.

Pursuant to Clause 3 and 4, Article 9 of the Criminal Code in 2015 stipulating classification of crimes as follows:

- Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this document is from over 7 years' to 15 years' imprisonment;

- Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this document is from over 15 years' to 20 years' imprisonment, life imprisonment or death.

According to this, even if you have not committed a specific act, if the police have sufficient grounds to determine that you are preparing to commit a very serious or extremely serious crime, the police have the right to detain you.

Can the police collect electronic data in Vietnam?

I heard that the police can collect electronic data in any case when investigating a criminal case. Is that true? I would appreciate your answer.

Answer:

Pursuant to Article 223 of the Criminal Procedure Code in 2015, after filing charges, authorized procedural persons during the stage of investigation shall be entitled to enforce special methods of investigation and proceedings:

- Secret recording by sound or sound-and-visual means;

- Secret phone tapping;

- Secret collection of electronic data.

Pursuant to Article 224 of the Criminal Procedure Code in 2015, special methods of investigation and proceedings shall apply to these circumstances:

- Breach of national security, drug-related crimes, corruption, terrorism, money laundering;

- Other organized crimes categorized as extremely severe felonies.

According to the above regulations, the collection of electronic data can only be applied in the following cases: breach of national security, drug-related crimes, corruption, terrorism, money laundering, or other organized crimes categorized as extremely severe felonies.

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