Can the Interrogation of a Suspect be Conducted at Home? Can a Summons for a Suspect be Sent to Their School?
Interrogation of the Accused at Home: Legal Provisions
Can the accused be interrogated at their private residence?
Is it permissible to summon the accused to their educational institution?In a case involving multiple accused persons, is it allowed to interrogate each individual separately?Legal references to investigate:- Decree ND-CP [Number and Year]
- Decision QD [Number and Year]
- Circular [Number and Year]
- Interrogation at Private Residence:The regulations on whether interrogation of the accused can take place at their private residence are specified under the Criminal Procedure Code. Specific provisions will determine the legality based on factors such as consent, security, and the nature of the crime.
- Summoning the Accused to Educational Institutions:The procedural rules on summoning the accused, including whether summons can be sent to their place of education, are clarified in the Criminal Procedure Code. The context of urgency, privacy, and legal permissions will be pivotal in this determination.
- Individual Interrogation in Multi-Accused Cases:When numerous individuals are involved in a case, provisions exist within the Criminal Procedure Code that govern the interrogation process. The aim is to ensure fair proceedings and avoid collusion, thus allowing for separate interrogations where deemed necessary.
Can a suspect be interrogated at their home?
Near my house, there was a case where the authorities decided to prosecute but had not yet arrested the person, and they took the statement right at that person's house. Is this correct or not? Usually, I see that they bring the person to the office to take their statement.
Answer:
Based on Clause 1, Article 183 of the 2015 Criminal Procedure Code:
The interrogation of the suspect is conducted by the Investigator immediately after the decision to prosecute has been made. The interrogation can be conducted at the place where the investigation is carried out or at the suspect's residence. Before interrogating the suspect, the Investigator must notify the Procurator and the defense counsel of the time and place of the interrogation. If deemed necessary, the Procurator may participate in the interrogation.
Therefore, the interrogation can be conducted at the suspect's residence, so the Investigator's action is in accordance with legal regulations.
Can a subpoena be sent to a suspect's school?
I am the father of Hung. Currently, he is studying at a university in Quy Nhon. Yesterday, the police sent a subpoena to my son's school without informing me or the homeroom teacher first. I am worried that doing so may affect the school's information and my son personally. I would like to know if they have the right to such actions according to the law?
Answer:
Based on Clause 2, Article 182 of the 2015 Criminal Procedure Code:
- When summoning the suspect, the Investigator must send a subpoena. The subpoena must clearly state the full name and address of the suspect; the time, date, month, year, location, the duration of the meeting, who to meet with, and the responsibilities regarding absence without justifiable reasons or objective obstructions.
- The subpoena is sent to the local government of the commune, ward, or commune-level town where the suspect resides or to the organization where the suspect works or studies. The organization or local government receiving the subpoena is responsible for immediately transferring the subpoena to the suspect.
Therefore, according to the above regulation, the police sending a subpoena to your child's school while they are studying there is correct.
In a case with many suspects, should each person be interrogated separately?
According to current legal regulations, when there is a case with many suspects, should each person be questioned separately or all at once? What is the legal basis?
Answer:
Based on Clause 2, Article 183 of the 2015 Criminal Procedure Code:
Before conducting the first interrogation, the Investigator must explain to the suspect their rights and obligations according to Article 60 of this Code. This must be recorded in the minutes.
In cases with many suspects, each suspect must be questioned separately, and they should not be allowed to communicate with each other. The suspect may be allowed to write their own statement.
Therefore, in cases with many suspects, each suspect must be questioned separately and not allowed to communicate with each other. The suspect may be allowed to write their own statement.
Respectfully!
