Decision to Prohibit Leaving the Place of Residence by the Investigative Agency: Does it Need to be Submitted to the Procuracy for Approval Before Implementation?
Article 123 of the 2015 Code of Criminal Procedure stipulates the prohibition from leaving the place of residence as follows:
Prohibition from leaving the place of residence is a preventive measure that can be applied to suspects and defendants who have a clear place of residence and background to ensure their presence according to the summons of the Investigative Agency, the Procuracy, and the Court.
The authorities stipulated in Clause 1, Article 113 of this Code, the presiding Judge in the trial, and the Head of the Border Guard Station have the right to issue an order prohibiting leaving the place of residence.
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Point a, Clause 1, Article 113 of this Code stipulates:
- The following individuals have the right to issue an order, decide to arrest suspects and defendants for temporary detention:
a) The Heads and Deputy Heads of the Investigative Agencies at all levels. In this case, the arrest warrant must be approved by the Procuracy at the same level before execution;
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Thus, those who have the authority to issue an order, decide to arrest suspects and defendants for temporary detention also have the authority to issue an order prohibiting leaving the place of residence, including the Heads and Deputy Heads of the Investigative Agencies at all levels.
The regulation on prohibiting leaving the place of residence does not stipulate that the Heads and Deputy Heads of the Investigative Agencies at all levels need to have the Procuracy at the same level approve before executing the order to prohibit leaving the place of residence.
In cases where the Heads and Deputy Heads of the Investigative Agencies at all levels issue an order, decide to arrest suspects and defendants for temporary detention, only then does it have to be approved by the Procuracy at the same level before execution.
Respectfully!
