What is process of preparing to seal evidence in Vietnam?

What is process of preparing to seal evidence in Vietnam?

Clause 1, Article 8 of Decree 127/2017/ND-CP stipulates process of preparing to seal evidence as follows:

1. Prepare to seal evidence

a) The organizer of the sealing of evidence invites or summons participants to seal the evidence;

In the case of the person involved; If the representative of an agency or organization with rights, obligations, and responsibilities related to the sealed material evidence has lost the capacity to act according to the provisions of law or has died, then the organizer of sealing the evidence invites their relatives or legal representatives to participate in sealing the evidence;

In cases where the person with rights, obligations, and responsibilities related to the evidence that needs to be sealed is a suspect or defendant who is being detained or custodied, when sealing, the person who organizes the sealing will invite relatives of the person who is being detained or custodied. They or their defense counsel (if any) or representative of the commune, ward or town government where the witness sealing is organized.

For evidence requiring special preservation conditions such as poisons, radioactive substances, explosives, flammable substances, bacteria, viruses, toxic parasites, blood samples, tissues, human body parts and other Other specimens of the human body or other evidence of similar nature must have the participation of a specialized agency when sealing the evidence. In cases where the specialized agency has not arrived in time and deems it necessary to seal immediately to ensure the integrity of the evidence, the evidence can still be sealed but must ensure safety.

For evidence that cannot be sealed at the scene, each part or important parts must be sealed, then brought to the location decided by the competent agency handling the case to be sealed in accordance with the order and procedures specified in this Decree.

b) Prepare necessary conditions to seal evidence.

The person in charge of organizing the sealing of evidence must direct the preparation of necessary tools and means to serve the sealing, affixing of sealing paper, preservation and movement of evidence.

What is process of preparing to seal evidence in Vietnam? (Image from the Internet)

What is implementation of sealing of evidence in Vietnam? 

In Clause 2, Article 8, Decree 127/2017/ND-CP stipulates sealing of evidence as follows:

2. Sealing evidence

a) Check the evidence that needs to be sealed to describe specifically, fully and accurately the actual status of the evidence in the record of sealing the evidence;

b) Pack or seal the evidence that needs to be sealed (in case the evidence can be packaged or sealed.

c) Those who organize the sealing and participate in sealing the evidence sign and write their full names or fingerprints (with notes on the full name of the person making the payments) on the sealing paper (write or fingerprint clearly with indelible ink);

d) Affix the stamp of the agency or organization sealing the evidence or the government of the commune, ward or town where the organization seals the evidence on the sealing paper;

d) Paste sealing paper;

For packaged or sealed evidence, sealing paper must be placed over the parts that can be opened to retrieve the evidence or can change the integrity of the evidence;

For evidence that is large in volume, size or cannot be moved, sealing paper must be pasted over important parts that determine the source, origin, characteristics of the evidence and the assembled and connected parts of physical evidence;

Depending on each specific case, there must be a form of protection for the sealing paper to suit the transportation and storage conditions.

e) Check the seal of the evidence (the sealing paper must ensure that it is not torn or deformed; the information written on the sealing paper must not be lost or deformed).

What are regulations on termination of sealing of evidence in Vietnam? 

In Clause 3, Article 8, Decree 127/2017/ND-CP stipulates termination of sealing of evidence as follows:

3. Finish sealing the evidence

Prepare a record to seal the evidence. The record must accurately describe the actual status of the evidence before and after being sealed, and contain full signatures, full names or fingerprints (with notes on the full name of the fingerprinter) of the people who organized and participated in sealing physical evidence according to the provisions of law and the provisions of this Decree. A record is made, included in the case file and 01 copy is given to the person, agency or organization with rights, obligations and responsibilities related to the sealed evidence.

In the case of the person involved; representative of an agency or organization with rights, obligations, and responsibilities related to the sealed evidence, the defense counsel does not sign the sealing record or sealing paper, then the organizer shall seal the evidence. A record must be made clearly stating the reason in the presence of a representative of the commune, ward or town government where the evidence is sealed.

In these cases: Related persons; representative of an agency or organization with rights, obligations, and responsibilities related to sealed evidence (or their relatives or legal representatives), the defense counsel is not present or does not come, without a legitimate reason as requested by the agency or person organizing the sealing of evidence; If the evidence has no owner or the legal owner or manager has not been identified, a record must be made, clearly stating the reason and requiring those participating in the sealing to sign the record.

Best regards!