When are the Police Authorized to Search Residences and Workplaces without Procuracy Approval?

According to Article 193 of the 2015 Criminal Procedure Code:

In urgent cases, authorized individuals have the right to issue a search warrant. Within 24 hours after the search, the person issuing the search warrant must notify the equivalent-level People's Procuracy or the People's Procuracy with the authority to exercise prosecution and oversee the investigation of the case in writing.

Before conducting the search, the investigator must inform the equivalent-level People's Procuracy about the time and place of the search so that a procurator can be assigned to oversee the search, except in cases of emergency searches. The procurator must be present to oversee the search. If the procurator is absent, this must be recorded in the search report.

All cases of searches must be documented as specified in Article 178 of this Code and included in the case file.

According to Article 195 of the 2015 Criminal Procedure Code:

- When searching a residence, the individual or someone aged 18 or older living there, a representative of the commune-level, ward, or commune-level town authorities, and a witness must be present. In cases where the individual, someone aged 18 or older living there, is intentionally absent, has fled, or is otherwise unable to be present, and the search cannot be delayed, the search will still be conducted but must involve a representative of the commune-level authorities where the search is conducted and two witnesses.

Night searches of a residence are prohibited, except in urgent cases where the reason must be clearly documented in the search report.

- When searching an individual's workplace, that individual must be present unless it cannot be delayed, in which case the reason must be clearly documented in the search report.

A representative of the agency, organization, or commune-level authority where the individual works must witness the workplace search. If no representative of the agency or organization is available, the search still proceeds but must include a representative of the local commune-level authority and two witnesses.

- When searching a location, a representative of the local commune-level authorities and witnesses must be present.

- When searching a vehicle, the owner or vehicle manager and a witness must be present. If the owner or manager is absent, has fled, or is otherwise unable to be present and the search cannot be delayed, the search will still be conducted but in the presence of two witnesses.

An expert may be invited to participate when searching a vehicle.

- During searches of residences, workplaces, locations, and vehicles, no one present is allowed to leave, communicate, or exchange information with others until the search is complete.

Thus, according to the aforementioned regulations, a search warrant for a residence must be approved by the People's Procuracy before execution. In cases of flagrante delicto, the investigative agency can directly search at the time of discovery. However, within 24 hours after the search, the investigative agency must report in writing to the People's Procuracy.

For criminal cases, after a search, if there are signs of violations, the investigative agency will issue a decision to prosecute. If sufficient evidence exists, the investigative agency can simultaneously issue a decision to prosecute the accused and an order for temporary detention.