All Cases of Confiscation of Evidence and Means of Administrative Violations Must Be Documented

Based on Clause 1, Article 81 of the Law on Handling Administrative Violations 2012, the procedures for confiscation of exhibits and means of administrative violations are regulated as follows:

1. When confiscating exhibits and means of administrative violations as stipulated in Article 26 of this Law, the authorized person must prepare a record. The record must clearly state the name, quantity, type, registration number (if any), condition, quality of the items, money, goods, means of administrative violation being confiscated and must be signed by the person conducting the confiscation, the sanctioned individual or representative of the sanctioned organization, and the witness; if the sanctioned individual or representative of the sanctioned organization is absent, there must be two witnesses. For exhibits and means of administrative violations that need to be sealed, they must be sealed immediately in front of the sanctioned individual, representative of the sanctioned organization, or the witness. The sealing process must be recorded in the record.

For exhibits and means of administrative violations that are being temporarily held, if the authorized person finds that the condition of the exhibits and means has changed compared to the time of making the detention decision, they must prepare a record of these changes; the record must be signed by the person preparing the record, the person responsible for the temporary holding, and the witness.

Thus, it can be seen that in all cases when confiscating exhibits and means of administrative violations, it is mandatory to prepare a record.

Respectfully!