What is the procedure for handling temporarily seized evidence and means of transportation after the expiration of detention period without a solution for the case?

According to the provisions of Clause 8, Article 125 of the Law on Handling Administrative Violations 2012, the temporary detention of exhibits, means of transport, licenses, and practice certificates according to administrative procedures is stipulated as follows:

- The duration for temporarily detaining exhibits, means of transport in administrative violations, licenses, and practice certificates is 07 days from the date of detention. The detention period can be extended for cases with many complicated details that require verification but must not exceed 30 days from the date of detention of exhibits, licenses, and practice certificates.

- For cases falling under the provision in paragraph 2, Clause 1, Article 66 of this Law that require additional time for verification, the competent person resolving the case must report in writing to their direct superior to request an extension of the detention period; the extension must be in writing, and the extension period must not exceed 30 days.

- The duration for temporarily detaining exhibits, means of transport in administrative violations, licenses, and practice certificates is calculated from the actual time the exhibits, means of transport, licenses, and practice certificates are detained.

- The detention period for exhibits, means of transport in administrative violations, licenses, and practice certificates must not exceed the time limit for issuing a decision on administrative violation penalties as stipulated in Article 66 of this Law, except for the case specified at point c, Clause 1 of this Article.

Thus, for the above case, when the detention period expires, it can be extended, but not exceeding 30 days.

After the mentioned period expires, the person who issued the detention decision must return the items to the individual or organization if the confiscation of the detained exhibits, means of transport, or the revocation of the license or practice certificate is not applied (Clause 1, Article 126).

Sincerely!