Guidance on Handling Lost or Damaged Seized Evidence and Assets

04:13, 11/07/2024

This is the noteworthy content stipulated in Circular 01/2017/TT-BTP issued by the Ministry of Justice on January 23, 2017, which regulates the management of evidence warehouses and temporarily seized property in the enforcement of civil judgments.

Circular 01 stipulates that upon discovering physical evidence or temporarily seized property being stored and preserved in the evidence warehouse is lost, damaged, no longer valuable, deteriorated to the extent of being dangerous or potentially causing safety risks, handling is as follows:

- For lost physical evidence or temporarily seized property, responsibilities must be clarified and cooperation with relevant agencies for investigation is required; verification and clarification must be done, and depending on the nature and severity of violations, disciplinary actions or recommendations for criminal prosecution against the individuals in violation should be considered.- For damaged physical evidence or temporarily seized property that is no longer usable, it should be destroyed in accordance with the provisions of Clause 3, Article 126 of the Law on Civil Judgment Enforcement and Point b, Clause 2, Clause 3, Article 13 of Circular 01/2016/TT-BTP.- For deteriorated physical evidence or temporarily seized property that is dangerous and potentially unsafe, cooperation with specialized agencies to discuss, agree on a solution, and proceed with handling is required to ensure human safety and sanitation, and environmental protection.

See details in Circular 01/2017/TT-BTP effective from March 15, 2017.

-Thao Uyen-

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