Responsibilities of the Evidence Custodian

This is the content prescribed in Circular 01/2017/TT-BTP issued by the Ministry of Justice on January 23, 2017, specifying the responsibilities of the evidence custodians.

According to Circular 01, the warehouse keeper of evidence has the following responsibilities:

- Handle the receipt, dispatch, and preservation of evidence and temporarily held assets in accordance with the law on civil judgment enforcement;- Prepare warehouse entry and exit proposals; warehouse entry and exit orders; minutes of handover of evidence and temporarily held assets when the competent authority transfers or needs to extract them for procedural activities, for the head of the civil judgment enforcement agency or the person authorized by the head of the civil judgment enforcement agency to review and decide on the entry and exit of the warehouse;- Coordinate with the executor and accountant to check other necessary procedures and documents of the person handing over, including information: type, quantity, weight, characteristics of evidence, temporarily held assets to be entered into the warehouse; reason and time of warehouse entry; full name and position of the person handing over; signature of the head and official stamp of the agency handling the case; identity documents of the person handing over the evidence and temporarily held assets;- Receive, ascertain the status and characteristics of evidence and temporarily held assets, sealing status (if any) upon receipt and entry into the warehouse according to regulations. The inspection of the current status of evidence and temporarily held assets must be compared with the initial seizure report;- Dispatch evidence and temporarily held assets for handling in accordance with the law, ensuring compliance with the list made by the executor and the exit order of the head of the civil judgment enforcement agency or the person authorized by the head of the civil judgment enforcement agency;- Label evidence and temporarily held assets; clearly record the name of the case; the agency, unit, or individual transferring the evidence and temporarily held assets; arrange and position them separately to avoid confusion;- Make individual warehouse cards for each piece of evidence and temporarily held asset; record and update fully the situation in the warehouse log for tracking evidence and temporarily held assets;- Promptly report to the head of the agency upon discovering that evidence and temporarily held assets are lost, damaged, deficient, or have changed sealing status and carry out tasks as required by the competent authority;- Coordinate with the executor and accountant to inventory evidence and temporarily held assets; ensure the safety and security of the shelves, racks, and equipment used for storing and preserving evidence and temporarily held assets, avoiding collapse and unsafe conditions.

View details of Circular 01/2017/TT-BTP effective from March 15, 2017.

-Thao Uyen-

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