Body search is a measure applied when there is a written order or decision of a competent person. So what are the cases of body search without needing a warrant in Vietnam? - Thanh Nhan (Binh Phuoc, Vietnam)
Article table of contents
Cases of body search without needing a warrant in Vietnam (Internet image)
1. Justifications for body search in Vietnam
1.1 The body search according to administrative procedures in Vietnam
Pursuant to Clause 4, Article 119 of the Law on Handling Administrative Violations 2012, body search is one of the measures applied in case need timely prevent administrative violations or in order to ensure the handling of administrative violations.
The search of a person according to administrative procedures shall only be conducted when there are grounds to believe that such person hides in his person objects, documents and means used to commit administrative violations.
(Clause 1, Article 127 of the Law on Handling Administrative Violations 2012)
1.2 Justifications for search of body according to criminal procedures in Vietnam
Clause 1, Article 192 of the Criminal Procedure Code 2015 stipulates that the search of body shall only be permissible in the presence of justifications showing the existence of criminal instruments, documents, items, property obtained by crime or other objects, electronic data, documents related to the case.
Search of residence, workplace, area and vehicle shall be conducted to seek wanted persons or search and rescue crime victims.
(Clause 1, Article 194 of the Criminal Procedure Code 2015)
2. Cases of body search without needing a warrant in Vietnam
2.1 Cases of body search without needing a warrant according to administrative procedures in Vietnam
Article 127 of the Law on Handling Administrative Violations 2012 stipulates that the search of transport means and objects must be decided in writing.
However, in case there are grounds in order to believe that if not immediately perform search, material evidences of administrative violations shall be dispersed, destroyed, they may search transport means and objects according to administrative procedures without needing a warrant.
In this case, apart from the people specified in Clause 1, Article 123 of the Law on Handling Administrative Violations 2012, people's policemen, coast guard officers, border guards, rangers, Customs officers and market controllers on official duty may search people according to administrative procedures.
* Note: After conducting a body search, the above-mentioned persons must immediately report to their heads who are one of the persons specified in Clause 1, Article 123 of the Law on Handling Administrative Violations 2012 and must take responsibilities for the search.
2.2 Cases of search of body without warrant under criminal proceedings in Vietnam
Pursuant to Article 194 of the Criminal Procedure Code 2015:
Enforcers of a search warrant, before searching body, must read out the warrant and let the searched person read it. The searched person and attendees in the search shall hear explanations of their rights and duties.
However, it is possible to conduct a search of a person without a warrant in the following cases:
- Cases of apprehension of persons according to the provisions of Clause 2, Article 109 of the Criminal Procedure Code 2015 include:
+ Emergency custody
+ Arrest of perpetrators of crimes in flagrante
+ Arrest of wanted fugitives,
+ Capture of suspects and defendants for detention,
+ Arrest of persons for extradition.
- In case there are grounds to confirm that the person present at the search place has hidden weapons, weapons, evidences, documents and objects related to the case.
Van Trong
