Joint Circular 03/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP officially takes effect from March 18, 2018, providing guidelines on the procedures and processes for audio or video recording with sound during the investigation, prosecution, and trial of defendants and commercial legal entities committing crimes.
Article table of contents
During the process of audio recording or video recording of the accused and commercial legal entities committing crimes, the relevant organizations and individuals conducting and participating in proceedings must follow the following sequence and procedures:
- Choose the form of audio recording or video recording with sound for the interrogation process;- Register with the specialized staff at the detention facility or the headquarters of the investigative agency to be allocated a specialized room and receive guidance on the process and technical operations for audio recording or video recording;- Complete the extraction procedure for the accused who are temporarily detained or summon the accused who are on bail (or the legal representative of the offending legal entity) according to the provisions of the law (the accused on bail should not be brought for interrogation at the detention facility, except in cases of confrontation with the accused who is temporarily detained);- When a working room is arranged, notify the accused and the legal representative of the offending legal entity about the recording. This notification must be recorded in the minutes before proceeding with the work;- The audio recording or video recording begins when the interrogating officer presses the start button; the interrogating officer must read the start time aloud and clearly record it in the minutes;- At the end of the working session, the interrogating officer informs the accused and the legal representative of the commercial legal entity committing crimes of the session’s conclusion and presses the stop button; the end time must be clearly recorded in the minutes.
| Note: If audio recording or video recording equipment is not available, interrogation should not be conducted. In case the recording equipment encounters technical issues during the interrogation, the session must be immediately halted. |
