Conditions for issuance of pursuit warrants in Vietnam

Conditions for issuance of pursuit warrants in Vietnam (Internet image)

1. Subjects who are wanted in Vietnam

Subjects who are wanted include:

- The accused or defendants who absconded or whose whereabouts are unknown.

- Persons who being sentenced to expulsion or serving expulsion sentence absconded.

- Persons who being sentenced to imprisonment absconded.

- Persons who being sentenced to death absconded.

- Persons who serving imprisonment sentence or being permitted to suspend the serving of imprisonment sentence or postpone the serving of criminal sentence absconded.

(Article 2 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC)

2. Principles of pursuit in Vietnam

- Pursuit must be rapid and timely, and conducted against the right persons and right offenses, and assure respect for civil rights to freedom and democracy as provided by law.

- It is prohibited to issue pursuit warrants in contrary to law and guide of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC.

(Article 3 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC)

3. Conditions for issuance of pursuit warrants in Vietnam

- A competent agency may issue a pursuit warrant when fully meeting the following conditions:

+ Having sufficient grounds to believe that a person specified in Article 2 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC has absconded or that his/her whereabouts is unknown, and all necessary measures to verify his/her whereabouts or arrest him/her have been conducted but in vain;

+ Having identified accurately the background and identification features of the absconding person.

- When having sufficient grounds to believe that an accused or a defendant absconded or his/ her whereabouts is unknown, and if the investigative agency, procuracy or court has earlier issued a warrant for his/her temporary arrest but failed, the investigative agency may issue a pursuit warrant, at its own will or the request of the procuracy or court. In case a warrant for the arrest of an accused or a defendant for detention has not been yet issued, the investigative agency, procuracy or court will not issue an arrest warrant in order to temporarily take accused or defendant into custody but the investigative agency may promptly issue a pursuit warrant at its own will or the request of the procuracy or court.

(Article 4 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC)

4. Contents of pursuit warrants in Vietnam

- A pursuit warrant must have the following principal details:

+ Date and place of issuance;

+ Name of the agency, full name and position of the person issuing pursuit warrant;

+ Full name as indicated in the birth certificate, alias (if any), date of birth, place of permanent residence registration, place of temporary residence or another place of residence (if any) of the subject who is wanted;

+ Personal identification characteristics and enclosed photos (if any);

+ Crime for which he or she has been accused, prosecuted or convicted, and penalty level (if any) sentenced by the court against him/her;

+ Address and contact telephone number of the agency issuing the pursuit warrant.

- For an accused or a defendant who has committed more than one crime, a pursuit warrant must specify all crimes he/she has committed.

(Article 5 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC)

5. Sending and notification of pursuit warrants in Vietnam

- A pursuit warrant must be sent to:

+ The police office of the commune, ward or district township and the police offices of the districts where the wanted person has registered his/her permanent or temporary residence and places of residence and of his/her native place;

+ The police department of the province or centrally-affiliated city where the wanted person probably absconds, or the police departments of all provinces and centrally-affiliated cities;

+ The Police Department for Criminal Pursuit of the Ministry of Public Security; and the Police Section for Criminal Pursuit of the provincial-level Police Department (that has issued the pursuit warrant);

+ The professional agency in charge of case dossiers (in place which the dossiers are registered);

+ The people's procuracy that has requested the issuance of a pursuit warrant; the people's procuracy at the same level with the investigative agency issuing the pursuit warrant; or the provincial-level people's procuracy of the locality where there are prison or detention camp and the criminal judgment enforcement agency issuing the pursuit warrant;

+ The people's court that has requested the investigative agency for issuing a pursuit warrant.

- Pursuit warrants must be notified on the mass media so that all agencies, organizations and individuals can know, detect and arrest subjects who are wanted.

(Article 6 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC)

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