Circular 33/2014/tt-Bca: Detailing Standards, Sequence, Procedure Of Appointing, Dismissing The Criminal Technical Assessor

Original Language Title: Thông tư 33/2014/TT-BCA: Quy định chi tiết tiêu chuẩn, trình tự, thủ tục bổ nhiệm, miễn nhiệm giám định viên kỹ thuật hình sự

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MINISTER OF SECURITY
Number: 33 /2014/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 5, 2014

IT ' S SMART

Specifies standard details, sequence, appointment procedures, immunity

The visual technician.

________________

The Law of the Judicial Law of 2012;

Base of Protocol 85 /2013/NĐ-CP July 29, 2013 by the Government regulating the details and measures of the Law of Judicial Regulation;

Base of Protocol 77 /2009/NĐ-CP September 15, 2009 of the Government Regulations on the function, mandate, jurisdiction and structure of the Ministry of Public Security; the digital decree. 21 /2014/ND-CP March 25, 2014 of the Government amended, the addition of Article 3 Digital Protocol 77 /2009/NĐ-CP September 15, 2009;

On the recommendation of the Chief Directorate General of the Bureau of Defense, Anti-Crime,

After reunification with the Minister of Justice, the Minister of Defense,

The Minister of Public Security issued the provisions of the standard details, the order, the appointment procedure, the dismissal of the criminal engineering examiner.

What? 1. The adjustment range

This information regulates the standard details, the sequence, the appointment procedure, the dismissal of the criminal engineering examiner and the recommended profile of the appointment of the criminal engineering examiner.

What? 2. Subject applies

This information applies to the agency, the unit, the individual of the Ministry of Public Security, the Ministry of Defense, the Provincial People ' s Committee, the central city of the city in the implementation of the appointment, the dismissal of criminal engineering and agency, the organization, the individual involved. They're interested in judicial monitoring.

What? 3. Criminal Technical Director

The criminal engineering examiner consists of:

1. The trail marker.

2. The mechanical marker bishop.

3. Gun control, bullets.

4. Document Monitor.

5. Fire Chief, detonation.

6. Technical Supervisor.

7. Audio Officer.

8. Biocontrol.

9. Chemical Supervisor.

10. Digital and electronic supervising.

What? 4. Standard Technical Technical Supervisor Standards

The standard of criminal engineering supervision by paragraph 1 Article 7 of the 2012 Judicial Regulations Law is specified in particular as follows:

1. As a civil service officer, officer of the military personnel at the army;

2. There is good health, good moral qualities;

3. There is a higher degree of higher education and has been directly working in the specialized field of training in the field of specialized training from all three years or more, namely:

a) Monitoring of the path: there is a level of higher education in one of the groups of security and social order groups, law groups, computer groups, and information technology, chemistry, chemical engineering, chemical engineering, and industry. Chemical engineering technology, chemical engineering division commander of chemical engineering, engineering and information engineering.

b) The mechanical footprint supervisor: there is a university level that goes up to one of the security and social order groups, the law group, the mechanical engineering industry group, the mechanical engineering and mechanical engineering group, the computer industry and the technology sector. information, the information engineering command industry;

c) The gun, bullet: has a university level coming up in one of the security and social order groups, the law group, the computer industry and information technology, the mechanical engineering industry, the mechanical engineering industry, the engineering industry. It ' s the information technology.

d) Document Director: has a higher level of higher education in one of the groups of security and social order groups, the law group, the Vietnamese language and culture group, the foreign language and culture group, the computer industry group and the information technology. Believe, the art group, the working arts group, the chemistry industry, the chemical engineering industry, the chemical engineering industry, the chemical pedanists, the engineering industry, the photography industry, the information engineering industry;

Monitoring, detonation: there is a university level that becomes one of the groups of electrical engineering, electronics and telecommunications; the electrical engineering group, electronics and telecommunications; the chemistry; the fire department; the fire department, the fire department, and the rescue. Engineering, Engineer Engineering, Chemical Engineering Command.

e) Technical supervisor: there is a university level that becomes one of the groups of electrical engineering, electronics and telecommunications; groups of electrical engineering, electronics and telecommunications; the computer industry and information technology group, the basic engineering industry group. Gas and mechanical engineering, fire department fire and rescue rescue, technical command sector, information engineering command sector;

g) Audio technician: there is a university level that becomes one of the group of computer and information technology groups; groups of electrical engineering, electronics and telecommunications; the electrical engineering group, electronics and telecommunications; the language and language groups. Vietnamese culture, linguistics, information engineering.

h) Bioscience: A college degree becomes one of the biological groups, the applied biology group, the medical group, the medical services group, the biology department.

i) The chemical technician: there ' s a higher degree of undergraduate degree in one of the pharmaceutical industry, the chemistry, the chemical engineering industry, the chemical engineering industry, the environmental engineering industry, the food industry, the chemical pedology industry, Chemical engineering, engineering, and chemical engineering.

) Digital and electronic monitoring: there is a university level that becomes one of the major groups of electrical engineering, electronics and telecommunications, the electrical engineering group, electronics and telecommunications; the computer industry and information technology group, the industry only. Information technology.

4. There is evidence that only the training or fostering of the specialized school of interest in the subject is recommended by the Institute of Criminal Science or the Agency for Criminal Science in foreign countries recognized in Vietnam by the rule of law on education. and the international treaty that the Socialist Republic of Vietnam signed or joined the grant.

What? 5. Authority, sequence, appointment procedure, dismissal of the criminal engineering examiner.

1. The Institute of Criminal Science chaired, in collaboration with the Political Bureau, the Logistics Police Department, anti-crime, the Bureau of Police Staff, the Anti-Criminal Police Department, which is resistant to the selection of eligible persons to appoint a criminal engineering examiner as prescribed at 1 Article 7. The Judicial Regulation Law of 2012, Article 4 of this Information; sweeping the case of dismissal of the prescribed criminal engineering in accordance with Article 10 of the Judicial Statutory Law of 2012, the filing of the appointment profile, the dismissal of the technical examiner. In the form of, the Chief Directorate General of the Police Department, against the crime of reporting the Secretary of State of the Department of Public Security. It ' s the criminal engineering department of the Institute of Criminal Sciences.

2. The Defense Department Bureau of Criminal Investigation is responsible for selecting the eligible person to appoint a criminal engineering examiner under the provisions of Article 7 of the Judicial Regulation Act of 2012, Article 4 of this Information; review of cases of supervised dismissal. The Office of the Defense of Justice in 2012, the Secretary of Defense recommended that the Minister of Public Security, to appoint the Minister of Public Affairs, to appoint the Minister of Public Affairs, to appoint the Minister of Public Engineering. The Criminal Investigation Department, the Department of Defense, and the Bureau of Criminal Police Department. The Criminal Science Institute is responsible for helping the Chief Directorate General of the Department of Defense, anti-criminal examination of the records of the Department of Public Security reports.

3. Provincial Public Security, central city (collectively known as Provincial Security) presiding, in coordination with the Department of Justice selected eligible for the appointment of a criminal engineering examiner under the stipulation at paragraph 1 Article 7 Judicial Regulation Law in 2012, This Article 4; scrutinism cases of dismissal of criminal engineering under the regulation at paragraph 1 Article 10 of the Judicial Law of the Year of 2012, the filing of reports of Chairman of the Provincial Committee of the Provincial People's Committee decides to appoint, dismissal of the officer. The technical engineering department of the Department of Public Security Engineering.

4. In the 10-day period of work, since the appointment date, the dismissal of the criminal engineering examiner, the Ministry of Public Security, the Provincial People ' s Committee responsible for setting up, posting the appointment list, the dismissal of the criminal engineering examiner on the power portal. Of the Ministry of Public Security, the Provincial People's Committee.

The Directorate General of Police, Anti-Crime (Criminal Science Institute), is responsible for helping the Department of Public Security, to post a list of supervising lists on the Department of Public Security ' s electronic information portal, while sending the Ministry of Justice to establish, adjust the general list of judges. The judiciary.

The Provincial Security (Criminal Engineering Department) is responsible for helping the Provincial People 's Committee, which posts the list of supervises on the electronic information portal of the Provincial People' s Committee, simultaneously sending the Department of Justice to set up, which regulates the general list of oversight. The judiciary.

5. Decision to appoint, exempt from the criminal engineering examiner of the Department of Public Affairs Science Department under the number 1a/KTHS, 01b/KTHS issued with this message.

The decision to appoint, the dismissal of the criminal engineering officer of the Department of Defense Criminal Investigation, according to the 2a/KTHS number, the 02b/KTHS issued with this message.

The decision to appoint, the dismissal of the criminal engineering department of the Department of Public Security Criminal Engineering Department, according to the number 03a/KTHS, the 03b/KTHS issued with this message.

What? 6. Profile of the appointment, dismissal of the criminal engineering examiner

1. The filing recommended that the appointment of the criminal engineering examiner be made up of 2 ministries, in addition to the prescribed texts at Article 8 of the Judicial Ordinance Ordinance of 2012 that must have the following text:

a) The proposed text of the chamber leader or the center or the institution where the person is offered to appoint;

b) The self-examination of the person recommended to appoint a supervisor during the time of service in the examination of the examination of the room, center, or division where the person is recommended;

c) 2 color images of 2cmx3cm.

2. The file recommended for the dismissal of the criminal engineering examiner being made up of 2 ministries and executed by regulation at paragraph 2 Article 10 Judicial Judicial Examiner in 2012.

What? 7. Criminal Technical Technical Manager Card

1. The criminal technical examiner card is the type of public paper issued by the Ministry of Public Security to grant the director of criminal engineering in the country.

2. The criminal engineering examiner tag according to the number 4 /KTHS issued by this message, in particular as follows:

The rectangular card, the length of 09cm, width 6.5cm, is pressed with the Plastic paste, in the cross-left corner of the inner envelope with the protective text: "KTHS" size 6.

Front: In cheap, pale yellow. The left side is glued to a 2cm x 3cm color image, which has a hybrid receipt (at 1/4 in the right corner of the image). On the left side are the letters from top to bottom: "REPUBLIC OF VIETNAM; Independence-Freedom-Happiness" size 6-CARD TECHNICAL EXAMINER CARD (in bold red color) 8-digit size; surname; date of birth; appointment date; specialist sector; where Eight-year-old: day, month, year level; the name of the person with the authority to issue a card, sign the name, and seal the size 6.

On the reverse: The red flag, which has a gold-colored paper brace of 0.3cm of four sides, between the floating country, 2.5cm in diameter. Above the emblem is the letter "REPUBLIC OF VIETNAM", below the coat of arms is the letter "CRIMINAL TECHNICAL EXAMINER ' S CARD", the yellow letter, the size 10.

What? 8. Authority, sequence, grant procedure, reorder, recovery of Criminal Technical Technical Manager Card

1. Authority to grant, grant, revoking the Criminal Engineering Manager Card:

a) The Chief Directorate General of the Directorate General of Police, Anti-Criminal Criminal, Department of Criminal Justice, revoked, revoking the criminal engineering card to the criminal engineering examiner of the Criminal Sciences Department and the Criminal Investigation Department of Criminal Investigation. The Defense Department. The Criminal Science Institute is responsible for helping the Chief Directorate General of the Crime Prevention Department in the granting, reissued, revoking the criminal engineering card.

b) The Director of Provincial Public Security has the authority to grant, grant, revoking the Criminal Technical Card Management Card for the criminal engineering examiner of the Department of Provincial Public Security Criminal Engineering Department. The Provincial Public Security Engineering Department has the responsibility to help the Director of Provincial Public Affairs in the granting, reissue, revoking the criminal engineering card.

2. In the 15-day period since the date of receiving the decision to appoint the criminal engineering examiner, General Secretary General of the Bureau of Police, Anti-Crime, Director of Provincial Public Security is responsible for issuing cards to the appointed head of engineering. A criminal.

The examiner is issued a criminal engineering examiner card that is only used cards in the operation of criminal engineering, which is not used for other purposes; strictly prohibited repairs, on loan, or retained when no longer be used; when lost. report directly to the Prime Minister; cases of violations depending on the extent of which may be subject to disciplinary action.

3. General Directorate General of Police, Anti-Crime Director, Director of Provincial Public Security Issuing Criminal Engineering Cards in the case of the lost, faulty, faulty, broken, shabby (tear, dirty, fuzzy, etc.) to the point of not using it. to be; or there is a change in information that has been documented in the Regulatory Card of the Regulatory Specification at paragraph 2 Article 7 of this. The profile offers to re-issue the Criminal Technical Technical Supervisor Card:

a) The proposed application of the criminal engineering examiner Card of the criminal engineering examiner;

b) The confirmation of the Chief Minister of the management of the criminal engineering examiner on the status of the criminal engineering card of the person offering the card;

c) The copy of the decision to appoint the criminal engineering examiner;

d) 2 color images of 2cmx3cm.

4. The Directorate General of Police, Anti-Crime, Provincial Security revoked the criminal engineering examiner ' s criminal engineering card of the exempt criminal engineering examiner on the 15-day period since the day of the decision to exempt the dismissal of the effective criminal engineering. Go.

What? 9. Effect of execution

It has been in effect since 22 September 2014.

What? 10. The transition clause

1. For the criminal engineering bishops who have been appointed prior to this date of this April, it is effective that the academic profession has not been consistent with an ongoing or unattended academic degree in terms of regulation at paragraph 3. This article 4 is continued to perform (without reappointment or dismissal) but in the five-year period since this date, it is required to study to ensure the standard of criminal engineering.

2. For those with sufficient standards of criminal engineering supervision by the provisions of the Judicial Regulation Law of 2012 and this Smart, have been appointed the criminal engineering examiner before this date of the Act to take effect that in the decision was made. The appointment is not specified in accordance with the provisions of Article 3 Article 4 of which must be reappointed to the appropriate technical specifications.

What? 11.

1. The chief ministers, the Deputy Head of the Ministry of Public Security; Director of Public Security, Police Department of Fire and Healing Department, the Central City of Central and the Head of the Agency, the relevant unit within the functional range, the duty of which is responsible. This is the organization.

2. The Directorate General of the Police Department, anti-criminal charges in coordination with the relevant units of monitoring, inspection, guide the implementation of this Information.

3. During the course of the exercise if there is an entangriation, the Public Security of Units, localities and agencies, organizations, individuals are concerned with the opinion of the Ministry of Public Security (through the Directorate General of Police, Anti-Crime) in order to have a timely direction.

Minister.

(signed)

The General of the Sword