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Circular 13/2013/ttlt-Bca-Tandtc-Vksndtc-Bqp: Guidelines For Implementation Of Some Provisions Of The Code Of Criminal Proceedings In 2003 On The Protection Of Life, Health, Property Of The Visual Element T

Original Language Title: Thông tư liên tịch 13/2013/TTLT-BCA-BQP-VKSNDTC-TANDTC: Hướng dẫn thực hiện một số quy định của Bộ luật Tố tụng hình sự năm 2003 về bảo vệ tính mạng, sức khỏe, tài sản của người tố giác t

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THE MINISTRY OF STATE-MINISTRY OF STATE-OF-THE-INSTITUTE OF THE SUPREME COURT OF THE PEOPLE OF THE SUPREME COURT OF THE SUPREME PEOPLE
Number: 13 /2013/TTLT-BCA-BQP-VKSNDTC-TANDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 26, 2013

FEDERAL INFORMATION

Oh. We ' re going to do some of the rules. B The rules I Praise the image.

2003 on the protection of life, health, property of criminal whistled,

Witnesses, people who are harmed, and their loved ones.

In criminal proceedings.

______________

Fuck! Okay. There are rules in Article 7, paragraph 3 Article 55, paragraph 3. Okay. u 103 and Article 211 T Code Stain. Criminal justice in 2003, Minister of Public Security, Minister of Defense, Institute of Defense chief The Institute of Human Control. Yes. Supreme Chief, Chief Justice. Let's The Supreme People 's Supreme People' s Board of Guidelines Implementing Certain Provisions of the T Code. Stain. This is a 2003 criminal record of life protection. Here. And the property of the Stain. The crime, the witnesses, the wounded, and their loved ones in the criminal proceedings.

What? 1. The tuning range and subject apply

1. This information guides the implementation of several provisions of the 2003 Code of Criminal Procedre for the protection of life, health, property of the criminal whistled, the witness, the harm, and their loved ones in criminal proceedings.

2. This information applies to agencies conducting litigation; agencies, organizations, individuals are involved in the protection of life, health, property of the criminal whiston, the witness, the harm, and their loved ones in the proceedings, according to the report. A criminal.

What? 2. Subject Protection.

1. The criminal whistled, the witness, who is harmed by the rule of criminal proceedings.

2. The relatives of the criminal whistled, the witness, who is harmed, including: Wife, husband, child, child, father, father, mother, father, mother, mother, mother (father, father, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, mother, wife, mother, mother, wife, mother, mother, who is harmed by the rule of criminal justice.

The subjects stipulated at 1 and 2 of these, the following are the one being protected.

What? 3. Ph Yes. Vi Protection.

1. The protection of the authorities with the authority to protect safety, health and property when based on whether they have been or will be compromised on the lives, health, property due to the criminal whistled, the witness, the harm provided by the police. The evidence, the evidence, the information, the document is directly related to the criminal act, the offender in the case, the criminal case. The base of which has been or will be compromised is understood to have been compromised or there is a threat of aggression at a significant level of danger or base on the dangerous nature of the type of crime and the critical role of the witness, the criminal whistled, the man. In criminal proceedings requires protection to ensure the safety of the protection and request for investigation, prosecution, trial.

2. The application of safeguards carried out during which time the base of whether or will be compromised is real and not limited to time (in the process of solving the news, criminal proceedings, investigations, prosecution, criminal case trial, and criminal justice). Or when the verdict was legal.

3. The case with the base of whether or will be compromised for other reasons is not due to their provision of evidence, evidence, information, documents that are directly related to the offence, the offender in criminal proceedings is not in the scope of the crime. Security in this.

What? 4. The right of the protected

1. The body that conducts proceedings, solving the news, the criminal whistled, the criminal case of the right to be protected, is required to apply for protection, health, and property protection measures when the base is or will be invaded. Oh,

The request must be expressed in writing. In the event of an emergency, it is possible to request directly by word or via contact information, but then must be expressed in writing.

2. Known for its protection measures and the right to offer changes, suppleming protection if there is a realistic basis indicating that previous protection does not guarantee the safety of their lives, health and property.

3. Being compensated in the event of property damage; subsidizated in cases of loss of life, health by law.

4. For the case of the protected person being cadres, civil officials, workers, officials, who are working in economic, political, cultural, social, other social; officers, corporal officers, workers, officials, soldiers of Public Security; officers, corporal officials, and others. Professional soldiers, workers, defense officials, petty officers, soldiers, soldiers and soldiers, not being transferred, demoted, lowered wages, bonuses ... for reasons absent from the time of the agency, who carried out proceedings against the measures. Guard.

What? 5. Okay. Protection.

1. Accept of corrects the requirements of the agency responsible for the protection of travel, living, living, working, learning, communication, meeting and other activities.

2. Not to disclose information about where to stay, where to work, learn, change in identity or other protective measures for others to know, including relatives who have not yet been given the consent of the protective agency.

3. Information in the time of the incident, the unusual situation that happens to be questioned or is related to the protective operation of the protective agency.

4. In any case if the defender does not accept the prescribed obligations at the 1, 2, 3 of this Article which is compromised is liable for his life, health and property.

What? 6. Protection measures

1. Forces positions, vehicles; conduct of career measures; use of weapons, support tools, transport tools, communications to guard, protect (at trial, workplace, workplace, school of protection, on social media), in the United States. traffic and other necessary places.)

2. Limit travel coverage, communication, meeting, working, learning of the protected person for a certain period of time when the level of attack or harm of crime to the person is protected at a high risk.

3. Keep a secret of the provision of evidence, evidence, documents that are directly related to the offence, the offender of the protected person when they ask or to see they may be in danger due to the provision of evidence, the evidence, that document. Depending on the specific case, prior to the trial of the trial, the judge presiding over the trial required consensus with the responsibility of the defense of the application of the forms to ensure the protection of the protected person, such as the prohibition of recording, recording, and photograph. at the trial; not to publish the name, the background of the protected person; the way the quarantine is protected and the implementation of the protection against the protected ... For the healer, when contacted, the study of letter densities, testimony or other documents in the case file with regard to the person who is being applied the protections must commit to secrecy in writing and being held accountable to the law. The rules of commitment.

4. Move, keep a secret place in, work, study for the protected person:

a) In the case of necessity, it is possible to move the protected person out of the shelter, where to work, to study and to be able to keep their place in secret, where to work, their new learning. The travel deadline may be temporary or permanent. The range may be in the same locality or to another locality or abroad depending on the specific case and conditions, the ability to allow.

b) In case the urgency may temporarily move the protected person to the headquarters of the Public Security Service, the Army agency or other location within the scope of the administration, the protection of the Public Service, the Army agency.

5. Reating, the warning, disabling the protective behaviour of the protected person; applying deterred measures under the rule of law to prevent, timely handling of the protective behaviour of the protected person.

6. Change of course, background, personality traits, identity of the protected person.

7. Other safeguards.

Regulatory measures at 1, 2, 3, 4, 5, 7 This Article is applicable in any case where the body is responsible for the protection of the required; separate measures stipulated at 6 This must have the consent of the protected person or the person. Their legal representation.

What? 7. The agency, who has the authority to decide to apply the protection measure

1. The authority with the authority to apply protection measures includes:

a) The body of inquiry in the People's Security;

b) An investigation into the People's Army.

2. The person with the authority to make the decision to apply the protection measure includes:

a) The Prime Minister, Deputy Chief Executive Officer in the Public Security Council has the authority to make the decision to apply protection to the protected person in the cases, the criminal case due to the body ' s rationing, settlement, investigation or at the request of the Institute. The People's Court, the People's Court, and the Supreme People's Health.

b) The Prime Minister, Deputy Head of the Agency for inquiry in the Army of the People's Army has the authority to decide to apply protection to the protected person in the cases, the criminal case due to the body ' s resolve to resolve, investigate or at the request of the Institute. Military inspection, military court of the same level; recommended by the Central Military Police.

3. People's National Court of Human Examination, the People's Court, if you see the need to apply protection to the protected person, recommend that a direct investigation of the criminal case to the decision to apply the protection to them. The offer must be expressed in writing.

The investigative body of the Supreme People 's Examination Institute, the Central Military Police' s investigation body if found to apply protection measures to the protected person in the incident, the criminal case led by the body ' s body to handle the settlement, the investigation said. Then the head of the Central Committee of Military Control, the head of the Central Military Service, has a written proposal to the police officer, the Security Agency, the Security Service, the criminal investigation agency, the Security Agency. decided to apply the defense.

What? 8. Decision to apply protection

The decision to apply the protective measure must be specified by the name of the decision; the name of the body is responsible for the protection; the name, the date, month, year of birth, where the residence is protected, the time begins to carry out protective measures; the protection measures apply.

This decision was sent to the protected person, the People's Homicide Institute, the People's Court, which required the application of protection and related units to do so.

What? 9. Body I'm responsible for protecting.

The body is responsible for the protection of the Public Security Agency. The Army of the People's Army has decided to apply the defense.

The deployment of forces, vehicles, and other necessary conditions in the protection of life, health, property of the protected person; coordination relations between the body is responsible for safeguarding with the agencies, the relevant unit in the People ' s Public Security, the Army. The People's Team is appointed by the Minister of Public Security, Minister of Defense.

What? 10. The procedure, the decision procedure to apply and implement the protection measures

1. When receiving information about the requirement to protect, the protection agency must urgently collect the necessary documents, check the authenticity of the source, the base on which it has or will be compromised by the offender for the protected person, the level of accuracy. The actual danger threatens the protected person, determining the scope and subject of protection; the protection measures to ensure the safety of the protected person and the requirement for investigation, prosecution, trial. The case found no need to apply the protective measure, which must explain to the agency, who has the requirement to know and guide how to overcome with other measures.

2. In case of urgency to prevent immediate threat to life, the health and property of the protected person, the protective body must apply to the necessary safeguards such as sending the security force to the shelter, where it is made. The study of the protected or temporary human being is protected to safety.

3. Before deciding protection measures, if the test should be required to mobilize multiple forces, vehicles, measures to protect and in the case there are many complex requirements or in organized crime cases, drug offenders, transatlantic crime, and criminal charges. country, serious corruption crime, the Prime Minister, Deputy Head of the Office of Competent Inquiry in the People ' s Public Security reported on the opinion of the Director of Public Security, the central city of the central city (if locally) or General Secretary General. Police officer, anti-crime, Director General of Security II (if at the Ministry of Public Security). The special case must report to the opinions of the head of the Ministry of Public Security. For the Agency for Jurisdiction Authority in the People ' s Army, the Minister of the Military District (if the case is under the investigation by the jurisdiction of the regional criminal investigation agency or criminal investigation agency, the military investigation security agency and the future). Or the Minister of Defense (if the case is under the investigation by the criminal investigation agency, the Security Agency investigating the Ministry of Defense).

4. During the course of the implementation of the protection measures, if the new protection requirements are required to mobilize more vehicles, the security forces ... then the agency decides to apply the necessary safeguards to the defense. This decision was sent to the unit responsible for the protection of the security, and informed the security of the security.

5. When the base of the matter has been or will be compromised to the undefended, the decision to apply the defense must have a decision to end the application of written and informed protection measures to the unit agencies, the individual who is involved in the attack. Yes, you know.

What? 11. The responsibility of the agencies

1. The responsibility of the agencies to conduct proceedings:

The agencies conduct proceedings while carrying out their duties, their powers, if the recipient of the protection offer of the protected and perceived grounds of having or will be violated by the offender for the duty of the protected person to apply or propose. The authorities have the authority to make a decision to apply protection against the protected person.

2. The agency ' s responsibility for the decision to apply the protection measure:

a) The agency decided to adopt the safeguards responsible for its decision; presiding, in coordination with the agencies, relevant organizations and local authorities to organize the application of safeguards;

b) Building a protected human protection plan; create, manage, store and exploit protective records according to the secret document mode;

c) To monitor, sum up, resolve the problems that arise; the annual term sends a report to the competent authorities.

3. The responsibility of the relevant authorities in the application of the protection measures:

a) The relevant agency must seriously implement the protection requirements of the decision making the decision to apply the protection measures. If there is a problem that is difficult to arise or cannot meet the protection requirement, it must be written in a written statement to the decision agency to apply the protection measures;

b) In the event that at the same time there is a number of protection requirements, the base of its actual conditions that decides to urgently prioritive the force, the means of protection against those who are based on whether or will be compromised to the network, must first be gathered. Central to the subject of national security, drug, corruption, crime organized across the country ...;

c) Proposed the measure, the form of protection that matches the practice to achieve the best effect;

d) Often, periodically reporting the results of the protection work being assigned to the body of the protection of protection.

4. Recommend the People's Committee, organizations, unions, in coordination, to assist in the implementation of the protected safeguards.

What? 12. Don't

1. This message accompanying the following forms:

a) Decision to apply protection measures (Form BV01);

b) The decision to end the application of protection measures (Form BV02);

c) The additional decision applies the safeguards (Form BV03);

d) The decision to change the application of protection measures (Form BV04).

2. The security records include:

a) A document that shows the sources, the base of which it is or shall be violated by the protection of the defender;

b) Request to apply or change the protection of life, health, and property of the protected person;

c) The results of the verification of the invasive behavior; the damage consequences have occurred and the handling of the authority has jurisdiction;

d) The decision to apply protection;

) The additional decision to apply the protection measure (if any);

e) The document expresses the process of applying protection; the text reports to the direction of the upper level; the directing content of the person responsible for the protection; summary of the verification, search, pursuit of the object that attacked or violated the protected person;

g) The text requires the agencies, units, individuals to support, co-ordinate the implementation of the protection; document showing coordination results;

h) The document represents compensation, grants to the insured for property damage, lives, health;

i) Report results for protection measures;

l) The decision to end the defense measures;

l) The documents, other documents are relevant.

What? 13. Make sure

The Ministry of Public Security, the Ministry of Defense of the Ministry of Public Affairs, uses and determines the funding of the protection of the Security Council under the provisions of the State Budget Act and the implementation of the law.

What? 14. Terms of execution

1. This message has been in effect since 14 February 2014.

2. During the course of execution, if there is an entangrium, the unit agencies reflect on the Ministry of Public Security, the Ministry of Defense, the Supreme People 's Control Institute, the Supreme People' s Court for timely guidance.

KT. Minister of the Ministry of Public Security
Chief.

KT. SECRETARY OF DEFENSE
Chief.

(signed)

(signed)

General Lê Guan Wang

General Nguyen Cheng

KT. The Supreme Court of the People.
Deputy Chief Justice.

KT. The Supreme People ' s Institute for the Supreme People
Vice President.

(signed)

(signed)

Nguyen Son

The Emperor.