Circular 04/2013/ttlt-Bca-Tandtc-Vksndtc-Bqp: Implementation Guide Extract The Prisoner To Serve The Investigation, Prosecution, Trial

Original Language Title: Thông tư liên tịch 04/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC: Hướng dẫn thực hiện trích xuất phạm nhân để phục vụ điều tra, truy tố, xét xử

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MINISTRY OF STATE-MINISTRY-THE SUPREME COURT OF THE PEOPLE 'S SUPREME COURT, THE SUPREME PEOPLE' S GOVERNMENT
Number: 04 /2013/TTLT-BCA-BQP-TANDTC-VKSNDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 30, 2013

FEDERAL INFORMATION

Oh. It ' s a lot of people to do.

to serve the investigation, prosecute, trial

____________

To enforce the correct execution of the Criminal Court Act on the implementation of the prisoner-of-jail extract from detention, detention, the temporary house serving the investigation, prosecution, trial; the Ministry of Public Security, the Ministry of Defense, the Supreme People's Court, the Supreme People's Court. The Executive Chairman of the Guide to the Executive Committee to serve the investigation, the prosecution, the trial is as follows:

Chapter I

COMMON RULES

What? 1. The adjustment range

This interpolation guidelines for the implementation of the implementation of the practice extract of the offender out of detention, detention, detention for investigation, prosecution, trial, and detention, management of the prisoner during the period of being extracted.

What? 2. Subject applies

1. The Agency conducts proceedings, the person who conducts proceedings, the body of criminal executions, the body of criminal executions of subordination, detention, detention, detention, and organization, and persons involved in the operation of the crime.

2. The prisoner who is accepting a prison sentence at the detention facility, detention facility, the parole officer; the sentenced to the prison the sentence has taken into law enforcement, has had a decision to enforce the Court ' s execution in detention camps, the makeshift house (later known as a crime). ).

What? 3. Principles of Human Offender Extraction

1. The prisoner extract is made only when there is a written statement of the competent person; the right to be correct, in the right time in the extraction order, the provisions of the Law Enforcement Law Enforcement and Guide to the Federal Information Act. Hey.

2. The resolution, management, detention and the regimes, policies for the prisoner during the extraction period must be done in accordance with the provisions of the Criminal Law Enforcement Act, the guidelines at this Notice and the other provisions of the relevant law.

Chapter II

THE PROCEDURE FOR EXTRACTS, THE AUTHORITY TO EXTRACT THE EXTRACT,

THE PROTOCOL AND THE REGIME MANAGEMENT REGIME IS EXTRACTED.

What? 4. Send text request for extract

1. The litigation agency, who conducts proceedings under the Ministry of Public Security, the Ministry of Defense, the Supreme People ' s Control Institute when there is a request to extract the prisoner in order to serve the investigation, the prosecution said the sending of the text to extract the offender was made. After:

a) The case of a prisoner of detention, a detention facility held by the Ministry of Public Security, the Ministry of Defence has to send a written request to the Chief Minister of the Department of Public Affairs or Department of Defense;

b) The case of a prisoner-of-detention detention facility administered by the Public Security Council; the prisoner of public office. The tabernacle of the prison, the tabernacle of the prison.

c) The case of a prisoner of detention, a military detention facility, and equivalent (collectively known as a military district), is required to send a claim to the Chief of State for a criminal law enforcement officer, a detention facility.

2. The Agency, who conducts proceedings under the Supreme People ' s Court, the Central Military Tribunal when asked to extract the prisoner in order to serve an appellate trial, the judge, retrial the text asking for an extract to the public criminal execution body. Provincial security, the area of the military district, tried to issue an order to extract or suggest an extraction order.

3. The Agency, who conducts the litigation in the Public Security, the People 's Examination Institute, the Provincial People' s Court, the district when there is a request to extract the prisoner to serve the investigation, prosecution, trial, the letter sent to extract the offender to the Chief Authority. The criminal justice act of the same level where the agency asks for an extract is issued to issue an extract or offer an order to extract the prisoner.

4. The Agency, who conducts proceedings of the military district, the agency conducts the proceedings, who conducts regional proceedings when asked to extract the prisoner, send the text to the Chief Minister of the Military District Court, where the agency asks for a quote. published by the headquarters to issue an extraction order.

5. The proposed text ordering the prisoner extract has the following content:

a) The name of the agency requested to extract;

b) Their name, the year of birth, the permanent registration of the prisoner;

c) The date of the arrest, the charges, the time of imprisonment, according to the verdict, the day, the month, the year, of the Court;

d) Decision to enforce the number, day, month, year of the Court;

Where the prison is in captivity, the prison sentence;

e) The intent to extract, the time of the extract, the unit to be assigned to the resolution and where to be held after receiving the offender, who has the authority to sign the name, stamp out the proposed body of the extract.

The text recommended that a prisoner extract of the prisoner must be submitted with a written request for extract of the agency, the person who conducts the proceedings.

What? 5. The authority to issue an extract, offer to order a criminal extract

1. The chief executive officer of the criminal justice department of the Ministry of Public Security of the Ministry of Public Affairs ordered an extract to the prisoner of the detention facility, the detention facility administered by the Ministry of Public Security.

2. The head of the body of criminal law enforcement of the Department of Defense has ordered an extract to the prisoner of the detention facility, the detention facility administered by the Ministry of Defense.

3. The head of the body of the Criminal Justice criminal execution of the Provincial Public Office issued an extraction order or the offer of the extraction order as follows:

a) To the exposition of the prisoner of the detention facility, the house that is administered by the local government;

b) Offer the Chief of the body to administer the criminal execution of the Ministry of Public Security or the Ministry of Defense to extract the extract on the prisoner of detention, the detention facility issued by the Ministry of Public Security, the Ministry of Defence;

c) Offer the Chief Minister to enforce the criminal justice of the local provincial state of the province differently issued a citation for the prisoner who is in custody at the detention facility, the temporary home of the Public Security Council;

d) Offer the Chief of the body to conduct a military-level criminal execution of an extraction order for a prisoner of detention, a detention facility administered by the Military District.

4. The head of the body of law enforcement of the rank of military district issued an extraction order or the offer of the extraction order as follows:

a) The order is issued to the prisoner of detention, the detention facility, administered by the rank of ward of the ward;

b) Offer the Chief of the body to administer the criminal execution of the Ministry of Public Security or the Ministry of Defense to extract the extract on the prisoner of detention, the detention facility issued by the Ministry of Public Security, the Ministry of Defence;

c) Offer the Chief Minister to enforce the criminal justice of the Provincial Public Security Command to extract a citation for the prisoner of the detention facility, the temporary home of the local public administration;

) Ask the Chief Minister to enforce the criminal court of the other district issuing an order to extract from the prisoner of detention, the detention facility administered by that district.

What? 6. The duration of the extract, the extension of the offense

1. The litigation agency, who conducts the grounds of the base on the request for investigation, prosecution, trial to recommend the deadline of the extract, renew the extract. The time of the extraction period, the deadline for the period to be extended, was not too long to accept the remaining prison sentence of the prison being extracted.

The time of the extraction period, the deadline for the quotation of the extract was calculated at the time of the prison sentence, except for the case of the offender who fled the detention during the time being extracted.

2. The case expires, but the review needs to renew the extract, which is at least 07 (seven) days before the expiration of the expat period, the extracted offender agency must submit a request to renew the extract to the agency that ordered the extract to be issued. the extract. The text asking for the extension of the prisoner extract must specify the reason for the extension, the extension of the extract.

3. During the time of 3 (three) days of work since the date of receiving a written request, the request for the extension of the offender, the authorities with the authority to order a citation, ordered a quotation of the extract. The extraction order, an order to renew the extract must be sent to the site of the intersection, where the offender is extracted and the body of the criminal execution of the Department of Public Security, the Ministry of Defense to monitor.

4. The case in the period of extracts that the Court has the authority to cancel the sentence or decision of the Court has taken effect on law to investigate or retrial on the cited prisoner, the agency ' s body to receive a public extract does not offer a renewed offer. Extracts that carry out the detention regime, the management of the offender is extracted in accordance with the laws of the law on the defendant, defendant, and the imprisoned, suspended. When the Court tried to retrial, the person was sentenced to prison sentences and after the decision to execute a prison sentence, the body of the defendant was cited for the procedure to proceed with the procedure of committing a prison sentence to be sentenced to trial under the provisions of Article 22 Law Enforcement. Criminal execution.

What? 7. Return to the extracted offender

Over the expiration of the record in the extraction order, the order to renew the extract or during the extraction deadline, the deadline for the extension of the extract but no longer the need for extracts, the body receiving the offender is extracted as follows:

1. To inform the Agency for the Criminal Justice Administration of the Ministry of Public Security, the Ministry of Defense, the Provincial Security Service Enforcement Enforcement Agency, the regional army issued an order to extract the prisoner and the resolution, the offender ' s desk was extracted with the relevant document. For the detention, the detention facility, the criminal execution body of the District Public Safety Authority, which had committed the crime prior to the extract.

2. The case of a crime was extracted for trial by a different sentence, when the sentence was legally valid, was given a prison sentence and a decision to execute the execution, the body that received the extract of the extract must send a notice to the governing body. The criminal case of the Ministry of Public Security, the Department of Defense, the body of the Provincial Security Council, the military district, ordered to extract the prisoner and the resolution, and the prisoner ' s desk was extracted and related to the detention facility, the detention facility, the body body. The criminal justice of the district office has committed a crime prior to extracts.

3. The case of a prisoner is extracted from the detention facility, the parole officer, after a trial by another non-subject of the subject serving the detention, which is held in accordance with the provisions at paragraph 2 Article 171 The criminal baggage law enforcement agency. You have to send a report to the body of a criminal law enforcement agency, the Department of Defense, to make a decision to take the prisoner to the prison detention facility. The agency received a notice to inform the agency that had committed the crime of bringing the prisoner to the prison detention facility.

4. During the period 05 (year) day of work since the expiration date of the expiration date, the deadline for the extension of the extract, but the agency that delivered the extracted offender does not receive a prisoner or not received an order to renew the extract or receive no information. The prisoner who had moved to another place accepted the law, the agency has committed a criminal record to send a message to the agency that has taken the prisoner and the agency has ordered an extract to offer a return to the offender or to send an order to renew the extract.

What? 8. Level certificates issued a prison sentence for the prisoner extracted from prison.

1. Two months before the inmate was extracted over the expiration of the prison sentence (the sentence that the inmate is accepting), the detention facility, the Department of Public Security, the Department of Defense or the body of the provincial security criminal execution body, the criminal execution body. The military level of the public sector is sent to announce the prisoner's day's death sentence under the provisions of Article 40 of the Criminal Law Enforcement Act. On the last day of the time of the prison sentence, detention, detention of the Ministry of Public Security, the Ministry of Defense, or the body of the Provincial Public Security Service, the body of the criminal execution of the district office where the offender was extracted must be issued. The certificate of imprisonment for the person is extracted and informed the body of the recipient of the extracted, the relevant agency. The recipient of the recognized recipient is responsible for the immediate release of the person under the provisions of Article 40 of the criminal execution law.

2. The case of a reported crime is being held in custody for investigation, prosecution, trial of other crimes, which deadlines the prison sentence expired, the detention facility, the Department of Public Security, the Ministry of Defense, or the body of criminal justice criminal execution. The provincial office, the body of a military-level criminal law enforcement agency, was cited as a prisoner-of-jail cell, and sent to the agency that ordered the extract, where the offender and the authorities have been ordered at 6 Article 40 of the Law. Criminal execution. After the new sentence comes into law enforcement and the decision to enforce the execution, the body receives and is administing the offender to be cited not to deliver that prisoner to the agency that has committed the proposed prisoner, but must proceed with the procedure of nomining the body of the exam. The defense of the Ministry of Public Security, the Ministry of Defense, decided to take the prisoner to the court.

What? 9. The procedure of communication, prisoner pressure is extracted.

1. After receiving an order to extract the offender, the body was given a dissection of the publicly charged recipient with a staff of referrers, they're either a civilian or an investigator card, a certificate of officer, corporal officer (for cadres, soldiers of the Ministry of Defense) the room) accompanied by an extraction order to receive and displace the prisoner; the case of the extraction order sent via the primary line then the order must be confirmed (signed, stamped) of the Chief Minister of the body receiving the text through the weak road.

2. Monitor the detention facility, detention facility, Chief Executive Officer of the District Public Security Criminal Court responsible for examination, a receipt of the delivery, receiving, tracking of the following and the transaction of the personnel with money, the property of the archives (if any) for the receiving agency, the pressure solved, the management of the offender was extracted.

3. The case of a prisoner named in the extraction order due to severe illness, evasion, death, suspended execution of the court, has moved to another place or has been paid free by the authorities ' decision and failed to perform the delivery, taking the prisoner. The order to extract, the unit carrying out the extract must be notified immediately by the document for the request of the extract, the proposed body ordered the extract and the body to extract the extract.

4. When the offender ' s desk is extracted for the detention, the detention facility, the district office enforcement agency to continue to approve the prison sentence must have a report of the results of the intranet, the detention of the detention facility, the detention house and related documents. I mean, it's time to extract.

5. The reception of the prisoner was extracted to the detention facility, the detention facility, the temporary house to continue to accept the execution made under the stipulation at Article 26 Criminal Court Law Enforcement Act.

What? 10. The detention regime, the manager for the prisoner extracted.

The detention regime, the management of the extracted offender executed by the regulation of the Criminal Court Act; cases of the alleged crime are the defendant, accused in the case of being investigated, prosecuted, tried, the detention regime, administered by the law. Now, in accordance with the provisions of the law of detention, detention.

Chapter III

THE ORGANIZATION.

What? 11. Effect of execution

This federation has been in effect since 15 July 2013.

The previous guidelines of the Ministry of Public Security, the Ministry of Defense, the Supreme People 's Court and the Supreme People' s Institute for the Extraction of the Left prisoner with this Federal Information were abolished.

What? 12.

The agencies, organizations, individuals with the responsibility of the Ministry of Public Security, Ministry of Defense, People's Court, Military Court, the People's Examination Institute, the Military Police Department, are responsible for the implementation and organization of the Company.

In the course of the course of the Contracting Process, if there is an entangrium, the agencies, the unit report on the Ministry of Public Security, the Ministry of Defense, the Supreme People 's Court, the Supreme People' s Control Institute for a 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 People ' s Institute for the Supreme People
Vice Minister.

KT. The Supreme Court of the People.
Vice Chief of Staff.

(signed)

(signed)

Nguyen Hai Phong

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