Circular 13/2012/ttlt-Tandtc-Vksndtc-Btp-Bca: Guide The Implementation Of Some Provisions Of The Code Of Criminal Procedure And The Law On Enforcement Of Criminal Convictions On Indictment

Original Language Title: Thông tư liên tịch 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC: Hướng dẫn thi hành một số quy định của Bộ luật Tố tụng hình sự và Luật Thi hành án hình sự về truy nã

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THE FRANCO-PRUSSIAN MINISTRY OF JUSTICE AND THE CITIZENS OF THE SUPREME COURT OF THE SUPREME COURT OF THE PEOPLE OF THE SUPREME COURT
Number: 13 /2012/TTLT-BCA-BTP-VKSNDTC-TANDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 9, 2012

FEDERAL INFORMATION

Oh. I ' m going to run some of the rules. Criminal Code and

L Oh, I The most wanted criminal action.

________________________

Fuck! Okay. the right and unified implementation of the qs U The law of the Criminal Code of Justice in 2003 and the Law. I Oh. i 2010 criminal execution of the investigation in the investigation phase. Stain. , trial and th. i Criminal justice, Ministry of Justice, Ministry of Justice, Institute of Koki Okay. Kill the people. Stain. High, T Let's People of the people. Stain. High issued for d-direction information There. n execs a Stain. regulation of the Criminal Procedal Code and the Law of Th i Most wanted criminal execution. Oh,

Chapter I

GENERAL PROBLEMS

What? 1. The adjustment range

This information guidelines apply to a number of provisions of the Criminal Procedal Code and the Criminal Criminal Execution Law Enforcement Act in the period of investigation, prosecution, trial, and execution.

What? 2. The Most Wanted Object

1. Defendant, accused of escaping or not knowing where he is.

2. The man who was convicted of deportation, who accepted the deportation penalty for exile.

3. The man convicted of a prison sentence.

4. The man sentenced to death.

5. The person who is accepting a prison sentence, who is suspended for the sentence of imprisonment, who is adjourn to the fugitive court.

What? 3. The Most Wanted Principles

1. The pursuit must be swift, timely and right of the right person, on the right offense, ensuring respect for the freedom, democracy of the citizens according to the rule of law.

2. It is forbidden to decide against the provisions of the law and the instructions of this information.

What? 4.

1. The authorities have the authority to make the most wanted decisions when the following conditions are available:

a) There are enough grounds that identify the specified object at Article 2 of this Private Information who has fled or is not aware of where and has conducted verification, retrieval, but no results;

b) It has been determined exactly the calendar, the features to identify the fugitive object.

2. When there is enough grounds to determine the defendant, the defendant fled or does not know where he was before the Agency. Okay. I'm sorry, Detective. Okay. Look, the court ordered it. It's Defendant, defendant for detention without getting caught, the Agency investigs itself or in love with it. And The Κing. Okay. Look, the courts are out. What? Wanted; the case has not been ordered It's t the defendant; the defendant. Okay. Detention, the Agency. Okay. I'm sorry, Detective. Okay. No, no, no, no, no, no. It's The defendant, the defendant. Okay. Detention, detention agency. Okay. I ' m going to go to the hospital. Okay. The Court is on the right track.

What? 5. The Most Wanted Content

1. The wanted decision must have the following main content:

a) The date, month, year, the site of the wanted decision;

b) The name of the organ, the name of the most wanted man,

c) They and their birth names, different names. () If you do, the day, month, year of birth, permanent registration, shelter or other residence. () n What? Tumor Boob ) of the Stain. A wanted statue.

d) Identification and image characteristics (if any);

Charges of being prosecuted, prosecuted or convicted, the penalty level that the Court has given to the most wanted (if any);

e) The address, the number of phone contacts of the agency has decided to be wanted.

2. In the case of the defendant, accused of multiple charges, the most wanted to write. And All the charges of the defendant, the accused.

What? 6. Send, announce the wanted decision

1. The wanted decision must be sent to:

a) The commune, the ward, the town, the Public Safety District where the registration is permanent, temporary, shelter and home of the wanted man;

b) Provincial security where the wanted man is capable of hiding or sending What? n n All All the provinces, the city walls. Stain. It is the Central Committee.

c) The Police Department is wanted by the Department of Public Security. All p. (where the rules are What? A wanted list. ()

d) Business Profile Agency () where to register a career profile);

e) The Institute of People's Asylum Requires a wanted decision; the Institute of People's Corrects, and the Agency for the Prosecution Decision, are wanted; the Institute of the Κing. Okay. The people of the provincial population where there is a detention facility, detention facility, criminal law enforcement agency. What? A wanted man.

f) The People's Court has asked the Agency to investigate the wanted decision.

2. The wanted decision is informed on the mass media to all agencies, organizations, individuals who know, detect, b, and more. It's T holds the most wanted object.

Chapter II

INVESTIGATION DURING INVESTIGATION, PROSECUTION, TRIAL, EXECUTION.

What? 7. Wanted during the investigation phase

1. In the investigation phase if you determine whether or not you have been tried to escape or don't know where the body is, the Agency. Okay. The case is in the case of the case. What? A wanted and a sec. Stain. I mean, it's a criminal case. Okay. t socket query b It's t.

2. The case of the person who is being held or is in custody of the temporary home, the Chief Minister reports to the Chief of Police. Okay. Police Security. All p in the district Stain. It's an image. Stain. Fuck. Okay. Chief Minister of Police. Okay. I'm sorry, Detective. socket query force It's I'm Oh. Scale. What? Set to start Stain. The case, the start. Stain. It's an Okay. " Crime. Stain. n from detention, keep "prescribed" Okay. u 311 Penal Code and set out What? Wanted to be wanted. (in rules) What? A wanted list of other crimes that the person has been set off. Stain. ).

3. In case you're in custody, detention for a detention facility, and a detention facility. socket The force is on the ground. It's I'm Oh. Inform the Agency now. Okay. The tumor is in the process. Okay. Go. What? Set to start Stain. The case, the prosecution was involved in "the fugitive from detention, held" by regulation at Article 311 Criminal Code and ordered. What? Want to be wanted (in rules) What? A wanted list of other crimes that the person has been initiated. Pup ).

What? 8. Wanted during the prosecution stage

1. In the prosecution phase if the defendant is found to be escaped, the Institute of Examination is in the case of a document whose text requires the investigation of the investigation into the case of the case.

2. If the statute of limitations expires at 1 Article 166, the Code of Criminal Procedor is a criminal case. Stain. i have no k What? Well, it's all right. Don't Wanted to inform you. What? A wanted for the Κing. Okay. I'm trying to kill you. What? I'm Okay. We have a base. What? T Move. Power. N What? You haven't caught the most wanted man yet. What? the case is resolved as follows:

a) School. The escaped interference does not affect the identification of the objective truth, the whole of the case, the Institute of Control separates the case and out. decision to suspend the case against the defendant, the other defendants in the case proceed with prosecution under the rule of law;

b) School. p is being tried to escape, which affects the identification of the objective truth, the whole of the case, the Institute of the Κing. Okay. You must suspend the entire case.

What? 9. Wanted during the trial period

1. The Institute for Examination Decided to prosecute the defendant and delivered the indictment to the defendant but not yet. Okay. n Oh. Case file for T Let's The way to get information about being tried to escape, the Institute of Justice. Okay. I'll kill you. Okay. n case file for T Let's Murder. Okay. processing, trial, and notification for T Let's You know, the trial has been tried to escape. Let's He asked for the investigation.

2. In the case of the recipient ' s notice of the examination of the alleged escape after having been delivered the indictment. () Case file has been transferred to T Let's -Yeah. As in the cycle stage. Move. If you've been tried to escape, T Let's The case is required by the coroner to investigate and remain in the same way as the general procedure.

If the statute of limitations expires at Article 176 of the Criminal Procedal Code where the wanted is still unconnected, T Let's the application of Article 180 of the Code of Criminal Procedinto the decision to suspend the case.

Case opened t Let's He was accused of escaping, and the Council tried to take one of them. Okay. 187 The Code of Criminal Procedal Code states the decision to suspend the case and ask for the investigation of the accused.

3. For cases being directed at 2 This Article that in the case was multiple of the defendant, the defendant, including the can, was accused of escaping, had the defendant, the accused did not flee, then T. Let's The case still decides to suspend the case against all the defendants, the accused. For the defendant, the accused is being detained not to flee, but the detention deadline is over and if the trial should continue. Okay. complete the trial. Let's The case applies to Article 177 of the Code of Criminal Procedre.

If the expiration of the trial deadline is still not available, T Let's The decision was made to take the case to trial and trial. Let's The trial was absentinated by the stipulation at the point of a paragraph 2 Article 187 of the Criminal Procedal Code.

4. When receiving T's text Let's The case is required by the accused, the accused, the Investigated Investigation Agency, and sent a notice of the right wanted by the right stipulation at Article 161 of the Criminal Procedal Code and the guidelines on Article 6 of this Article.

If the expiration date of a 1 month period, since the date of the requested announcement, the search has not yet been made, the Agency for the Most Wanted. Let's I know. Okay. I Let's The decision is to take the case to trial. Okay. 187 Criminal Code Code.

5. In the case of the Court, the Court was asked to investigate, when the court's verdict was in effect, the Court did not require the Agency to proceed with the new wanted decision.

What? 10. Wanted in the execution phase

1. The man convicted of a prison sentence is on bail, when the decision to sentence but escape is T Let's The case is gone. y The law enforcement plan requires the body to enforce the Provincial Security Service where the condemned man is sentenced to death.

2. The man who ran out of time was adjourn for prison sentence, after T Let's The trial was decided on trial, but this one ran away. Let's There's a text in love. And Justice for the Criminal Court of the United States All p up where the man is adjourn All The prison sentence is a fugitive.

3. The man who ran out of jail time only accepted the prison sentence, after T Let's The trial was decided on trial, but this one ran away. Let's There is a document requiring the body to enforce the Provincial Security Criminal Justice Department where the person is suspended for a prison sentence.

4. The man who is serving a prison sentence in detention, the fugitive detention facility, the warden of the prison, the Russian organizing camp. y The force is under arrest. In time of 24 g Since the discovery of the person who is accepting the fugitive prison sentence in which the arrest has no results, the warden's custody, the Department of Public Security Council, the head of the Department of Public Security. (if Stain. n Camp. I'm sorry, sir. I'm going to be a fugitive and a search for the pursuit.

5. The man who was sentenced to death while awaiting trial for the execution of a detention facility, the warden of the prison shall be held immediately. During the 24-hour period Okay. Since the discovery of the man convicted of the execution of the death penalty, the arrest of the Department of Public Security, the Chief Minister of the Department of Public Security. () If you run away from the Provincial Security Council, you decide to be wanted and to cooperate. socket The arrest.

6. The man who is serving a prison sentence in the custody of the fugitive, What? The public office of the Public Security Council. socket Russian y The force is under arrest. During the 24-hour period Okay. Since the discovery of the fugitive prison sentence, the prosecution has no results, the Chief Justice of the Criminal Justice Department has the Office of the Office of the Chief Justice of the Department of Public Affairs of the Department of Public Affairs.

7. School. The person convicted of deportation, who accepted the fugitive deportation case, after receiving the notice of the boarding facility or the designated boarding place, the Provincial Public Security Service Enforcement Enforcement Agency must hold the arrest immediately; the arrest case has no results. If you don't want to, you'll have to decide on the 07 day.

What? 11. The case of the intervention, the defendant who fled the new crime or the process of investigating the other offense of the defendant, was accused.

1. In the case of a man who is wanted in the process of running a new crime and being arrested, the new case of the investigation of the new case of inquiry into the investigative agency has decided to make a decision to make a decision to make a decision and deal with it. p is investigating the rules of the law.

2. In case he is wanted in the process of fleeing a new crime and continuing to flee, the new criminal investigation agency decides to prosecute the case, prosecute the defendant, and decides to be charged with new charges and written notice to the Agency. The coroner made the first wanted test to coordinate his arrest.

3. School. The defendant, the defendant, has been accused of the fugitive and has decided to pursue a warrant, but then the agency conducts a warrant for the authority to determine if the accused is found guilty, accused of being accused of being guilty, in which case the Agency investigated the procedure to make decisions. It's a crime to find out.

What? 12. Split, suspend, reinstate investigation of the case in case of a wanted man.

1. For the case with multiple dismay, including the wanted can before the end of the investigation, the Agency investigated the decision to separate the case-related case involving the behavior of the alleged fugitive. (if that separation does not affect the What? n the identification of the objective truth and the holdout of the case, When the time is over, the investigation is over. y A provisional suspension of the case is linked to the behavior of the escaped interference and the decision to suspend the investigation into the alleged attack. The other is. to Case bees are still under investigation, recommend prosecution.

2. When the arrest of the fugitive is wanted, the Investigated Agency makes a decision to make a wanted decision and decide to reinstate the investigation, reinstate the investigation under regulation at Article 165 of the Criminal Procedal Code.

Chapter III

THE PROBLEMS THAT NEED TO TAKE WHEN YOU CATCH OR TAKE ON THE MOST WANTED PERSON

What? 13. Processing when catching or receiving the person arrested according to the wanted decision

1. After capture or take on the person who is arrested according to the wanted decision () Even the case of a man wanted to surrender, the coroner has arrested or accepted the man who was wanted for the arrest of the man who was arrested. (catalog, index, capture of the captured person) and sent immediately (with a catalog, index, photo captured). For the agency, the agency decided to pick up the man who was arrested.

2. The case found that the wanted decision could not be admitted to the person who was arrested, the Census Authority arrested or received the person who was taken to the custody decision, and sent it immediately to the hospital for the same level. N What? The agency has decided that the wanted man has not yet come to the person who was arrested, the delay before the expiration of the 12-hour period. g Under arrest, under the right hand Okay. n the file is accompanied by the Κing Convention. Okay. He also provides a temporary degree of arrest against the arrested. The deadline for the extension and the review of a temporary extension of the hold is carried out by regulation at paragraph 2 Article 87 of the Criminal Procedal Code.

3. After receiving the attached message, the index photo, the person who was arrested, the agency decided to be wanted to check immediately to identify the person. g Wanted or not; if the right is correct, you must immediately accept the arrest; if it is not right, the investigative agency is holding the person who is caught and resolved according to the law. Unth case Okay. It comes to the arrest of the man who is arrested, and the agency has made a warrant for the arrest warrant to arrest the arrest warrant and submit a warrant issued by the arrest warrant for the Institute for Examination at the same level for approval.

For the duration of no more than 24 hours since receiving the offer of approval Move. n, Institute of ki Okay. I'm in charge of critical care. Move. The arrest warrant. Stain. i with schools A wanted warrant for the decision to make the decision to be wanted in time to submit an arrest warrant issued by an approval decision to the Investigative Agency arrested or received the arrested person. When you get a warrant, you're in the academy. Okay. As a result, the coroner's arrest or the arrest warrant for the arrest warrant is required to send an arrest warrant attached to the arrest warrant. Move. n of the Institute of ki Okay. You kill the detention facility, the temporary shelter of the arrest.

4. School. The man who has been arrested by the law enforcement agency or the detention facility, the detention facility, before the expiration of the 12-hour detention period, which the agency has decided is still unable to accept the arrest. The law, q Sentenced to prison sentences, the decision to enforce the deportation penalty for the Investigative Agency captured or received the captives. (if far away, Fax the above text then sends it immediately) Fuck. Okay. do the base of detention, hold or put it into a storage facility (for the execution penalty case).

5. The authorities have the authority to make a decision on the request of the Κing. Okay. Kill or T Let's The sentence is in the 24-hour deadline since receiving a written notice of having caught the most wanted person, the Institute of Examination or T. Let's The case has been ordered to arrest the detention facility and send it to the Agency. Okay. No, no, no, no, no. (if far away, Fax preorders first, then send it immediately.) I'm ), And then informed the agency that the authorities have been informed of the arrest warrant.

6. Before the expiration of the 24-hour period () You know, including the deadline extension. The detention facility, the parole officer still does not receive a warrant from the Agency for a warrant or a warrant for the inspection, T Let's The arrest warrant, the detention facility, the authorities inform the Agency for the arrest or reception of the wanted man. Shortly after receiving the announcement of the detention facility, the custody, the Census Authority, which arrested or took on the recipient of the wanted text, the agency ordered the arrest warrant for the arrest.

7. In case a person has many wanted decisions, when the agency ' s arrest decision is taken, the agency. q An investigator has arrested or taken on the person who was wanted to inform the agency to receive the arrest. The agency ' s body was arrested to inform the agencies that decided to pursue the tragedy. What? I'm Okay. The decision is made and coordinated by law.

8. When the person is caught on a wanted warrant for the agency, q An investigation has taken or taken on the person who is forced to hand over the following file: The Chronicle of Arrest Warrants, the receipt of the arrest affidavit, the decision to hold, the decision to renew the arrest, the detention order, the decision to approve. Move. n command, noun, index, and other documents related (if any). When the table is set to be specified by regulation.

9. When the wanted object is to be held overnight, the officer leads the paperwork and proposes to the arrest object at the detention facility, the detention facility. g First. Head of the temporary detention facility, which is responsible for checking the case regarding the most wanted object, as well as a search for the most wanted object.

What? 14. The application of deterred and procedure of settlement when arresting people is wanted for less severe crimes.

When arrested or receiving the defendant, the defendant is wanted on a misdemeanor charge that the Penal Code rules the sentence of imprisonment from 2 years or more, the Agency of inquiry has arrested or received the person who was taken to the custody decision. When the expiration of the statute or extension deadline, the Case Receptors Inquiry must apply the other deterred by the provisions of the Criminal Procedal Code.

What? 15. The application of deterred when arrested, juvenile is wanted.

1. The most wanted person aged 14 to under 16 or from age 16 to under 18. socket I do. Okay. Suspended, suspended if there are sufficient regulatory bases at the 82nd, 86, 88, 120 and 303 Criminal Procedal Code.

2. In the case of a convicted juvenile pursuit, they have been minors (aged 18 or older) who can apply the measure of detention, pending detention of the Code of Criminal Code as to the person who died. A teenager.

What? 16. The man who is wanted is a beast.

1. When people are wanted to surrender, state agencies, social organizations inform the nearest public office to send people to take over and make a statement about the man being wanted to surrender. Case of the wanted man to surrender at the Public Security Agency, the Institute of Examination or Brew The people of the department, the agencies, they have to compile about the fact that the man is wanted to surrender and the person to the authorities to the authorities.

2. When the man is wanted to surrender, the coroner has to compile a report about the man being wanted. (if the table is not compiled) and took testimony about the offense, the process of hiding, the reasons for the surrender and the other matters involved.

3. The person who committed the wanted charge is considered a mitigable state by regulation at 2 Articles 46 Penal Code.

4. The man who decided to enforce the fugitive prison sentence was wanted to surrender, but he was in the hospital. Okay. Poverty. (c) Boob the conclusion of the Provincial Hospital Medical Board to come forward), Pregnant women. (confirmed by the Arrondissement General Hospital), who is raising the baby under 36 months or the only worker in the family (s) confirmed by the local government. Please. g) If you have to accept a prison sentence, then the family will be in a particularly difficult situation, and the Court may be able to suspend the sentence of imprisonment under regulation at Article 61 of the Penal Code.

Chapter IV

EXECUTION CLAUSE

What? 17.

It has been in effect since December 1, 2012.

The Ministry of Public Security, the Ministry of Justice, the Supreme People ' s Control Institute and T Let's The Supreme People's Guide to the United States Office of Criminal Procedal Code and the Criminal Justice Act of Criminal Justice with the provisions of the Act repel.

What? 18. Organization Do

The Ministry of Public Security, the Ministry of Justice, the Supreme People 's Audit Institute, the Supreme People' s Court has a common responsibility, guidelines, and monitors and checks on the implementation of this Information.

During the execution if there is an entanging, units, local reports of the Ministry of Public Security, Ministry of Justice, Institute ki Okay. The Supreme People, T Let's The Supreme People's Guide to a timely guidance.

KT. Minister of Justice.
Chief.

KT. Minister of the Ministry of Public Security
Chief.

(signed)

(signed)

The Emperor.

General Fan Ji

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

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

(signed)

(signed)

To Light

Chen Zhen