Circular 58/2011/tt-Bca: Rules On Prohibited Items Brought Into The Detention And Seizure, Treat Items Banned

Original Language Title: Thông tư 58/2011/TT-BCA: Quy định về đồ vật cấm đưa vào trại giam và việc thu giữ, xử lý đồ vật cấm

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Pursuant to the law the criminal enforcement in 2010;

Pursuant to Decree No. 77/2009/ND-CP on September 15th, 2009 by government regulations on functions, tasks, powers and organizational structure of the Ministry of public security;

After the Exchange with the Ministry of finance, the Ministry of public security regulations on prohibited items brought into the detention and seizure, handle prohibited items as follows: article 1. Scope this regulation circulars about items prohibited taken into detention, detention, detention homes (things prohibited) and the capturing, processing the object.

Article 2. The object that applies to this circular apply to prisons, detention camps, the custody of public security of the people (known collectively as the detention camp), the prisoner is imprisonment sentence in Executive detention camps and the individuals, organizations involved in capturing, processing the object.

Article 3. Items prohibited 1. The weapons and explosives: warfare types; the kind of rudimentary weapons, hunting, sports weapon and other weapons that feature, the same effect; grenades, mines and explosives.

2. Support Tools: shotguns used to fire rubber bullets, plastic bullets, tear gas,, poison, poison, from the field, la-de, flares and ammunition for this weapon; the spray, media type, poison, poison, causing itching; the type of smoke grenades, grenades, explosive results; the type of electric batons, rubber batons, batons, metal tables Wire barbed nails, Chong, armor, power gloves, gloves, knives, Bulletproof helmet catch and other types of supported tools.

3. Poison, toxic substances, flammable or incendiary substances, radioactive substances, toxic chemicals, pharmacy.

4. drug substances and medicine containing addictive ingredient.

5. Alcohol and other stimulants.

6. metal utensils and other objects such as belts, wire, String, map made of porcelain, stone, glass, water, sharp objects and the objects can be used.

7. Vietnam, Money Exchange, certificate reviews, gold, silver, gems, precious metals.

8. other papers such as: ID, passport, household, occupational certificate, diploma, certificate and certification documents.

9. Types of technical equipment, electronics: recorder, recording, MP3, telephone, radio.

10. Types of publications: books, newspapers in foreign languages, publications on religion, uncensored beliefs; paintings, photographs, films, tapes, discs with superstition, reactionary, depraved; the types of gambling and other types of books, newspapers and publications bad influence to the management, education.

11. other objects that can cause loss of secure detention, causing harm to themselves and others prisoner, adverse environmental hygiene or for use in the the purpose of gambling.

Article 4. Capturing, preserving the forbidden items 1. When the prisoner put things forbidden on detention, officers have the responsibility of the prisons must set the minutes, record the offending inmate testimony and witnesses. In the minutes to the correct number of status description, weight, type, shape, size, color and other characteristics of the object; at the same time, sealing material (for things that need sealing).

2. prohibited items have been seized must be preserved intact, containing the minutes and record books, not to loss, damage.

3. Detention, detention, detention house responsible for the layout and store managers items banned under the rules.

Article 5. Handle prohibited items 1. For acts prohibited objects into detention brought to level to handle the Criminal Correctional supervisor, oversaw detention camps or heads the police investigating the police at district level the decision to prosecute the case conducted the initial investigation activity as prescribed, then transferred to the investigating authorities competent to handle according to the provisions of the law.

2. for items forbidden to be Vietnam, money exchange, certificate reviews, gold, silver, gems, precious metals specified in paragraph 7 of article 3 of this circular shall state funds supplement seizure; the additional State funds seizure, made under the provisions of circular No. 166/2009/TT-BTC dated 18/8/2009 of the Ministry of finance about the Guide handle certain types of assets confiscated and the State property Fund to supplement established ownership of the State.

3. In the event of signs of suspected banned items is toxic, radioactive substances, drugs or money to Vietnam, foreign exchange, certificate reviews, gold, silver, gems, precious metals are fake then Superintendent jail, detention supervisor, the head of criminal enforcement agency-level public security made the text suggest the Agency has the authority to judge and handle according to the provisions of the law.

4. With regard to prohibited items specified in paragraphs 5, 6, 9, 10, 11 of article 3 of this circular shall organize the destruction; forbidden items stipulated in paragraphs 1, 2, 3, 4 of article 3 of this circular, then set the minutes transferred to competent authorities of handling in accordance with the law; forbidden items stipulated in paragraph 8 of article 3 of this circular, then put into the store to when inmate jail sentence is completed Executive then returned to them.

5. The processing of items prohibited to establish the Council dealt, by Superintendent jail, detention supervisor Chairman, Deputy Superintendent in charge of reconnaissance work, Deputy Superintendent responsible for detention Deputy Chairman; The reconnaissance team leader, record-education, police protection, finance and logistics head of clinic-Committee members; in the House of the custody by the police at district level as the President, the heads of civil enforcement agency-level public security Deputy Chairman, officers in charge of the custody House Committee members.

Article 6. Forbidden objects processing profile 1. Records processed items had been seized include: a) the minutes of seizure, sealing (if need to seal) prohibited items;

b) record inmate testimony and witnesses;

c) A check of the inmate point violation;

d) reports of officers seized items;

DD) report recommended form of discipline breach inmates;

e) disciplinary decisions;

g) minutes of the forbidden objects processing (report on the illegal destruction, console).

2. Profile handling items had been seized must be saved in the profile inmate and backup records to manage the reconnaissance Team at according to the rules of records management mode.

Article 7. Terms of implementation 1. This circular effect since July 26, 2011.

2. The Chief of administration, heads of units of the Ministry, public safety Director for the city, centrally, the Superintendent of detention camps, prisons, the head of criminal enforcement agency-level public security is responsible for implementation of this circular.

3. General Director of police enforcement of criminal and judicial support is responsible for the Organization and implementation guide, examine the implementation of this circular.

4. In the process of implementation of the circular, if there are difficulties and obstacles arise, the local unit of public security reported (through the General Directorate of police enforcement of criminal and judicial assistance) to be timely instructions./.