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Circular 15/2003/tt-Bca (V19): A Guide To Judicial Support Activities Of The Police Force To Protect And Support The Judiciary In The Public Security People

Original Language Title: Thông tư 15/2003/TT-BCA(V19): Hướng dẫn hoạt động hỗ trợ tư pháp của lực lượng cảnh sát bảo vệ và hỗ trợ tư pháp thuộc Công an nhân dân

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CIRCULAR guide judicial support activities of the police forces, protect and support the judiciary in the public security of the people To ensure the consistency of activities in support of the judicial police force protects and supports the Justice Department in The Ministry of public security, people's security guide judicial support activities of the force : 1. the protective police force and the judicial assistance Department of the people's police (here written as protective police force and judicial assistance) was assigned the responsibility to defend the criminal trial and when required, the protection of the civil trial, administrative , economics, labour, marriage and family (namely the trial); lead award witness, arrested, accused of being award, who had decided to enforce the judgment at the request of the agency conducting the proceedings are competent; protect home custody, detention in public security people; support the enforcement of judgments, decisions, civil and criminal judgments, other decisions prescribed by law at the request of the competent execution; direct enforcement of the death penalty; warehouse management in physical evidence of public security of the people.
The protection of the House of the custody, detention in police the people follow the Decree No. 89/1998/ND-CP dated 07/11/1998 of the Government issued regulations on the custody, detention.
The management of the warehouse physical evidence in the public security people follow circular No. 6/2003/TT-BCA (V19) on 12/3/2003 of the Minister of public safety guides implemented some of the physical evidence repository management regulation (attached to Decree No. 18/2002/ND-CP dated 18/2/2002 of the Government) of the people's police force.
2. judicial support activities of the police forces, protect and support the judiciary must guarantee the required quick, timely, accurate, effective. Prohibiting the use, misuse of position and powers while the duty to violate the rights and lawful interests of individuals, agencies and organizations. Officials and soldiers protecting police and judicial assistance must be trained, professional training needed on judicial support activities.
3. The Commander of the police forces, protect and support justice in the Ministry of public security's Vice General Director of the Police Department was assigned General Director; the Commander of the police forces, protect and support the judiciary in provincial public security's Vice Director of provincial public security police in charge; the Commander of the police forces, protect and support the judiciary in the police at district level is the Deputy Head of public security at district level in charge of the police. Police forces, protect and support the Justice on duty to protect public safety in the detention camps of the people placed under management, direct command of detention camp supervisor.
The Commander of the police force and the judicial support protection levels are responsible for implementation of the requirements of the Agency, the people's Procuratorate, people's Court (here written as the body conducting the proceedings) or on the same level of protection that the trial , leads award witness, arrested, accused of being award, who had decided to enforce the judgment; support the enforcement of judgments, decisions, civil and criminal judgments, other decisions prescribed by law at the request of the competent execution; organizing forces to enforce the death penalty at the request of the Council of the implementation of the death penalty.
4. jurisdiction of the judicial support activities of the police forces, protect and support the judiciary is assigned as follows: a) the protective police force and judicial support in the Ministry of public security is responsible for implementing the requirements of the bodies conducting proceedings on the central level and execution agencies have the authority to protect the trial , arrested, accused of being award, who had decided to enforce the judgment, lead award witness, supports the implementation of judgments, decisions, civil and criminal judgments, other decisions prescribed by law; direction, guidance for the police protection unit and subordinate judicial support; protection guidance for police forces to protect and support the Justice on duty protecting the House of the custody, detention in the people's public security.
b) protective police force and the judicial assistance Department of the provincial public security is responsible for implementing the requirements of the body conducting the proceedings or the provincial superior and execution agency competent in defending the trial, arrests, repression was accused award , who had decided to enforce the judgment, lead award witness, supports the implementation of judgments, decisions, civil and criminal judgments, other decisions prescribed by law; implementation of protection in public security detention camp; direct enforcement of the death sentence at the request of the Council of the implementation of the death penalty and the provincial direction, guidance for the police protection unit and judicial support at district level.
c) protective police force and judicial assistance in the police districts are responsible for implementing the requirements of the authority conducting the proceedings at district level or upper level and execution agency competent in defending the trial, arrests, repression was accused award , who had decided to enforce the judgment, lead award witness, supports the implementation of judgments, decisions, civil and criminal judgments, other decisions prescribed by law; implementation of home protection in custody the police at district level; in coordination with the police forces, protect and support the provincial judiciary in the enforcement of the death penalty and organized the burial of bodies who suffer execution if a death sentence is executed locally.
5. When required the judicial assistance of the competent bodies, police units to protect and support the judiciary is responsible for receiving the text as specified in items 6, 7, 8, and 9 of this circular and the proposed plan, scheme resolved, the competent officer as defined in section 3 of this circular for approval.
6. Upon receipt of the decision to bring the case to trial and the Court suggested that requires protection of the trial, police forces, protect and support the judiciary is responsible for: a) deployed forces, weapons, tools, means of protecting the trial as planned the approved projects;
b) prevention, prevent unauthorized contact with the accused during trial;
c) preserving order where held the trial on the orders of presiding the trial; safe guard who conducted proceedings, proceedings and to attend the trial; prevent, and timely processing of the appropriation acts, destroy documents, records and evidence are used in trial for trial; arrest or force the disorderly behavior out of the courtroom by order of the presiding trial;
d) prevent, prevent the accused provided information, suicide, to escape or dangerous behavior;
DD) prevention, prevent attack, hinder the trial; dissolution, arrest those attacking behavior, hinders the trial or remove the accused or arrested person at the trial on the orders of the presiding trial;
e) coordinated with agency owners Unit held an emergency move the accused and others attending the trial to safety in the event of a threat to the safety of the trial;
g) Organization begins immediately accused or who have ordered arrest of presiding the trial that ran away and reported immediately to the investigating agencies and the Procuratorate at the same level;
h) planned, coordinated approach with the people's armed forces and the local authorities to actively deploy support forces in case of need.

7. in case of arrest, accused of being award, who has criminal enforcement decisions will need to be ordered, the extract command is being accused and dispatch the request to arrest, the Agency's request to arrest, repression.
After receiving the command extract of the courts, police forces, protect and support the judiciary must immediately notify detention or detention house where are jailed, kept being accused to planning coordination.
The arrest procedures follow the provisions of the criminal law.
The case led the tournament the witnesses need to have summoned witnesses, decided to award lead witnesses and asked leading award witness of the requesting agency.
Protective police force and the judicial assistance requested arrest, accused of being award, who has criminal enforcement decisions, leading the tournament responsible witness: a) deployed forces, weapons, tools, means of support and conduct arrests, led the tournament the award, being accused, who have decided to enforce criminal, led the tournament the witnesses according to plan, the approved projects;
b) prevent, stop running away, provides exposure, suicide, unlawful or objectionable behaviour of people arrested, was leading the tournament, the prize;
c) to prevent, stop, disperse or arrest those attacking behavior, remove the person arrested, the prize, the prize;
d) Organization begins immediately accused the accused fled when arrested, was leading the tournament, the prize or the person sentenced to death, escaped imprisonment;
DD) coordinated with other forces in the sector of public security, local government organisation arrested, accused of being tournament pressure, who has criminal enforcement decisions.
8. Upon receipt of the decision to enforce the judgment, decision, civil and criminal judgments, other decisions by regulatory and law enforcement agency's project support request execution, police forces, protect and support the judiciary is responsible for: a) deployment , weapons, tools, means of ensuring order and safety for sentencing according to the plan, the approved projects;
b) dissolution, arrest the person acts impedes, opposed, attacking people are responsible for enforcing;
c) safeguards the assets seized, preventing the person must accept the Court or else make his behavior, destroy, usurp the property need seizure.
9. Upon receipt of the written request to enforce the judgment of the Council enforced the death penalty attached to the decision to enforce the death penalty of the Chief Justice of the Court of first instance handled, police forces, protect and support the judiciary is responsible for: a) deployed forces, weapons, tools and resources means to accomplish the task of enforcing the death penalty according to the plan, the approved approach and notify local public security agency where France field to coordinate the protection order, secure the enforcement of the judgment;
b) organized tournament pressure people were sentenced from detention camps to France;
c) prevention, preventing people sentenced to death to escape, suicide, or caused danger to the duty and the other people in the process of being applied, Project Executive. Coordinated with relevant units of protection order, French school safety; to prevent, stop, disperse or arrest those attacking behavior, hinders the enforcement of the judgment or remove people were sentenced to death;
d) coordinated with agency owners Unit held an emergency move people were sentenced to a safe place in case of risks that threaten the safety of the enforcement of the judgment. Ask the people's armed forces and local authorities support the French market protection in case of need;
Executive) decided to postpone the execution of the penalty enforcement Council and the organization leads the tournament people were sentenced to terms of detention;
e) direct enforcement of the death penalty and organized the burial of bodies who were enforcing the death penalty.
10. protective police force and judicial support mission to protect home custody, detention is responsible for: a) deployed forces, weapons, tools, home protection means the custody, detention camps under the plan, the approved projects;
b) prevention, prevent unauthorized contact with the custody, detention, prisoner in protected areas;
c) prevent, arrest immediately persons detained, detention, prisoner escape or dangerous action;
d) prevent, prevent, arrest those who attacked or risky behavior for the custody, detention camps;
DD) protection, support the move of emergency people detained, the detention, the inmate to safety in the event of a threat to their safety;
e) plan projects in collaboration with the people's armed forces and the local authorities to actively deploy support forces in case of need.
11. While the duty of police forces, protect and support the judiciary used weapons, support tools, special vehicles and other necessary means as prescribed by the law.
Funding to equip and serve judicial support activities of the police forces, protect and support the justice due to the State budget guarantees, are arranged in the estimation of the budget of the Ministry of public security and other funding sources as prescribed by law.
12. Delivery to the General Directorate of the police is responsible for coordinated with public security units, the relevant local test, urging the implementation of this circular.
General Director of the Directorate, heads of subdivisions the Secretary, the Director of public security of the city, centrally responsible for implementing enforcement of this circular.
This circular has the effect after 15 days from the date The report. In the process if there are problems or new issues arise, public safety, local units should report about the Department (through the General Directorate of police) to take timely instructions./.