Article 79. Measures and grounds for application of preventive measures
In order to promptly prevent a crime or when there is evidence that the accused or defendant will make it difficult to investigate, prosecute, adjudicate or will continue to commit the crime, as well as when it is necessary to ensure the execution of the sentence Investigating agencies, procuracies and courts, within their procedural competence or competent persons defined in this Code, may take one of the following deterrent measures: arrest, custody , detention, ban from leaving residence, bail, placing money or valuable property as security.
Article 80. Arrest of suspects and defendants in detention
1. The following persons have the right to order the arrest of suspects and defendants for detention:
A) The heads and deputy heads of the People’s Procuracies and the Military Procuracies at all levels;
B) Chief Justices, Vice Presidents of People’s Courts and Military Courts at all levels;
C) Judges holding the post of president or deputy chief of the Court of Appeal of the Supreme People’s Court; Trial panel;
D) Heads and deputy heads of investigation authorities at all levels. In this case, the arrest warrant must be approved by the Procuracy of the same level prior to execution.
2. An arrest warrant must clearly state the date, full name and title of the person issuing the warrant; the full name and address of the person arrested and the reason for the arrest. The arrest warrant must be signed by the person issuing the order and stamped.
The order executor must read the order, explain the warrant, the rights and obligations of the arrested person and make a record of the arrest.
When the arrest of a person is carried out at the place where he / she resides, it must be witnessed by representatives of the commune, ward, town and neighbors of the arrested person. When arresting a person at the place where he / she works, it must be witnessed by the representative of the agency or organization where that person is working. When arresting people at other places must be witnessed by representatives of the authorities of the communes, wards or townships where the arrests are conducted.
3. Not to arrest a person at night, except in the case of urgent arrest, committing crimes in the act of committing the crime or arresting a wanted person defined in Articles 81 and 82 of this Code.
Article 81. Arresting people in emergency
1. In the following cases, urgent arrests may be made:
A) When there are grounds to believe that the person is preparing to commit a very serious crime or a particularly serious crime;
B) When the victim or the person present at the crime scene sees and certifies that the person who committed the crime is deemed necessary to immediately stop the escape;
C) When there are traces of a crime in the person or at the residence of a suspect committing the crime and it is deemed necessary to immediately stop the evasion or destruction of evidence.
2. The following persons have the right to issue an emergency arrest warrant:
A) Heads and deputy heads of investigation authorities at all levels;
B) The commander of an independent military unit of regiment and the equivalent; border guard commanders on islands and in the border;
C) Commander of an aircraft or seagoing vessel, when an aircraft or seagoing vessel has departed from an airport or port.
3. The contents of the arrest warrants and the execution of the arrest warrants in emergency must comply with the provisions of Clause 2, Article 80 of this Code.
4. In all cases, the urgent arrest must be immediately reported to the Procuracy of the same level in writing together with documents related to the urgent arrest for consideration and approval.
The procuracy must strictly supervise the emergency arrest grounds specified in this Article. In necessary cases, the Procuracy must meet and ask questions of the arrested person directly before considering and deciding to approve or not to approve.
Within 12 hours after receiving the request for approval and documents related to the emergency arrest, the Procuracy must issue a decision to approve or not to approve. If the Procuracy decides not to approve, the person who issued the arrest warrant must immediately release the arrested person.
Article 82. Arresting a person committing an offense in the act of act or being wanted
1. Any person who is committing a crime or immediately after committing a crime is discovered or arrested, as well as a wanted person, any person has the right to arrest and immediately bring him to a public agency. nearest security, Procuracy or People’s Committee. These agencies must make a record and immediately release the arrested person to the competent investigation agency.
2. Everyone has the right to disarm the arrested person when arresting a person committing an offense or being wanted.
Article 83. Actions to be taken immediately after arresting or receiving arrestees
1. After arresting or recognizing an arrested person in an emergency or committing a crime in the act of act, the investigating agency must immediately take a statement and within 24 hours must issue a decision to temporarily detain or release the arrested person. .
2. For a wanted person, after taking testimony, the investigating agency receiving the arrested person must immediately notify the agency that issued the wanted decision to come and accept the arrested person.
After receiving the arrested person, the agency that has issued the wanted decision must immediately issue a wanted decision. In case it is found that the agency that has issued the wanted decision cannot immediately come to receive the arrested person, after taking testimony, the investigating agency receiving the arrested person must immediately issue a temporary detainment decision and notify the agency immediately. has decided to want to know.
After receiving the notice, the agency that has issued the wanted arrest decision competent to arrest for detention must immediately issue a temporary detention order and send the detention order approved by the Procuracy of the same level to the investigating agency to accept the person being detained. catch. After receiving the detention order, the investigating agency accepting the arrested person shall immediately release that person to the nearest detention center.
Article 84. Minutes of arrest
1. In all cases, the person executing the arrest warrant must make a record.
The record must clearly state the date, time, month and year, the place of arrest and the place of making the record; actions taken, developments in the course of arrest, detained objects and documents, and complaints made by arrestees.
The minutes must be read to the arrestee and bystanders. The arrested person, the person executing the arrest warrant and the witness must both sign the record. If anyone has a different opinion or disagrees with the contents of the record, they have the right to write in the record and sign it.
The temporary seizure of objects and documents of arrestees must comply with this Code.
2. When delivering and receiving arrestees, the two parties who deliver and receive must make a record.
In addition to the points specified in Clause 1 of this Article, the delivery record must also specify the handover of the records of testimony, collected objects and documents, the health status of the arrested person and any details occurred at delivery.
Article 85. Notice of arrest
The person issuing the arrest warrant or the investigation agency receiving the arrested person must immediately notify the family of the arrested person, the commune, ward or town authority or the agency or organization where such person resides or works. If the notice obstructing the investigation, after such obstruction no longer exists, the person issuing the arrest warrant, the investigating agency receiving the arrested person must notify immediately.
Article 86. Detention
1. Detention may be applied to persons arrested in an emergency, committing an act of crime, the offender confessing, surrendering, or against the person arrested under a wanted decision.
2. Those who have the right to issue urgent arrest warrants defined in Clause 2, Article 81 of this Code, and regional coast guard commanders are entitled to issue custody decisions.
Executors of custody decisions must explain the rights and obligations of persons held in custody as prescribed in Article 48 of this Code.
3. Within 12 hours from the date of issuance of the temporary detention decision, the temporary detention decision must be sent to the Procuracy of the same level. If deeming that the detention is unfounded or unnecessary, the Procuracy shall issue a decision to cancel the custody decision and the person who has issued the temporary detention decision must immediately release the person held in custody.
The temporary detainment decision must clearly state the reasons for the custody, the expiration date of the custody and give a copy to the person held in custody.
Article 87. Term of custody
1. The temporary detention time limit must not exceed three days from the date the investigating bodies receive the arrested persons.
2. In case of necessity, the person making the decision on detention may extend the detention, but not more than three days. In special cases, the person making the decision on temporary detention may extend the custody a second time but not more than three days. All cases of extension of custody must be approved by the Procuracy of the same level; Within 12 hours after receiving the request for extension and documents related to the extension of temporary detention, the Procuracy must issue a decision to approve or not to approve.
3. While in custody, if there are insufficient grounds to prosecute the accused, the person held in custody must be immediately released.
4. The time spent in detention may be subtracted from the time spent in detention. One day in custody counts as one day of detention.
Article 88. Detention
1. Detention may apply to suspects and defendants in the following cases:
A) The accused or defendants commit particularly serious crimes; very serious crime;
B) The accused or defendant commits a serious crime or a less serious crime for which the Penal Code provides for a jail term of more than two years and there are grounds to believe that such person may hide or obstruct the investigation or prosecution. , adjudicate or possibly continue to commit crimes.
2. For suspects or defendants who are pregnant or nursing children under thirty-six months old, are frail old people, or seriously ill people whose residence is clear, they shall not be held in detention, but measures to prevent block other, except in the following cases:
A) The accused or defendant flees and is arrested under a wanted warrant;
B) The accused or defendant is given other preventive measures but continues to commit the crime or intentionally obstructs the investigation, prosecution or adjudication;
C) The accused or defendants have committed a national security breach and have sufficient grounds to believe that if they do not detain them, it will endanger national security.
3. Persons competent to issue arrest warrants as provided for in Article 80 of this Code are entitled to issue detention orders. Detention orders of the persons defined at Point d, Clause 1, Article 80 of this Code must be approved by the procuracies of the same level before being executed. Within three days from the date of receipt of the temporary detention order, request for consideration and approval, and the records and documents related to the detention, the Procuracy must issue a decision to approve or not to approve. The procuracy must return the files to the investigating authority immediately after completing the consideration and approval.
4. The agency issuing the temporary detention order must check the identity of the person held in detention and immediately notify the family of the detained person and the commune, ward or township authorities or the agency or organization where the person is detained. live or work know.
Article 89. Temporary custody and temporary detention regime
The regime of custody and temporary detention is different from the regime applicable to persons serving an imprisonment penalty.
Places of custody and temporary detention, living regime, receiving gifts, family contact and other regimes comply with the Government’s regulations.
Article 90. Care of relatives and preservation of property of persons held in custody or temporary detention
1. When a person in custody or temporary detention has a minor child under the age of 14 or has a relative who is disabled, old or frail but has no caregiver, the agency issuing custody decisions or temporary detention orders shall assign them. those people are taken care of by loved ones. In cases where persons held in custody or temporary detention do not have relatives, the agencies issuing custody decisions or temporary detention orders shall assign such persons to the local authorities for care.
2. In cases where a person held in custody or temporary detention has a house or other property without someone to look after or preserve, the agency issuing the custody or temporary detention order must apply appropriate supervision and preservation measures. worth.
3. The agency issuing custody decisions or temporary detention orders shall notify persons held in custody or temporary detention of measures taken.
Article 91. Prohibition from leaving residence
1. Prohibition from leaving residence is a deterrent measure that may be applied to suspects or defendants with a clear residence to ensure their presence under the subpoena of investigation authorities or institutes. Procurator, court.
2. For the persons defined in Clause 1, Article 80 of this Code, and the judges assigned to preside over the court sessions, have the right to issue orders to ban leaving their residence places.
The accused or defendants must make a written pledge not to leave their residence places and to be present at the right time and place stated in the summons.
The person who orders the ban from leaving the residence must notify the application of this measure to the authorities of the commune, ward or town where the accused or the defendant resides and hand the accused or the accused to the commune, ward, town to manage, track them. In cases where the accused or defendants have a plausible reason to temporarily leave their residence, the consent of the authorities of the commune, ward or town where such person resides must be obtained and must be obtained a permit from the authorized agency take that deterrent.
3. The accused or defendants violating the ban on leaving their residence will be subject to other preventive measures.
Article 92. Guarantee
1. Guarantee is a deterrent measure to replace the detention measure. Based on the nature and severity of the danger to society of the crime and the identity of the accused, the defendant, the investigation agency, the Procuracy, the Court may decide to give them bail.
2. Individuals can sponsor the accused or the defendants who are their relatives. In this case there must be at least two people. Organizations can sponsor defendants, defendants are members of their own organizations. Upon receiving bail, individuals or organizations must make a pledge not to let the accused or defendants continue to commit crimes and ensure the presence of the accused or defendants according to the summons of investigation authorities and procuracies. Police or Court. When making a guarantee, the individual or organization receiving the guarantee is informed of the details of the case related to the guarantee.
3. The persons defined in Clause 1, Article 80 of this Code and the judges assigned to preside over the court sessions have the right to issue bail decisions.
4. Individuals accepting bail for the accused or defendants must be those with good character and qualities, and have strictly observed law. The surety must be certified by the local authority where the person resides or the agency or organization where the person works. For a guarantor, the guarantee must be certified by the head of the organization.
5. The person or organization receiving the bail breaches the committed obligation shall take responsibility for the committed obligation and in this case the accused or the defendant will be subject to other preventive measures. .
Article 93. Placing money or property with value as security
1. The deposit of money or valuable property as security is a deterrent measure to replace the detention measure. Based on the nature and level of danger to society of the criminal act, the identity and status of the defendant’s and the defendant’s property, the investigation agency, the Procuracy, the Court may decide for them. place money or valuable property to secure their presence under the summons.
2. The persons defined in Clause 1, Article 80 of this Code and the judges assigned to preside over the court sessions have the right to issue decisions on the placing of money or valuable property as security. Decisions of the persons defined at Point d, Clause 1, Article 80 of this Code must be approved by the procuracies of the same level before being executed.
3. The agency making the decision on the placing of money or valuable property for security must make a record clearly stating the amount of money, the name and condition of the property that has been placed and give one copy to the accused or defendant.
4. In cases where the accused or defendants have been summoned by the investigating bodies, procuracies or courts but are absent without plausible reasons, the deposited money or property shall be remitted into the State fund and in In this case, the accused will be subject to other preventive measures.
In cases where the accused or defendants fully comply with the committed obligations, the proceeding-conducting agencies shall have to return them the money or property already placed.
5. The order, procedures, level of money or property value to be placed as security, the custody, refund or non-return of the placed amount or property shall comply with the provisions of law.
Article 94. Cancellation or replacement of preventive measures
1. When the case is suspended, all applied preventive measures must be canceled.
2. Investigation agencies, procuracies and courts shall cancel deterrent measures when they deem it no longer necessary or can be replaced with another deterrent measure.
For preventive measures approved by the Procuracy, the cancellation or replacement must be decided by the Procuracy.