Article 140. Bases for body search, residence, workplace, location, objects, correspondence, telegraphs, postal parcels
1. The search of a person, residence, workplace or location can only be conducted when there are grounds to identify a person’s body, residence, workplace or location with criminal tools or means, objects and property acquired by the crime or other objects or documents related to the case.
The search of the residence, workplace, and location is also conducted when it is necessary to detect a wanted person.
2. When it is necessary to collect documents and objects related to the case, it is possible to search correspondence, telegraphs, postal parcels and matters.
Article 141. Competence to issue search orders
1. The persons defined in Clause 1, Article 80 of this Code have the right to issue search orders in all cases. Search 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.
2. In cases where it is impossible to delay, the persons defined in Clause 2, Article 81 of this Code have the right to issue search warrants. Within 24 hours after the search is completed, the person issuing the search order must notify in writing the procuracy of the same level.
Article 142. Body search
1. When starting a body search, the search warrant must be read and given to the litigant to read the search warrant; explain to the involved parties and those present about their rights and obligations.
The search conductor must request the involved parties to present objects and documents related to the case. If the involved parties refuse, the search shall be conducted.
2. When the body is searched, a man shall search a man and a woman search a woman and must be witnessed by someone of the same sex.
3. A body search can be conducted without a warrant in case of arrest or when there is a ground to confirm that the person present at the search place hides objects or documents to be seized.
Article 143. Search of accommodation, workplace, and location
1. The search of residences, working places and locations shall comply with the provisions of Articles 140, 141 and 142 of this Code.
2. When searching the residence or place, the owner or an adult in their family must be witnessed by the representative of the commune, ward, town and neighboring authorities; In cases where the involved parties and their family members are intentionally absent, flee or are away for a long time but the search cannot be delayed, there must be a representative of the government and two neighbors witnessed.
3. Not to search accommodation at night, unless it is impossible to delay, but must clearly state the reason in the written record.
4. When searching a person’s workplace, such person must be present, unless it is impossible to delay, but the reason must be clearly stated in the minutes.
The search of the workplace must be witnessed by the representative of the agency or organization where that person is working.
5. When conducting a search of residences, workplaces or locations, the present persons must not voluntarily leave the place being searched, must not contact or discuss with each other or with other people until the search is completed.
Article 144. Confiscation of correspondence, telegraphs, postal parcels and matters at post offices
When it is necessary to seize correspondence, telegraphs, postal parcels and matters at post offices, the investigating agency shall issue an order to seize. This order must be approved by the Procuracy of the same level before being executed, unless it is impossible to delay but clearly stating the reason in the minutes and after being seized, the Procuracy of the same level must be notified immediately.
The order executor must notify the person in charge of the relevant post office before proceeding with the seizure. The person in charge of the relevant post office must assist the person executing the impoundment in completing their duties.
When a letter, telegram, parcel or postal item is seized, a representative of the postal agency must witness and sign for certification on the record.
The agency issuing the seizure order must notify the person whose correspondence, telegraph, parcel or postal item is seized. If a notice interferes with the investigation, after such obstruction no longer exists, the agency issuing the warrant of seizure must notify immediately.
Article 145. Temporary seizure of objects and documents during search
Investigators may temporarily seize objects that are exhibits and documents directly related to the case during the search. For objects banned from storage and circulation, they must be seized and immediately transferred to competent management agencies. In cases where it is necessary to seal, it should be done in front of the owner or representatives of the family, government representatives and witnesses.
The temporary seizure of objects and documents during a search must be recorded in writing. The custody record is made into four copies: one is handed over to the owner of the objects and documents; one copy is included in the case file; one copy was sent to the Procuracy at the same level and one copy was sent to the agency managing the detained objects.
Article 146. Property distraint
1. Property distraint applies only to suspects and defendants for crimes prescribed by the Criminal Code, subject to confiscation of property or a fine as well as to persons liable for damage compensation according to regulations. legal regulations.
The competent persons defined in Clause 1, Article 80 of this Code have the right to issue property distrainment orders. The distraint orders of the persons defined at Point d, Clause 1, Article 80 of this Code must be immediately notified to the procuracies of the same level before being executed.
2. Distraining only the portion of the property corresponding to the possible level of forfeiture, fine or compensation.
Distrained property is assigned to property owners or their relatives for preservation. A person assigned to preserve that acts of consuming, transferring, exchanging, hiding or destroying the distrained property shall bear penal liability according to Article 310 of the Penal Code.
3. When the property is distrained, there must be the presence of the involved party or adult family member, the representative of the government of the commune, ward, town and neighbor. The person conducting distrainment must make a record, clearly stating the name and condition of each distrained property. The minutes must be made according to the provisions of Articles 95 and 125 of this Code, read to the involved parties and those present to listen and sign together. Complaints of the involved parties are recorded in minutes, signed for certification by them and those of the distraint operator.
The distrainment minutes shall be made into three copies: one copy shall be delivered immediately to the involved party after the distrainment is completed; one copy is sent to the Procuracy of the same level and one is placed in the case file.
4. When deeming that the distraint is no longer necessary, the competent persons defined in Clause 1, Article 80 of this Code must promptly issue a decision to cancel the distraint order.
Article 147. Responsibility to preserve objects, documents, correspondence, telegraphs, postal parcels and matters which are seized, seized or sealed
Objects, documents, correspondence, telegraphs, parcels and postal matters seized, seized or sealed according to the provisions of Articles 75, 144 and 145 of this Code must be preserved intact.
A person assigned to preserve and destroy the seal, consume, transfer, swap, hide or destroy the property assigned to preserve, shall bear criminal liability according to Article 310 of the Penal Code.
Article 148. Minutes of search, seizure and temporary seizure of objects, documents, correspondence, telegraphs, postal parcels and matters
When searching, seizing and temporarily seizing objects, documents, correspondence, telegraphs, postal parcels and postal matters, minutes must be made according to the provisions of Articles 95 and 125 of this Code.
Article 149. Responsibilities of persons issuing orders and executing orders to search, distrain property, seize and temporarily seize objects, documents, correspondence, telegraphs, postal parcels and matters
The person issuing the order, the executor of an order to search, distrain property, seize and temporarily seize objects, documents, correspondence, telegraphs, postal parcels and / or parcels that are illegal, depending on the nature and severity of the for violations but be disciplined or examined for penal liability.