Decree-Law No. 002/SLT of 1957 stipulates on immediate arrest, emergency situations, and searches of persons caught in the act of committing crimes. This document aims to protect national security, social order, and people's property.
Scope of application
Citizens; Public Security agencies
Key points
- Citizens have the right to apprehend a person caught in the act of committing a crime (Article 1)
- Public Security agencies may apprehend before obtaining an order from provincial or municipal authorities in emergency situations (Article 2)
- Citizens have the right to search and confiscate weapons from persons caught in the act of committing crimes who are bandits, saboteurs, murderers, robbers, or violent hooligans (Article 3)
- Public Security agencies may apprehend before obtaining an order from provincial or municipal authorities in emergency situations such as preparing to commit a crime, finding evidence of criminal activity, or evading the law (Article 2)
- Citizens have the right to apprehend a person caught in the act of committing a crime who is fleeing after being detained (Article 1)
🌐 Social impact of this document
- Enhance national security and social order protection capabilities
- Contribute to preventing criminal acts before significant damage occurs
- Address delays in apprehending criminals
❓ Frequently asked questions
Who can citizens arrest?
Citizens have the right to arrest a person caught in the act of committing a crime or immediately after being discovered, and those who are fleeing after being detained (Article 1)
In emergency situations, whom may Public Security agencies apprehend?
Public Security agencies can apprehend individuals preparing to commit crimes, destroying evidence, or conspiring to evade the law (Article 2)
Whom do citizens have the right to search when making an arrest?
Citizens have the right to search persons caught in the act of committing crimes who are bandits, saboteurs, murderers, robbers, or violent hooligans for the purpose of confiscating weapons (Article 3)
Full text
DECREE-LAW
No. 002/SLT dated June 18, 1957 on cases of immediate apprehension,
urgent situations, and searches of persons caught in the act of committing crimes.
PRESIDENT OF THE VIETNAMESE DEMOCRATIC REPUBLIC
Pursuant to Resolution No. 24 dated January 24, 1957 of the National Assembly;
Pursuant to Articles 4 and 10 of the Law on Ensuring Freedom of Person and Protection Against Unlawful Intrusion into Private Dwellings, Property, and Correspondence issued on May 20, 1957;
At the proposal of the Council of Ministers;
After the Standing Committee of the National Assembly voted to agree,
ENACTS THE DECREE-LAW:
Article 1
To promptly apprehend those who have committed acts harmful to national security, public order, state property, or the lives and property of citizens, the following cases are defined as immediate apprehension in which any citizen has the right to arrest and immediately deliver the offender to the nearest administrative committee, people's court, or police station:
1- Engaging in criminal acts or being discovered immediately after committing a crime.
2- Being pursued immediately after committing a crime.
3- Escaping while under detention.
4- Having an arrest warrant issued.
Article 2
To promptly prevent damage to national security, public order, state property, or the lives and property of citizens, the following urgent situations are defined in which police agencies may detain individuals before obtaining a written order from judicial authorities at provincial or municipal level or military courts:
1- Engaging in preparatory acts for criminal activities.
2- The victim or witness present at the scene of the crime identifies and confirms the perpetrator.
3- Finding evidence of a crime on the person or in the residence of a suspect.
4- Preparing to flee or currently fleeing.
5- Preparing to destroy, destroying, fabricating, or attempting to destroy evidence. There is collusion among criminals to evade legal consequences.
6- Identity and background unclear.
Article 3
To protect those making the arrest from violent attacks by individuals caught in the act of committing crimes, it is hereby stipulated:
For individuals caught in the act who are bandits, special forces, murderers, robbers, or violent hooligans, any citizen has the right to search and confiscate weapons when apprehending them.
Article 4
The Prime Minister shall issue detailed regulations to implement this Decree./.
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Ho Chi Minh (Signed) |
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