This Joint Circular provides detailed regulations on the receipt and handling of reports and accusations of criminal offenses between competent authorities. It applies to police stations at commune, ward, town level, police posts, police stations, criminal investigation departments of public security offices at district level, and people's procuracies at district level.
Đối tượng áp dụng
Police stations at commune, ward, town level, police posts, police stations, criminal investigation departments of public security offices at district level, people's procuracies at district level
Các điểm cốt lõi
- Police stations at commune, ward, town level, police posts when receiving immediate reports of criminal offenses must record them in a report and immediately notify the competent investigative authority within 24 hours (48 hours in remote areas).
- Police stations at commune, ward, town level, police posts when receiving reports of criminal offenses not falling under the above circumstances must record them in a report and immediately transfer them to the competent investigative authority within 7 days.
- Police stations when receiving reports of criminal offenses must record them in a report and immediately transfer them to the competent investigative authority within 24 hours.
- In urgent situations requiring immediate action to prevent or investigate the scene, conduct searches, or request forensic examinations, police stations at commune, ward, town level, police posts, and police stations must immediately notify the competent investigative authority and take timely measures.
- The criminal investigation department of the public security office at district level, in collaboration with the people's procuracy at district level, shall guide and inspect the implementation of preliminary inspection and verification activities of reports and accusations of criminal offenses by police stations at commune, ward, town level, and police posts.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhance the effectiveness of coordination among competent authorities in the receipt and handling of reports and accusations of criminal offenses.
- Negative impact: May increase the workload for police stations at commune, ward, town level, and police posts due to the requirement for prompt and accurate processing.
- What should police stations at commune, ward, town level do upon receiving reports and accusations of criminal offenses?
❓ Câu hỏi thường gặp
Police stations at commune, ward, town level must record the reports and accusations in a report and immediately notify the competent investigative authority within 24 hours (or 48 hours in remote areas), while organizing the protection of the scene.
What is the deadline for transferring reports and accusations of criminal offenses?
For cases not falling under urgent circumstances, the deadline for transferring reports and accusations of criminal offenses is 7 days.
What should police stations at commune, ward, town level do upon receiving reports and accusations of criminal offenses that do not fall under urgent circumstances?
Record the reports and accusations in a report, take statements from the accusers, informers, accused persons, victims, and witnesses; inspect and determine the location where the incident occurred.
Which entity is responsible for guiding and inspecting the implementation of preliminary inspection and verification activities of reports and accusations of criminal offenses?
The criminal investigation department of the public security office at district level, in collaboration with the people's procuracy at district level.
Who will provide timely guidance if there are difficulties in implementing this Joint Circular?
Relevant agencies and units should reflect issues to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy for timely guidance.
Relevant agencies and units shall report to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuratorate for timely guidance.
Toàn văn
JOINT CIRCULAR
Amending and supplementing some articles of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 issued by the Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural Development, and the Chief Prosecutor of the Supreme People's Procuracy on the coordination among competent agencies in implementing certain provisions of the Criminal Procedure Code 2015 regarding the receipt and handling of reports of criminal offenses and requests for prosecution
Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;
Pursuant to the Law on Organization of Investigative Agencies dated June 26, 11 2015;
Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;
The Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural Development, and the Chief Prosecutor of the Supreme People's Procuracy promulgates this Joint Circular amending and supplementing some articles of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 on the coordination among competent agencies in implementing certain provisions of the Criminal Procedure Code 2015 regarding the receipt and handling of reports of criminal offenses and requests for prosecutionNo.th�权限rime Minister c权在执行2015年《刑事诉讼法》关于接收和处理举报犯罪行为和请求起诉的一些规定中的配合No. 报，线索June 2024;关于犯罪，建议起诉No..
Article 1. Amend and supplement Clause 5, Article 8 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 on the coordination among competent agencies in implementing certain provisions of the Criminal Procedure Code 2015 regarding the receipt and handling of reports of criminal offenses and requests for prosecution as follows:
"5. When receiving reports of criminal offenses, public security stations, police posts, and border police stations shall carry out the following:
a) For reports of criminal offenses that involve immediate crimes; reports of very serious or especially serious criminal offenses; or reports that have been widely discussed in society; reports of criminal offenses where the perpetrator is clearly identified or the person reported is clearly identified with grounds indicating that such person may flee and it is necessary and appropriate to apply preventive measures, the public security stations, police posts, and border police stations shall record the receipt, immediately notify the competent investigative agency through the fastest means of communication; organize forces to protect the scene, take statements from the reporter, the person who provided information about the crime, the person reported, the victim, witnesses, or other relevant persons; verify and clarify the identity and background of the person reported, the victim, and other relevant persons; discover, temporarily detain, and preserve materials and objects related to the criminal act; and transfer the report of the criminal offense along with related materials and objects to the competent investigative agency within no more than 24 hours from the time of receipt; for remote mountainous areas, islands, and places with difficult transportation conditions, the deadline for transferring the report of the criminal offense shall not exceed 48 hours from the time of receipt;
b) For reports of criminal offenses not falling under the circumstances specified in point a of this clause, the public security stations, police posts, and border police stations shall record the receipt, take statements from the reporter, the person who provided information about the crime, the person reported, the victim, witnesses, and other relevant persons; be present to inspect and determine the location of the incident, draw a diagram of the location of the incident, protect the scene; verify and clarify the identity and background of the person reported, the victim, and other relevant persons; conduct preliminary verification of the damage consequences; discover, temporarily detain, and preserve materials and objects related to the criminal act; and immediately transfer the report of the criminal offense along with related materials and objects to the competent investigative agency. The period from receipt to transfer of the report of the criminal offense along with related materials and objects to the competent investigative agency shall not exceed seven days.
During the process of handling reports of criminal offenses as stipulated in this point, if there are grounds to determine that the report of the criminal offense falls under the circumstances specified in point a of this clause, the public security stations, police posts, and border police stations shall handle it according to the provisions of point a of this clause;
c) When receiving reports of criminal offenses, border police stations shall record the receipt and immediately transfer the report of the criminal offense along with related materials and objects to the competent investigative agency within no more than 24 hours from the time of receipt;
d) In cases of emergency, urgent situations requiring immediate prevention of criminal acts or immediate inspection of the scene, search, or immediate request for forensic examination, public security stations, police posts, border police stations, and border police stations must immediately notify the competent investigative agency through the fastest means of communication and promptly implement timely measures according to this Joint Circular;
đ) The Public Security Investigation Department at the county level shall take the lead and coordinate with the People's Procuracy at the county level to guide and inspect the implementation of preliminary verification activities of reports of criminal offenses by public security stations, police posts, and border police stations."
Article 2. Effective Date
This Joint Circular takes effect from January 14, 2022.
Article 3. Responsibility for Implementation
Relevant agencies and units of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy are responsible for enforcing and organizing the implementation of this Joint Circular. If there are difficulties during the implementation of this Joint Circular, relevant agencies and units should reflect them to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy for timely guidance.
If there are difficulties during the implementation of this Joint Circular, relevant agencies and units should reflect them to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy for timely guidance./.
DEPUTY MINISTER
DEPUTY MINISTER
DEPUTY MINISTER
DEPUTY MINISTER
ASSISTANT PROSECUTOR GENERAL
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