Decree No. 117/SL amends the conditions for nighttime searches of private residences under Decree No. 131-SL of 1946. This aims to limit the infringement of citizens' privacy rights.
适用范围
Law enforcement agencies
要点
- Competent authorities may search private residences at night only in one of four special cases: house fire, flood, cries for help from inside, or the homeowner harboring a fugitive wanted by law (Article 1).
- The Ministers of Interior and Justice must implement this decree (Article 2).
🌐 本文件的社会影响
- To protect citizens' privacy rights when restricting nighttime searches of residences.
- Strengthening the responsibility of law enforcement agencies in adhering to regulations on time and conditions for searches.
❓ 常见问题
In what circumstances is it permitted to search a private residence at night?
Only in one of four special cases: house fire, flood, cries for help from inside, or the homeowner harboring a fugitive wanted by law.
Who is responsible for implementing this decree?
The Ministers of Interior and Justice must implement this decree.
全文
DECREE-LAW
NO.: 117/SL DATE: OCTOBER 18, 1949
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
CHAIRMAN
GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to Decree-Law No. 131 dated July 20, 1946 on the organization of judicial police.
In accordance with the proposal of the Minister of Justice;
Following the resolution of the Council of Ministers after consultation with the Standing Committee of the National Assembly.
ISSUES THE FOLLOWING DECREE-LAW:
Article 1- Paragraph 3, Article 7 of Decree-Law No. 131 dated July 20, 1946 is hereby amended as follows:
"In addition, entry into a private residence at night is only permitted in one of the following four special cases:
1. Fire
2. Flood
3. Hearing cries for help coming from inside the house.
4. When the homeowner harbors fugitives (under arrest, awaiting trial or under surveillance) or is being sought by a warrant issued by the Public Security Committee or Court."
Article 2- The Ministers of Interior and Justice shall implement this Decree-Law accordingly./.
Ho Chi Minh
(Signed)
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