This Circular amends certain provisions on handling reports and accusations of criminal offenses and transferring case files to investigative agencies. It also updates forms and registers related to receiving information about criminal offenses.
Đối tượng áp dụng
This Circular applies to the Office of the Criminal Investigation Department under the Ministry of Public Security, Heads of units directly under the Ministry, Directors of Provincial Public Security Departments, Heads of Investigative Agencies at all levels of the Public Security Forces, and Chiefs of agencies assigned tasks to conduct certain investigative activities of the Public Security Forces.
Các điểm cốt lõi
- Amend the time limit for transferring reports and accusations of criminal offenses from public security stations at commune, ward, and town levels to investigative agencies.
- Update forms and registers related to receiving information about criminal offenses.
- Effective date: From February 14, 2022.
- chitietcacdieuchinh
- 1. Adjust the time limit for transferring reports and accusations of criminal offenses: - In urgent cases or where immediate measures are needed to prevent crimes: Public security stations at commune, ward, and town levels must promptly report and take timely measures. - For cases not falling under urgent circumstances: The time limit for transferring reports and accusations of criminal offenses is seven days from the date of receipt. If during the handling process, signs indicating the need for action according to the provisions of point a of this clause are discovered, they must be immediately implemented. - For Police Stations: Transfer reports and accusations of criminal offenses along with related documents to investigative agencies within twenty-four hours from the date of receipt.
- 2. Update forms: This Circular replaces terms related to form numbers 09, 196, 278, 54, 55, 16, 09 (issued together with Circular No. 61/2017) with new forms issued together with Circular No. 119/2021/TT-BCA.
- 3. Provisions on not initiating criminal investigations: In cases where there are no signs of criminal activity or crimes specified in Articles 134, 135, 136, 138, 139, 141, 143, 155, 156 of the Penal Code and the victim does not request prosecution, a report must be made to the direct leader before submitting to the Head or Deputy Head of the Investigative Agency. The decision not to initiate a criminal investigation must be sent to the same-level Prosecution Office within twenty-four hours from the date of issuance.
- *Effective Date: This Circular takes effect from February 14, 2022.
🌐 Tác động xã hội từ văn bản này
- Enhance effectiveness in handling reports and accusations of criminal offenses.
- Improve the procedures for receiving and transferring case files of criminal investigations.
- Ensure compliance with legal regulations during the investigative process.
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from February 14, 2022.
Which units are responsible for organizing the implementation of this Circular?
Heads of units directly under the Ministry, Directors of Provincial Public Security Departments, Heads of Investigative Agencies at all levels of the Public Security Forces, and Chiefs of agencies assigned tasks to conduct certain investigative activities of the Public Security Forces are responsible for organizing the implementation of this Circular.
In case of difficulties during the implementation of this Circular, which unit should report?
Public Security units and localities need to report to the Ministry (through the Office of the Criminal Investigation Department under the Ministry of Public Security or the Investigation Security Bureau under the Ministry of Public Security) for timely guidance.
Toàn văn
CIRCULAR
AMENDING AND SUPPLEMENTING SOME PROVISIONS OF CIRCULAR NO.8/2020/TT-BCA
DATED MARCH 26, 2020 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON PROCEDURES AND FORMALITIES FOR RECEIVING, CLASSIFYING, HANDLING, AND RESOLVING REPORTS OF CRIMES AND PETITIONS FOR CRIMINAL PROSECUTION PROCEDURES AND FORMALITIES
FOR RECEIVING, CLASSIFYING, HANDLING, AND RESOLVING REPORTS OF CRIMES AND PETITIONS FOR CRIMINAL PROSECUTION
PETITIONS FOR CRIMINAL PROSECUTION OF THE PEOPLE'S POLICE CFORCE
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 Criminal Investigation Agencies dated November 26, 2015;
BASED ON THE PUBLIC SECURITY ORGANIZATION LAW NOVEMBER 20 2018;
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;
Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
BASED ON JOINT CIRCULAR NO.
On the basis of 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC DATED DECEMBER 29, 2017 ISSUED BY THE MINISTRIES OF PUBLIC SECURITY, NATIONAL DEFENSE, FINANCE, AGRICULTURE AND RURAL DEVELOPMENT, AND THE SUPREME PROCURATOR’S OFFICE ON COORDINATION BETWEEN AUTHORITIES IN IMPLEMENTING CERTAIN PROVISIONS OF THE CRIMINAL PROCEDURE CODE 2015 REGARDING RECEIVING AND RESOLVING REPORTS OF CRIMES AND PETITIONS FOR CRIMINAL PROSECUTION;/202101/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC DATED 29 the 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;21 DECEMBER 29, 2017 ISSUED BY THE MINISTRIES OF PUBLIC SECURITY, NATIONAL DEFENSE, FINANCE, AGRICULTURE AND RURAL DEVELOPMENT, AND THE SUPREME PROCURATOR’S OFFICE AMENDING AND SUPPLEMENTING SOME PROVISIONS OF JOINT CIRCULAR NO. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC;
BASED ON CIRCULAR NO.
At the proposal of the Director of the Investigation Department under the Ministry of Public Security;
The Minister of Public Security issues this Circular AMENDING AND SUPPLEMENTING SOME PROVISIONS OF CIRCULAR NO.8/2020/TT-BCA 2 DATED MARCH 26, 2020 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON PROCEDURES AND FORMALITIES FOR RECEIVING, CLASSIFYING, HANDLING, AND RESOLVING REPORTS OF CRIMES AND PETITIONS FOR CRIMINAL PROSECUTION PROCEDURES AND FORMALITIES FOR RECEIVING, CLASSIFYING, HANDLING, AND RESOLVING REPORTS OF CRIMES AND PETITIONS FOR CRIMINAL PROSECUTION OF THE PEOPLE'S POLICE CFORCE.
ARTICLE 1. AMENDING AND SUPPLEMENTING SOME PROVISIONS OF CIRCULAR NO.
1. Amending and supplementing Clause 1 of Article 7 as follows:
"1. AFTER RECEIVING REPORTS OF CRIMES ACCORDING TO THE PROCEDURES AND FORMALITIES SET OUT IN ARTICLE 5 OF THIS CIRCULAR, THE COMMUNE POLICE STATION, POLICE STATION, POLICE TRUSS WILL ESTABLISH A RECORD OF RECEIPT (IN ACCORDANCE WITH MODEL 01 ISSUED ALONG WITH CIRCULAR NO. 119/2021/TT-BCA), CLASSIFY AND HANDLE REPORTS OF CRIMES ACCORDING TO THE PROVISIONS (ARTICLE 1 OF JOINT CIRCULAR NO. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC DATED NOVEMBER 29, 2021 AMENDING AND SUPPLEMENTING SOME PROVISIONS OF JOINT CIRCULAR NO. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC DATED DECEMBER 29, 2017), SPECIFICALLY:
a) FOR REPORTS OF CRIMES CONCERNING VERY SERIOUS OR ESPECIALLY SERIOUS CRIMES OR THOSE DRAWING PUBLIC ATTENTION; REPORTS OF CRIMES WHERE THE PERPETRATOR IS CLEARLY IDENTIFIED OR WHERE THERE IS EVIDENCE THAT THE PERSON BEING ACCUSED MAY ESCAPE AND IT IS NECESSARY TO APPLY PREVENTIVE MEASURES, THE COMMUNE POLICE STATION, POLICE STATION, POLICE TRUSS SHALL IMMEDIATELY NOTIFY THE COMPETENT INVESTIGATION AUTHORITY THROUGH THE FASTEST MEANS OF COMMUNICATION; ORGANIZE FORCES TO PROTECT THE SCENE, TAKE STATEMENTS FROM THE REPORTER, VICTIM, WITNESSES, AND THE ACCUSED (ESTABLISH A STATEMENT RECORD ACCORDING TO MODEL 140 ISSUED ALONG WITH CIRCULAR NO. 119/2021/TT-BCA); VERIFY AND CLARIFY THE IDENTITY OF THE ACCUSED, VICTIM, AND OTHERS INVOLVED (ESTABLISH A TEMPORARY HOLD RECORD FOR ITEMS AND DOCUMENTS ACCORDING TO MODEL 148 ISSUED ALONG WITH CIRCULAR NO. 119/2021/TT-BCA); AND TRANSFER THE REPORT OF CRIME AND ASSOCIATED ITEMS AND DOCUMENTS TO THE COMPETENT INVESTIGATION AUTHORITY (ESTABLISH A REFERRAL RECORD FOR CRIME INFORMATION ACCORDING TO MODEL 03, AND A RECORD OF HANDOVER AND ACCEPTANCE OF ITEMS AND DOCUMENTS ACCORDING TO MODEL 155 ISSUED ALONG WITH CIRCULAR NO. 119/2021/TT-BCA) WITHIN 24 HOURS FROM THE TIME OF RECEIPT; FOR REMOTE AREAS IN FORESTED MOUNTAINS, ISLANDS, WHERE TRAVEL CONDITIONS ARE DIFFICULT, THE TRANSFER TIME SHALL NOT EXCEED 48 HOURS FROM THE TIME OF RECEIPT;
b) FOR REPORTS OF CRIMES NOT FALLING UNDER THE CASES PROVIDED FOR IN POINT a OF THIS PARAGRAPH, THE COMMUNE POLICE STATION, POLICE STATION, POLICE TRUSS SHALL TAKE STATEMENTS FROM THE REPORTER, VICTIM, WITNESSES, AND THE ACCUSED (ESTABLISH A RECORD OF INSPECTION AND VERIFICATION OF THE LOCATION OF THE INCIDENT ACCORDING TO MODEL 162 ISSUED ALONG WITH CIRCULAR NO. 119/2021/TT-BCA), DRAW A DIAGRAM OF THE LOCATION OF THE INCIDENT (DRAW A DIAGRAM OF THE LOCATION OF THE INCIDENT ACCORDING TO MODEL 168 ISSUED ALONG WITH CIRCULAR NO. 119/2021/TT-BCA), PROTECT THE SCENE; VERIFY AND CLARIFY THE IDENTITY OF THE ACCUSED, VICTIM, AND OTHERS INVOLVED; VERIFY THE INITIAL INFORMATION ABOUT DAMAGE; DISCOVER, TEMPORARILY HOLD, AND PRESERVE ITEMS AND DOCUMENTS RELATED TO THE CRIME; AND IMMEDIATELY TRANSFER THE REPORT OF CRIME AND ASSOCIATED ITEMS AND DOCUMENTS TO THE COMPETENT INVESTIGATION AUTHORITY WITHIN 7 DAYS FROM THE TIME OF RECEIPT.
IF THERE IS EVIDENCE DURING THE HANDLING OF REPORTS OF CRIMES THAT THE REPORTS OF CRIMES FALL UNDER THE CASES PROVIDED FOR IN POINT a OF THIS PARAGRAPH, THE COMMUNE POLICE STATION, POLICE STATION, POLICE TRUSS SHALL FOLLOW THE PROVISIONS OF POINT a OF THIS PARAGRAPH;
c) WHEN RECEIVING REPORTS OF CRIMES, THE POLICE TRUSS SHALL ESTABLISH A RECORD OF RECEIPT AND IMMEDIATELY TRANSFER THE REPORT OF CRIME AND ASSOCIATED ITEMS AND DOCUMENTS TO THE COMPETENT INVESTIGATION AUTHORITY WITHIN 24 HOURS FROM THE TIME OF RECEIPT;
d) IN CASES OF URGENCY, WHERE IMMEDIATE ACTION IS REQUIRED TO STOP A CRIME OR TO CONDUCT AN EXAMINATION OF THE SCENE OR REQUEST AN EXPERT APPRAISAL, THE COMMUNE POLICE STATION, POLICE STATION, POLICE TRUSS, AND POLICE TRUSS SHALL IMMEDIATELY NOTIFY THE COMPETENT INVESTIGATION AUTHORITY THROUGH THE FASTEST MEANS OF COMMUNICATION AND TAKE TIMELY ACTIONS AS PROVIDED BY LAW."
2. Amend and supplement Clause 2 Article 16 as follows:
"2. In cases where there are no signs of criminal offenses as stipulated in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, and 156 of the Criminal Code, and the victim or their representative does not request prosecution, the draft Decision not to initiate a criminal case shall be accompanied by the Report on the conclusion of the investigation of the accusation or information about the crime, along with related files and documents, and reported to the direct leadership for comments before being submitted to the Head or Deputy Head of the Investigation Agency assigned (or authorized); the Head or Deputy Head of the agency assigned (or authorized) to conduct certain investigative activities of the People's Public Security shall review, sign, and issue it. Within twenty-four hours from the issuance of the Decision not to initiate a criminal case, the Investigation Agency and the agency assigned to conduct certain investigative activities of the People's Public Security must send the Decision, along with related documents, to the People's Procuracy at the same level or the Procuracy with jurisdiction."
3. Replace certain phrases in some articles, clauses, and points as follows:
a) Replace the phrase "Record of receipt according to Model No. 09, issued together with Circular No. 61/2017/TT-BCA dated December 14, 2017 of the Minister of Public Security prescribing forms, papers, and books for criminal investigations (hereinafter referred to as Circular No. 61/2017)" with the phrase "Record of receipt of information about crimes according to Model No. 01, issued together with Circular No. 119/2021/TT-BCA dated December 8, 2021 of the Minister of Public Security prescribing forms, papers, and books for criminal investigations (hereinafter referred to as Circular No. 119/2021/TT-BCA)" in Clause 1 of Article 5.
b) Replace the phrase "(two copies) according to Model No. 196 (issued together with Circular No. 61/2017)" with the phrase "(prepare two copies according to Model No. 214 issued together with Circular No. 119/2021/TT-BCA)" in Clause 2 of Article 5.
c) Replace the phrase "book of receipt of information about crimes according to Model No. 278 (issued according to Circular No. 61/2017)" with the phrase "book of tracking receipt and classification of information about crimes (according to Model No. 294 issued together with Circular No. 119/2021/TT-BCA)" in Clause 8 of Article 5.
d) Replace the phrase "according to Model No. 54 (issued together with Circular No. 61/2017)" with the phrase "(according to Model No. 69 issued together with Circular No. 119/2021/TT-BCA)" in Point a of Clause 2 of Article 7.
đ) Replace the phrase "according to Model No. 55 (issued together with Circular No. 61/2017)" with the phrase "(according to Model No. 70 issued together with Circular No. 119/2021/TT-BCA)" in Point a of Clause 2 of Article 7.
e) Replace the phrase "(Model No. 16 issued together with Circular No. 61/2017)" with the phrase "(according to Model No. 24 issued together with Circular No. 119/2021/TT-BCA)" in Point b of Clause 2 of Article 7.
g) Replace the phrase "according to Model No. 09 (issued together with Circular No. 61/2017)" with the phrase "(according to Model No. 01 issued together with Circular No. 119/2021/TT-BCA)" in Clause 2 of Article 9.
h) Replace the phrase "form number 11 (Report on transfer of accusation, information about crimes, or recommendation for prosecution) issued together with Circular No. 61/2017" with the phrase "(form number 03 issued together with Circular No. 119/2021/TT-BCA)" in Article 11.
Article 2. Effective Date
This Circular takes effect from February 14, 2022.
Article 3. Responsibility for Implementation
1. The Office of the Criminal Police Investigation Department of the Ministry of Public Security shall take the lead and coordinate with relevant units to guide, inspect, and urge the implementation of this Circular.
2. Heads of units under the Ministry, Directors of Provincial Public Security Departments, Heads of Investigation Agencies at all levels, and Heads of agencies assigned to conduct certain investigative activities of the People's Public Security within their functions and tasks shall be responsible for organizing the implementation of this Circular.
3. The Criminal Police Investigation Agency 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 inspection and verification activities of accusations and information about crimes by police stations, wards, towns, and police posts.
4. During the implementation of this Circular, if there are any difficulties, local public security units shall report to the Ministry (through the Office of the Criminal Police Investigation Department of the Ministry of Public Security and the Investigation Security Bureau of the Ministry of Public Security) for timely guidance./.
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