Joint Circular No. 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC guiding the implementation of certain provisions of the Criminal Procedure Code and the Law on Enforcement of Criminal Penalties regarding arrest warrants.

 

JOINT CIRCULAR

Hguiding the implementation of certain provisions of Criminal Procedure Code and

LAmendment and Supplement to Certain Provisions of the Tobacco Control Law Tenforcement of criminal sentences regarding manhunt

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3. Amend Clause 3 Article 2 as follows:development to implement correctly and uniformly the provisions ofuCriminal Procedure Code 2003 and Law Thi on enforcement of criminal sentences 2010 regarding manhunt during the investigation, prosecution, trial, andNo.enforcement of criminal sentences, the Ministry of Public Security, the Ministry of Justice, the Supreme People's Procuracy, and thei Supreme People's Court issue this Joint Circular guiding the provisions of the Criminal Procedure Code and the Law on Enforcement of Criminal Sentences regarding manhuntdevelopment- Ministry of Finance (State Capital Corporation);No.This Circular guides the application of certain provisions of the Criminal Procedure Code and the Law on Enforcement of Criminal Sentences regarding manhunt during the investigation, prosecution, trial, and enforcement of criminal sentences.3cm Central AgenciesNo.Article 2. Persons subject to manhuntFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSManaged by the central government.No. 1. Suspects or defendants who have fled or whose whereabouts are unknown.i 2. Convicts sentenced to deportation or convicts serving a deportation sentence who have fled.,

PART I

GENERAL ISSUES

Article 1. Scope of Regulation

3. Convicts sentenced to imprisonment who have fled.

4. Convicts sentenced to death who have fled.

5. Convicts currently serving a prison sentence, convicts temporarily suspended from serving their sentence, or convicts whose execution of their sentence has been postponed who have fled.

Article 3. Principles of manhunt

1. The manhunt must be prompt, timely, and accurate in identifying the person and the criminal act, ensuring respect for citizens' freedom and democratic rights as provided by law.

2. It is strictly prohibited to issue a manhunt decision contrary to the provisions of the law and this Circular.

Article 4. Issuing a manhunt decision

1. The competent authority may only issue a manhunt decision when the following conditions are met:

a) There are sufficient grounds to determine that the persons specified in Article 2 of this Circular have fled or their whereabouts are unknown, and measures to verify and apprehend them have been taken but have not yielded results;

b) Their personal history and distinguishing features have been accurately identified.

2. When there are sufficient grounds to determine that suspects or defendants have fled or their whereabouts are unknown, and prior to this, the Investigative Agency, the Procuracy, or the Court had issued an arrest warrant to detain the suspect or defendant but were unable to execute it, then the Investigative Agency itself or at the request of the Procuracy or the Court shall issue a manhunt decision; if there was no previous arrest warrant to detain the suspect or defendant, the Investigative Agency, the Procuracy, or the Court shall not issue an arrest warrant to detain the suspect or defendant but the Investigative Agency itself or at the request of the Procuracy or the Court shall immediately issue a manhunt decision.

Article 5. Content of the manhunt decision

1. The manhunt decision must include the following main contents:

a) Date, month, year, and place of issuance of the manhunt decision;

b) Name of the agency, name and position of the person issuing the manhunt decision;

c) Full name, date of birth, place of permanent residence, place of temporary residence, or other place of residence (if applicable) of the person subject to the manhunt;

d) Distinguishing features and accompanying photograph (if available);

đ) The criminal charges initiated, prosecuted, or convicted, and the sentence pronounced by the Court against the person subject to the manhunt (if applicable);

e) Contact address and telephone number of the agency issuing the manhunt decision.

2. In cases where the suspect or defendant is charged with multiple crimes, the manhunt decision must fully record all the criminal charges against the suspect or defendant.

d) Identifying characteristics and accompanying photographs (if any);

đ) The criminal charges initiated, prosecuted, or for which the accused has been convicted, and the sentence pronounced by the Court (if any);

e) Address and contact telephone number of the agency that issued the arrest warrant.

2. In cases where the suspect or defendant commits multiple offenses, the arrest warrant must fully record all the offenses committed by the suspect or defendant.

Article 6. Issuing and Notifying the Warrant for Arrest

1. The warrant for arrest must be sent to:

a) Police stations at communes, wards, towns, and police departments at the district level where the person sought is registered as residing permanently or temporarily, where they reside, and their place of origin;

b) Provincial police departments where the person sought may hide or to all provincial and centrally governed city police departments;

c) The Criminal Investigation Bureau of the Ministry of Public Security; the Criminal Investigation Division of the provincial police department (where the warrant for arrest was issued);

d) The case file management agency (where the case file is registered);

e) The People's Procuracy that requested the issuance of the warrant for arrest; the People's Procuracy at the same level as the investigative agency issuing the warrant for arrest; the People's Procuracy at the provincial level where there is a prison or detention center, and the criminal enforcement agency issuing the warrant for arrest;

f) The People's Court that requested the investigative agency to issue the warrant for arrest.

2. The warrant for arrest shall be announced through mass media so that all agencies, organizations, and individuals are aware and can identify and apprehend the person sought.

Chapter II

WARRANT FOR ARREST DURING INVESTIGATION, PROSECUTION, TRIAL, AND ENFORCEMENT STAGES

Article 7. Warrant for Arrest During the Investigation Stage

1. During the investigation stage, if it is determined that a suspect has fled or their whereabouts are unknown, the investigative agency handling the case must issue a warrant for arrest and coordinate with the Criminal Investigation Force to organize the pursuit and capture.

2. In cases where a person under temporary detention or temporary imprisonment escapes from the detention facility, the head of the detention facility must immediately report to the head of the Investigative Police Department of the police force at the district level where the suspect fled, who will then direct the organization of forces to pursue and capture the suspect while issuing a decision to initiate a criminal case and indict the suspect for the crime of "Escaping from Detention" as stipulated in Article 311 of the Penal Code, and issue a warrant for arrest against the suspect (the warrant for arrest must clearly state other charges for which the person has been indicted).

3. In cases where a person under temporary detention or temporary imprisonment escapes from the detention center, the warden of the detention center must immediately organize forces to pursue and capture the suspect and simultaneously notify the investigative agency handling the case to issue a decision to initiate a criminal case and indict the suspect for the crime of "Escaping from Detention" as stipulated in Article 311 of the Penal Code, and issue a warrant for arrest against the suspect (the warrant for arrest must clearly state other charges for which the person has been indicted).

Article 8. Warrant for Arrest During the Prosecution Stage

1. During the prosecution stage, if it is determined that a suspect has fled, the People's Procuracy handling the case file must issue a written request to the investigative agency that handled the case to issue a warrant for arrest against the suspect.

2. If, after the time limit specified in Clause 1, Article 166 of the Criminal Procedure Code, the warrant for arrest against the suspect has not yielded results, the agency issuing the warrant for arrest must inform the People's Procuracy handling the case about the results of the warrant for arrest so that they have grounds to resolve the matter within their authority. If the suspect has still not been captured, the case will be resolved as follows:

a) In cases where the suspect's flight does not affect the determination of the objective and comprehensive facts of the case, the People's Procuracy separates the case and issues a decision to temporarily suspend the case against the fleeing suspect, while the other suspects in the case continue to be prosecuted according to the law;

b) In cases where the suspect's flight affects the determination of the objective and comprehensive facts of the case, the People's Procuracy must temporarily suspend the entire case.

Article 9. Issuing Warrants for Arrest in the Trial Stage

1. In cases where the Prosecutor has issued an indictment decision against the suspect and handed over the indictment to the suspect but has not yet transferred the case file to the Court and receives information that the suspect has fled, the Prosecutor shall still transfer the case file to the Court for acceptance and trial, and notify the Court about the suspect's flight so that the Court may request the Investigation Agency to issue a warrant for arrest of the suspect.

2. In cases where the Prosecutor notifies the Court of the suspect's flight after handing over the indictment (regardless of whether the case file has been transferred to the Court or not), as well as during the pre-trial stage if the suspect flees, the Court shall request the Investigation Agency to issue a warrant for arrest of the suspect and continue with the proceedings according to the general procedure. If the deadline for pre-trial preparation set forth in Article 176 of the Criminal Procedure Code has expired without any results from the warrant for arrest, the Court shall apply Article 180 of the Criminal Procedure Code to issue a decision to temporarily suspend the case. If the trial session has already commenced and the defendant flees, the Bench shall apply Clause 1 of Article 187 of the Criminal Procedure Code to issue a decision to temporarily suspend the case and request the Investigation Agency to issue a warrant for arrest of the defendant.

3. For cases guided in Clause 2 of this Article, where there are multiple suspects and defendants in the case, including those who have fled and those who have not, the Court shall still issue a decision to temporarily suspend the case for all suspects and defendants. For suspects and defendants who are under temporary detention and have not fled, if the period of temporary detention has expired and it is deemed necessary to continue temporary detention to complete the trial, the Court shall apply Article 177 of the Criminal Procedure Code to issue an order for temporary detention. If the deadline for pre-trial preparation has expired without any results from the warrant for arrest, the Court must immediately issue a decision to bring the case to trial and the Court shall try the defendant in absentia according to point a of Clause 2 of Article 187 of the Criminal Procedure Code.

4. Upon receiving a document from the Court requesting a warrant for arrest of the suspect or defendant, the Investigation Agency shall immediately issue a warrant for arrest and notify the Court of the decision to issue a warrant for arrest in accordance with Article 161 of the Criminal Procedure Code and the guidance provided in Article 6 of this Circular. If within one month from the date of receipt of the request, the warrant for arrest has not yielded any results, the Investigation Agency issuing the warrant for arrest shall notify the Court so that the Court may issue a decision to bring the case to trial in absentia of the person sought according to point a of Clause 2 of Article 187 of the Criminal Procedure Code.

5. In cases where the Court has requested the Investigation Agency to issue a warrant for arrest of the suspect or defendant, when the Court's judgment becomes legally effective, the Court does not need to request the Investigation Agency to issue a new warrant for arrest.

Article 10. Issuing Warrants for Arrest in the Execution Stage

1. A person sentenced to imprisonment who is on bail and flees after the execution decision is made, the Court issuing the execution decision shall issue a document requesting the Criminal Enforcement Agency of the Provincial Public Security Office where the person sentenced to imprisonment is on bail to issue a warrant for arrest.

2. A person who has completed the suspension period of imprisonment and flees after the Court issues the execution decision, the Court shall issue a document requesting the Criminal Enforcement Agency of the Provincial Public Security Office where the person resides to issue a warrant for arrest.

3. A person who has completed the temporary suspension period of imprisonment and flees after the Court issues the execution decision, the Court shall issue a document requesting the Criminal Enforcement Agency of the Provincial Public Security Office where the person resides to issue a warrant for arrest.

4. A person serving a sentence of imprisonment at a prison or detention center who flees, the Warden of the prison or detention center shall immediately organize forces to pursue and capture. Within 24 hours from the time of discovery of the person serving a sentence of imprisonment fleeing, if the pursuit and capture efforts are unsuccessful, the Warden of the prison or detention center under the Ministry of Public Security, the Head of the Criminal Enforcement Agency of the Provincial Public Security Office (if the person flees from a provincial detention center) shall issue a warrant for arrest and coordinate to organize the pursuit and capture.

5. A person sentenced to death who flees from a detention center while awaiting the execution decision, the Warden of the detention center shall immediately organize forces to pursue and capture. Within 24 hours from the time of discovery of the person sentenced to death fleeing, if the pursuit and capture efforts are unsuccessful, the Warden of the detention center under the Ministry of Public Security, the Head of the Criminal Enforcement Agency of the Provincial Public Security Office (if the person flees from a provincial detention center) shall issue a warrant for arrest and coordinate to organize the pursuit and capture.

6. A person serving a sentence of imprisonment at a temporary holding facility who flees, the Criminal Enforcement Agency of the County Public Security Office shall immediately organize forces to pursue and capture. Within 24 hours from the time of discovery of the person serving a sentence of imprisonment fleeing, if the pursuit and capture efforts are unsuccessful, the Head of the Criminal Enforcement Agency of the County Public Security Office shall issue a document requesting the Head of the Criminal Enforcement Agency of the Provincial Public Security Office to issue a warrant for arrest.

7. In cases where a person sentenced to deportation or a person serving a sentence of deportation flees, upon receiving notification from the place of residence or designated place of residence, the Criminal Enforcement Agency of the Provincial Public Security Office must immediately organize pursuit and capture; if the pursuit and capture efforts are unsuccessful, a warrant for arrest must be issued within seven days.

Article 11. In cases where the accused or defendant flees and commits a new crime, or during the investigation process, other criminal acts of the accused or defendant are discovered.

1. In cases where a person who is being sought for arrest commits a new crime while fleeing and is apprehended, the Investigative Agency handling the new case shall notify in writing the Investigative Agency that previously issued the warrant of arrest to issue a decision to revoke the warrant of arrest and cooperate in the investigation according to the provisions of the law.

2. In cases where a person who is being sought for arrest commits a new crime while fleeing and continues to flee, the Investigative Agency handling the new case shall issue a decision to initiate the criminal case, indict the accused, and issue a warrant of arrest against the accused for the new crime, and notify in writing the Investigative Agency that previously issued the warrant of arrest to cooperate in the pursuit and arrest.

3. In cases where the accused or defendant flees and has been issued a warrant of arrest but later the competent investigative agency determines that in addition to the crime for which the warrant was issued, the accused or defendant also committed another crime, in such cases, the Investigative Agency must complete the procedures to issue a warrant of arrest for the newly discovered crime.

Article 12. Splitting, temporarily suspending, and resuming the investigation of a case when there is an accused who is being sought for arrest.

1. For cases involving multiple accused, including an accused who is being sought for arrest, before concluding the investigation, the Investigative Agency shall issue a decision to split the criminal case related to the actions of the accused who fled (if such splitting does not affect the determination of the objective and comprehensive truth of the case), once the investigation period has expired, it shall issue a decision to temporarily suspend the investigation of the part related to the actions of the accused who fled and issue a decision to temporarily suspend the investigation of the accused who is being sought for arrest. Other accused in the case will still be investigated and recommended for prosecution according to the regulations.

2. When the fugitive accused is captured according to the warrant of arrest, the Investigative Agency that issued the warrant of arrest shall issue a decision to revoke the warrant of arrest and issue a decision to resume the investigation of the case and the accused according to Article 165 of the Criminal Procedure Code.

Chapter III

ISSUES TO BE IMPLEMENTED WHEN CAPTURING OR RECEIVING A PERSON WHO IS BEING SOUGHT FOR ARREST

Article 13. Handling when capturing or receiving a person who is being sought for arrest according to a warrant of arrest.

1. After capturing or receiving a person who is being sought for arrest (including cases where the person being sought for arrest surrenders themselves), the Investigative Agency that captures or receives the person being sought for arrest must take statements from the arrested person (establishing a statement, fingerprint, photograph of the arrested person) and immediately notify (with the statement, fingerprint, photograph of the arrested person) the agency that issued the warrant of arrest to come and receive the arrested person.

2. In cases where it is considered that the agency issuing the warrant of arrest cannot immediately receive the arrested person, the Investigative Agency that captures or receives the arrested person must issue a decision to temporarily detain and immediately send the decision to temporarily detain to the same-level People's Procuratorate. If the agency issuing the warrant of arrest still has not received the arrested person, at least 12 hours before the end of the temporary detention period, the Investigative Agency that captures or receives the arrested person must transfer the file along with a letter requesting the same-level People's Procuratorate to extend the temporary detention of the arrested person. The extension of the temporary detention period and the examination and approval of the extension of the temporary detention are carried out according to Clause 2 of Article 87 of the Criminal Procedure Code.

3. After receiving the notification accompanied by the statement, fingerprint, and photograph of the arrested person, the agency that issued the warrant of arrest must immediately check to determine whether the person is indeed the one being sought for arrest; if confirmed, they must immediately receive the arrested person; if not, they must immediately notify back so that the Investigative Agency holding the arrested person knows and handles according to the law. In cases where the agency issuing the warrant of arrest cannot immediately receive the arrested person, the agency with authority to arrest for temporary detention must immediately issue a temporary detention order and send the temporary detention order along with the warrant of arrest to the same-level People's Procuratorate for examination and approval. Within no more than 24 hours from the time of receiving the request for approval, the People's Procuratorate is responsible for examining and approving the temporary detention order for cases of arrest according to the warrant of arrest so that the agency issuing the warrant of arrest can promptly send the temporary detention order along with the approved decision to the Investigative Agency that captures or receives the arrested person. Upon receiving the temporary detention order that has been approved by the People's Procuratorate, the Investigative Agency that captures or receives the arrested person according to the warrant of arrest must immediately send the temporary detention order along with the People's Procuratorate's approval decision to the detention center or temporary detention facility where the arrested person is being held.

4. In cases where the person being sought for arrest by the Enforcement Agency of Criminal Sentences or prisons, detention centers, before the end of the temporary detention period of 12 hours, the agency issuing the warrant of arrest still cannot receive the arrested person, they must immediately send the final judgment with legal effect, the decision on enforcement of imprisonment sentence, or the decision on enforcement of expulsion penalty to the Investigative Agency that captures or receives the arrested person (if far away, fax these documents first then send the originals) as the basis for detaining, holding, or placing in a place of residence (for cases of enforcement of expulsion penalty).

5. In cases where the competent agency issues a warrant of arrest at the request of the People's Procuratorate or Court, within 24 hours from the time of receiving the written notification about the capture of the person being sought for arrest, the People's Procuratorate or Court that requested the warrant of arrest must immediately issue a temporary detention order and send it to the Investigative Agency that captures or receives the arrested person (if far away, fax the temporary detention order first then send the original), and simultaneously notify the agency issuing the warrant of arrest about the sending of the temporary detention order.

6. Before the end of the temporary detention period of 24 hours (including the extended temporary detention period), if the detention center or temporary detention facility has not received the temporary detention order from the Investigative Agency that issued the warrant of arrest or the temporary detention order from the People's Procuratorate or Court that requested the warrant of arrest, the detention center or temporary detention facility must immediately notify the Investigative Agency that captures or receives the person being sought for arrest. Immediately upon receiving the notification from the detention center or temporary detention facility, the Investigative Agency that captures or receives the person being sought for arrest must issue a written request for the agency issuing the warrant of arrest to immediately receive the arrested person.

7. In the case where a person has multiple arrest warrants, when apprehended pursuant to an arrest warrant issued by which authority, the Investigative Agency that apprehends or receives the wanted person shall notify such authority to come and take custody of the arrested person. The authority receiving the arrested person must inform other authorities that have issued arrest warrants about this matter so they can issue a decision to terminate the arrest warrant and cooperate in the investigation as prescribed by law.

8. When transferring the arrested person pursuant to an arrest warrant to the authority that issued the arrest warrant, the Investigative Agency that apprehends or receives the arrested person must hand over along with the file including: Record of arrest pursuant to the arrest warrant, record of statement of the arrested person, decision on temporary detention, decision on extension of temporary detention, order of detention, decision approving the detention order, copies, originals, and other related documents (if any). A record must be established upon transfer according to regulations.

9. When escorting a wanted person and it is necessary to stay overnight, the escorting officer must present identification and request to detain the wanted person at the nearest temporary holding facility or detention center. The head of the temporary holding facility or the warden of the detention center shall be responsible for checking the relevant files of the wanted person and simultaneously processing the procedures for receiving the wanted person.

Article 14. Application of preventive measures and procedures for handling when arresting a wanted person for a less serious offense.

When arresting or receiving a suspect or defendant who is wanted for a less serious offense as defined by the Criminal Code with a sentence of imprisonment of up to two years, the Investigative Agency that apprehends or receives the arrested person shall issue a decision on temporary detention. Upon expiration of the temporary detention period or its extension, the Investigative Agency handling the case must apply other preventive measures as prescribed by the Criminal Procedure Code.

Article 15. Application of preventive measures when arresting a minor who is wanted.

1. A wanted person aged from fourteen to under sixteen or from sixteen to under eighteen may be temporarily detained or detained if there are sufficient grounds as stipulated in Articles 82, 86, 88, 120, and 303 of the Criminal Procedure Code.

2. In cases where a minor commits a crime and an arrest warrant is issued, but when apprehended, they have become an adult (aged eighteen or older), then preventive measures such as temporary detention or detention may be applied according to the provisions of the Criminal Procedure Code as for adults.

Article 16. Handling the case of a wanted person surrendering themselves.

1. When a wanted person surrenders themselves, state agencies, social organizations must immediately report to the nearest police agency to send someone to receive and record the fact that the wanted person has surrendered. If a wanted person surrenders themselves at a police agency, prosecution office, or local people's committee, these agencies must record the fact that the wanted person has surrendered and immediately transfer them to the competent investigative agency.

2. Upon receiving a wanted person who has surrendered themselves, the Investigative Agency must record the fact that the wanted person has surrendered (if the transferring agency has not recorded it) and take statements regarding the criminal act, the process of evasion, reasons for surrender, and other related issues.

3. A person who is a wanted criminal and surrenders themselves shall be considered a mitigating circumstance as provided for in Clause 2, Article 46 of the Criminal Code.

4. A person who has been sentenced to imprisonment and is wanted for having escaped, if they surrender themselves while suffering from a serious illness (with a conclusion from a medical board of a provincial-level hospital or higher), pregnant women (confirmed by a county-level general hospital or higher), persons caring for a child under thirty-six months old, or the sole breadwinner in the family (confirmed by local authorities), and if their execution of the prison sentence would cause the family to face particularly difficult circumstances, the court may suspend the execution of the prison sentence according to Article 61 of the Criminal Code.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from December 1, 2012. Any guiding documents issued by the Ministry of Public Security, the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court concerning the implementation of certain provisions of the Criminal Procedure Code and the Law on Execution of Criminal Sentences on wanted persons that contradict the provisions of this Circular shall be abolished.

Article 18. Implementation Organization

The Ministry of Public Security, the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court shall be responsible for disseminating, guiding, monitoring, and inspecting the implementation of this Circular. During the implementation process, if there are difficulties, units and localities shall report to the Ministry of Public Security, the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court for timely guidance.

During the implementation process, if there are difficulties, units and localities shall report to the Ministry of Public Security, the Ministry of Justice, the Suprdevelopmenteme People's Procuracy, the3cm Supreme People's Court for timely guidance./.​