Circular No. 13/2016/TT-BCA on the implementation of the duty to protect court sessions by the People's Public Security forces

CIRCULAR
Regulations on the performance of courtroom security duties
of the People's Public Security Forces

Pursuant to the Law on Public Security Officers 2015;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the General Director of the Criminal Enforcement and Judicial Assistance Police Department;

The Minister of Public Security issues this Circular stipulating the implementation of courtroom security duties by the People's Public Security forces,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the principles, tasks, responsibilities, and coordination relationships in the implementation of courtroom security duties by the People's Public Security forces.

Article 2. Applicability

This Circular applies to public security officers performing courtroom security duties and other agencies, organizations, and individuals related to courtroom security work.

Article 3. Principles of courtroom security

1. Compliance with the Constitution and laws.

2. Ensuring absolute safety for the Bench, prosecutors, parties involved in litigation, attendees at the trial, and case files, evidence, and exhibits.

3. Implementation according to plans and schemes approved by competent authorities.

4. Prompt, accurate, and appropriate handling of matters within authority; strict adherence to orders from the courtroom security commander; no departure from assigned positions without command authorization.

5. Courtroom security shall only be implemented upon request of the People's Court.

Chapter II

PERFORMANCE OF COURTROOM SECURITY DUTIES

Article 4. Unit responsible for implementing courtroom security duties

The Criminal Enforcement and Judicial Assistance Police units at all levels in the People's Public Security have the responsibility to lead and coordinate with local police units and relevant agencies, organizations, and individuals to ensure the security of trials.

Article 5. Development of plans and schemes for courtroom security

1. Upon receiving a request for courtroom security from the People's Court, the Criminal Enforcement and Judicial Assistance Police unit must develop a security plan for approval by the head of their enforcement agency. The development process and content of the plan are as follows:

a) Prior to developing the security plan, a thorough investigation of the actual situation must be conducted, including understanding the nature and characteristics of the case; the level of criminal activity; the number of defendants, witnesses, and participants in the proceedings; the anticipated number of attendees; the time, location, weather conditions, and political and social security situation where the trial will take place, public opinion (especially in complex cases involving national security, social order, beliefs, religions, ethnicities, mass complaints), and other factors related to courtroom security;

b) The content of the plan includes: Objectives, requirements, and situational characteristics; assignment of overall commanders, courtroom security commanders, and external area security commanders; allocation of officers and soldiers to specific positions; deployment of personnel, equipment, weapons, and support tools; communication protocols; coordination responsibilities among forces; implementation organization and other necessary activities.

2. Based on the security plan, the Criminal Enforcement and Judicial Assistance Police unit develops a security scheme for approval by the head of their enforcement agency.

The content of the scheme includes anticipated scenarios and response measures.

3. For the security of trials in particularly serious and complex cases concerning national security and social order, a Security Command Board must be established.

Article 6. Deployment of court security forces

1. Based on the characteristics, nature of the case, trial location, number of defendants, witnesses, litigation actors, participants in the proceedings, and attendees at the hearing, appropriate deployment of court security forces shall be made. Each hearing must have at least two officers or soldiers assigned to provide security.

2. For hearings involving complex cases that cause public concern, organized crimes, national security offenses, or mobile hearings, additional forces may be deployed with supplementary equipment, weapons, support tools, and technical devices according to specific areas, coordinating with local authorities and military forces stationed in the area to ensure security for the hearing.

3. Based on the approved general plan and scheme, units assigned to coordinate in providing security for the hearing shall develop their own detailed plans and schemes to implement them, ensuring the completion of assigned tasks.

Article 7. Implementation of Security Plans and Assignment of Security Tasks for Court Hearings

Prior to undertaking the security task for the hearing, the head of the security team shall convene a meeting with the assigned officers and soldiers to disseminate and enforce the content of the security plan and scheme, assign specific tasks to each group and individual officer or soldier; inspect the preparation work of the officers and soldiers regarding weapons, support tools, means, and technical equipment for implementing the security task. Organize a practical exercise of the security plan if deemed necessary.

Article 8. Execution of Court Hearing Security Work

1. Officers and soldiers tasked with providing security for the hearing must be present at least 30 minutes before the opening of the hearing.

2. Officers and soldiers tasked with providing security for the hearing must strictly check, control, and guide individuals entering the courtroom or mobile trial site to attend the hearing in accordance with regulations.

3. In cases where the number of attendees exceeds the capacity of the courtroom, the head of the security team must report to the presiding judge to take measures to limit the number of people entering the courtroom.

Article 9. Security within the Courtroom

Officers and soldiers tasked with providing security within the courtroom must fulfill their assigned duties; remind attendees to sit in designated positions, closely monitor the actions of defendants, victims, civil plaintiffs, civil defendants, parties with interests or obligations related to the case, and other attendees, and have the responsibility to remind, correct those violating internal rules and regulations of the hearing, preventing any loss of security, disorder, threats, attacks on the bench, destruction, theft of case files, evidence, or mutual assaults among defendants.

Article 10. Security outside the Courtroom

1. Officers and soldiers tasked with providing security outside the courtroom must fulfill their assigned duties and positions, regularly patrol, guard, control, and closely monitor checkpoints, areas between entry points to the courtroom, isolation zones, vehicle parking areas, transportation means, promptly detect and prevent any obstruction, attack on escorting activities, assault, or escape of defendants.

2. Coordinate with other forces to prevent disorder in the area outside the courtroom affecting the trial process, arrange alternative routes when necessary to ensure safety for the bench and defendant escort operations.

3. If there are complex developments in the order outside the courtroom, the head of the security team must promptly report to the competent authority to reinforce supporting forces.

Article 11. Conclusion of the Court Session

1. Security officers on duty for protecting the court session may leave their posts only after the Bench, participants in the court session, escort and accompanying personnel have left the trial area for at least 15 minutes. Thereafter, the head of security for the court session shall check the number of personnel, equipment, weapons, and support tools, and issue orders for security officers to leave their posts and return to their units.

2. The police station of the commune, ward, town where the court session takes place shall continue to maintain public order and safety after the security forces for the court session and other participating forces have left the trial area. They must prevent relatives and associates of the defendant from gathering, shouting, causing disturbances, or damaging property that disrupts public order.

Chapter III

HANDLING OF COURT SESSION DISORDER SITUATIONS

Article 12. Handling of disorder situations during the court session

1. Security officers on duty for protecting the court session shall be responsible for compelling individuals violating the court session's rules and regulations to leave the courtroom or arrest them according to the decision of the Presiding Judge.

2. Security officers on duty for protecting the court session shall be responsible for strictly controlling participants in the court session based on summonses and invitations issued by the Court, and other related documents. They shall not allow participants in the court session to bring prohibited items into the courtroom; if such items are discovered, they must immediately confiscate them and report to the Presiding Judge.

3. In the courtroom, if there is an individual engaging in behavior that violates the court session's rules and regulations and the Presiding Judge has not yet noticed it, security officers on duty for protecting the court session shall be responsible for preventing such behavior; in serious cases, they must promptly report to the Presiding Judge.

4. In case of complex situations that disrupt the court session's order, the head of security for the court session must handle the situation according to the approved plan, promptly report and seek instructions from authorized persons.

Article 13. Handling of fire and explosion incidents during the court session

1. If explosive materials, bombs, or mines are discovered, security officers on duty for protecting the court session shall immediately report to the Presiding Judge to evacuate everyone from the dangerous area and notify the specialized agencies to handle the situation, while simultaneously reporting to authorized persons for guidance on resolution.

2. In case of fire or explosion, security officers on duty for protecting the court session must cooperate with other forces to immediately evacuate everyone from the dangerous area according to the approved plan; implement firefighting measures and use firefighting equipment to extinguish the fire, immediately notify the Fire Prevention and Fighting Police Force, and simultaneously report and seek instructions from authorized persons; provide emergency medical care to injured persons (if any); immediately apprehend individuals violating the law and hand them over to competent authorities for handling; cooperate with local police to secure the scene and assist in the investigation of the incident.

Article 14. Handling of mass gatherings disrupting the order of the trial area

When a situation of mass gatherings disrupting the order occurs in the trial area, security officers on duty for protecting the court session must publicize and request everyone to disperse voluntarily and stop disrupting the order.

If, after publicity and requests, those who gathered and disrupted the order do not comply, security officers on duty for protecting the court session must immediately implement the approved court session protection plan, concentrate forces to prevent disruptive behavior, isolate, and apprehend those opposing, instigating, and leading the disruption when necessary.

If the situation becomes complicated, security officers on duty for protecting the court session must immediately report and propose to the Presiding Judge to suspend the trial and ensure the safety of the Bench, litigation conductors, litigation participants, case files, evidence, and exhibits; cooperate with escort officers to transfer the defendant to a quarantine area.

Chapter IV

COOPERATION IN THE IMPLEMENTATION OF COURT SESSION PROTECTION TASKS

Article 15. Coordination relationship between police forces and courts in courtroom security work

1. The Criminal Enforcement Police and Judicial Assistance Unit, when requested to provide courtroom security, must propose that the court exchange relevant information about the case to serve the planning and formulation of security plans and measures, such as escorting defendants who are at liberty, bringing witnesses to court, apprehending defendants during the trial to ensure enforcement of judgments, and other necessary measures, and convene meetings with related agencies and units to unify the organization of courtroom security work.

2. The courtroom security commander must promptly inform the presiding judge of the situation regarding events related to courtroom security.

Article 16. Coordination relationship among police forces participating in courtroom security

1. When an incident occurs within the jurisdiction of multiple individuals or agencies, the individual or agency that discovers it first has the responsibility to resolve the incident and then transfer it to the individual or agency with primary jurisdiction for resolution.

If the incident does not fall within the jurisdiction of the police forces currently tasked with courtroom security, they must report to the competent authority for consideration and decision.

2. When an incident occurs where the jurisdiction to resolve each stage belongs to different agencies, these agencies must discuss and unify to resolve the incident.

3. In special situations such as terrorism, hostage-taking, fire, or explosion, the courtroom security commander must immediately report to specialized agencies and forces and urgently implement the coordination plan as previously planned.

Article 17. Coordination relationship between the Criminal Enforcement Police and Judicial Assistance Force and other police forces in the People's Public Security

The Criminal Enforcement Police and Judicial Assistance Force is the core force in performing courtroom security tasks. Other police forces in the People's Public Security, when assigned to coordinate in performing courtroom security tasks, must proactively develop plans, measures, arrange personnel, equipment, and tools, and cooperate with the Criminal Enforcement Police and Judicial Assistance Force to perform courtroom security tasks.

Article 18. Relationship between the courtroom security commander and officers and soldiers of other police forces in the People's Public Security

Officers and soldiers of other police forces in the People's Public Security, when performing coordinated courtroom security tasks, have the responsibility to execute and comply with the orders of the courtroom security commander.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from April 24, 2016, and replaces the provisions on courtroom security in the Courtroom Security Procedures, Escort of Defendants, and Bringing Witnesses to Court issued together with Decision No. 810/2006/QĐ-BCA(C11) dated July 4, 2006, by the Minister of Public Security on Courtroom Security Procedures, Escort of Defendants, and Bringing Witnesses to Court and Execution of Capital Punishment Procedures.

Article 20. Responsibility for Implementation

1. Comrades General Directors, Commanders, Heads of Units under the Ministry, Provincial Police Chiefs, Fire Prevention and Fighting Chiefs of centrally governed cities within their functional, task, and authority scope are responsible for organizing the implementation of this Circular.

2. The Criminal Enforcement Police and Judicial Assistance General Corps is responsible for guiding, inspecting, and urging the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Criminal Enforcement Police and Judicial Assistance General Corps) for timely guidance.