Circular No. 15/2003/TT-BCA(V19) guiding the activities of judicial support of the police force for protection and judicial support under the People's Public Security

CIRCULAR

Guidelines for Judicial Support Activities of the Police Force for Protection and Judicial Support under the People's Public Security

protection and support of justice under the People's Public Security Force

In order to ensure consistency in judicial support activities of the Police Force for Protection and Judicial Support under the People's Public Security, the Ministry of Public Security provides guidelines for their activities as follows:

1. The Police Force for Protection and Judicial Support under the People's Public Security (hereinafter referred to as the Police Force for Protection and Judicial Support) is a force entrusted with the responsibility of protecting criminal court sessions and, upon request, civil, administrative, economic, labor, marriage and family court sessions (hereinafter referred to as court sessions); escorting witnesses, apprehending, escorting suspects and defendants, and persons subject to enforcement decisions at the request of competent investigative agencies; protecting detention centers and temporary detention camps under the People's Public Security; supporting the enforcement of criminal, civil judgments and other judgments prescribed by law at the request of competent enforcement agencies; directly enforcing death sentences; managing evidence storage facilities under the People's Public Security.

The protection of detention centers and temporary detention camps under the People's Public Security shall be carried out in accordance with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government promulgating the Regulations on Detention and Pre-Trial Detention.

The management of evidence storage facilities under the People's Public Security shall be carried out in accordance with Circular No. 06/2003/TT-BCA(V19) dated March 12, 2003 of the Minister of Public Security guiding the implementation of certain provisions of the Regulations on Evidence Storage Management (issued together with Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government) within the People's Public Security forces.

2. Judicial support activities of the Police Force for Protection and Judicial Support must ensure promptness, timeliness, accuracy, and effectiveness. Any abuse of position or authority during the performance of duties to infringe upon the lawful rights and interests of individuals, agencies, or organizations is strictly prohibited. Officers and soldiers of the Police Force for Protection and Judicial Support must be trained and instructed in necessary professional knowledge regarding judicial support activities.

3. The commander of the Police Force for Protection and Judicial Support at the Ministry of Public Security is the Deputy Director of the Criminal Police General Department assigned by the Director; the commander of the Police Force for Protection and Judicial Support at provincial public security departments is the Deputy Director of the provincial public security department responsible for police affairs; the commander of the Police Force for Protection and Judicial Support at county-level public security departments is the Deputy Head of the county-level public security department responsible for police affairs. The Police Force for Protection and Judicial Support tasked with guarding temporary detention camps under the People's Public Security is under the direct management and command of the camp warden.

Commanders of the Police Force for Protection and Judicial Support at all levels are responsible for organizing the implementation of requirements from investigative agencies, People's Procuracy, and People's Courts (hereinafter referred to as investigative agencies) at the same level or higher concerning the protection of court sessions, escorting witnesses, apprehending, escorting suspects and defendants, and persons subject to enforcement decisions; supporting the enforcement of criminal, civil judgments and other judgments prescribed by law at the request of competent enforcement agencies; organizing forces to enforce death sentences at the request of the Death Sentence Enforcement Council.

4. The authority in judicial support activities of the Police Force for Protection and Judicial Support is allocated as follows:

a) The Police Force for Protection and Judicial Support at the Ministry of Public Security is responsible for implementing requests from central-level investigative agencies and competent enforcement agencies regarding the protection of court sessions, apprehending, escorting suspects and defendants, and persons subject to enforcement decisions, escorting witnesses, and supporting the enforcement of criminal, civil judgments and other judgments prescribed by law; directing and instructing business operations for subordinate units of the Police Force for Protection and Judicial Support; instructing protective operations for the Police Force for Protection and Judicial Support tasked with guarding detention centers and temporary detention camps under the People's Public Security.

b) The Police Force for Protection and Judicial Support under provincial public security departments is responsible for implementing requests from provincial-level investigative agencies or higher and competent enforcement agencies regarding the protection of court sessions, apprehending, escorting suspects and defendants, and persons subject to enforcement decisions, escorting witnesses, and supporting the enforcement of criminal, civil judgments and other judgments prescribed by law; organizing the protection of temporary detention camps under provincial public security departments; directly enforcing death sentences at the request of the provincial-level Death Sentence Enforcement Council and directing and instructing business operations for county-level units of the Police Force for Protection and Judicial Support.

c) The Police Force for Protection and Judicial Support under county-level public security departments is responsible for implementing requests from county-level investigative agencies or higher and competent enforcement agencies regarding the protection of court sessions, apprehending, escorting suspects and defendants, and persons subject to enforcement decisions, escorting witnesses, and supporting the enforcement of criminal, civil judgments and other judgments prescribed by law; organizing the protection of detention centers under county-level public security departments; coordinating with provincial-level units of the Police Force for Protection and Judicial Support in enforcing death sentences and organizing the burial of bodies of those executed if the death sentence is carried out locally.

5. When there is a request for judicial support from authorized agencies, units of the Police Force for Protection and Judicial Support are responsible for receiving documents as stipulated in Sections 6, 7, 8, and 9 of this Circular and proposing plans and solutions for resolution, submitting them to authorized officers for approval as stipulated in Section 3 of this Circular.

6. Upon receipt of the decision to bring the case to trial and the letter requesting protection of the court session from the Court, the Police Force for Protection and Judicial Support is responsible for:

a) Arranging personnel, weapons, supportive tools, and protective means for the court session according to the approved plan and solution.

b) Prevent unauthorized contact with the defendant during the trial;

c) Maintain order at the courtroom as directed by the presiding judge; protect the safety of those conducting proceedings, participating in proceedings, and attending the trial; prevent, arrest, and promptly handle individuals who commit acts of theft, destruction of documents, files, and evidence being used at the trial for adjudication purposes; arrest or remove from the courtroom individuals causing disorder upon the order of the presiding judge;

d) Prevent and stop the defendant from communicating with co-defendants, committing suicide, escaping, or engaging in dangerous behavior;

đ) Prevent and stop acts of attacking, obstructing the trial; disperse and arrest individuals who attack, obstruct the trial, or rescue defendants or detainees at the trial upon the order of the presiding judge;

e) Coordinate with relevant agencies and units to organize the urgent transfer of the defendant and other participants in the trial to a safe location when there is a threat to the safety of the trial;

g) Immediately organize the pursuit and arrest of the defendant or individuals ordered to be arrested by the presiding judge who have escaped, and immediately notify the Investigative Agency and the Prosecution Office at the same level;

h) Develop plans and schemes to coordinate with the People's Armed Forces and local authorities to proactively deploy support forces when necessary;

7. When apprehending, escorting suspects, defendants, or individuals subject to criminal enforcement decisions, it must be done pursuant to an arrest warrant, summons, and a request for apprehension and escort issued by the requesting agency;

Upon receiving the summons from the Court, the Judicial Protection Police Force must immediately inform the temporary detention facility where the suspect or defendant is held so that they may plan and cooperate in the execution;

The procedure for apprehending individuals shall be carried out in accordance with the provisions of criminal procedural law;

When escorting witnesses, it must be done pursuant to a witness summons, decision on escorting witnesses, and a request for escorting witnesses issued by the requesting agency;

The Judicial Protection Police Force, when executing requests for apprehension and escort of suspects, defendants, or individuals subject to criminal enforcement decisions, and escorting witnesses, shall be responsible for:

a) Deploying personnel, weapons, supportive tools, means, and carrying out the apprehension, escorting, and escort of suspects, defendants, or individuals subject to criminal enforcement decisions, and escorting witnesses according to approved plans and schemes;

b) Preventing and stopping escape, communication between co-defendants, suicide, unauthorized contact, or acts of resistance by the apprehended, escorted, or escorted individuals;

c) Preventing, stopping, dispersing, or arresting individuals who commit acts of attacking, rescuing the apprehended, escorted, or escorted individuals;

d) Organizing immediate pursuit and arrest of suspects or defendants who escape during apprehension, escorting, or escorting, or individuals sentenced to imprisonment or death who escape;

đ) Coordinating with other forces within the Public Security sector and local authorities to organize the apprehension and escort of suspects, defendants, or individuals subject to criminal enforcement decisions;

8. Upon receipt of a decision to enforce a judgment, criminal decision, civil decision, and other decisions prescribed by law, along with a request for assistance in enforcing the judgment from the enforcement agency, the Judicial Protection Police Force shall be responsible for:

a) Deploying personnel, weapons, supportive tools, means to ensure order and security for the enforcement of the judgment according to approved plans and schemes;

b) Dispersing and arresting individuals who obstruct or attack those responsible for enforcing the judgment;

c) Protecting the safety of seized assets, preventing individuals required to comply with the judgment or others from committing acts of disposing, destroying, or appropriating seized assets;

9. Upon receipt of a request for enforcement of a death penalty judgment accompanied by a decision to enforce the death penalty from the President of the Court that rendered the first-instance judgment, the Judicial Protection Police Force shall be responsible for:

a) Deploying personnel, weapons, supportive tools, means to carry out the task of enforcing the death penalty according to approved plans and schemes, and informing the local public security agency where the execution site is located to coordinate in maintaining order and security during the enforcement of the judgment;

b) Escorting the person sentenced to death from the prison to the execution site;

c) Preventing and stopping the person sentenced to death from escaping, committing suicide, or engaging in actions endangering the safety of those executing the task and others during escorting and enforcement. Coordinating with relevant agencies and units to maintain order and security at the execution site; preventing, stopping, dispersing, or arresting individuals who attack or obstruct the enforcement of the judgment or rescue the person sentenced to death;

d) Coordinating with relevant agencies and units to organize the urgent transfer of the person sentenced to death to a safe location when there is a threat to the safety of the enforcement of the judgment. Requesting the People's Armed Forces and local authorities to support the protection of the execution site when necessary;

đ) Implementing the decision to postpone the enforcement of the death penalty by the Death Penalty Enforcement Council and organizing the escort of the person sentenced to death back to the place of detention;

e) Directly enforcing the death penalty and organizing the burial of the body of the person executed;

10. The Judicial Protection Police Force, when performing the task of protecting temporary detention facilities and prisons, shall be responsible for:

a) Deploying personnel, weapons, supportive tools, means to protect temporary detention facilities and prisons according to approved plans and schemes;

b) Preventing and stopping unauthorized contact with individuals detained, imprisoned, or incarcerated within the protected area;

c) Stopping and pursuing immediately individuals detained, imprisoned, or incarcerated who escape or engage in dangerous actions;

d) Preventing, stopping, and arresting individuals who attack or engage in dangerous actions against temporary detention facilities or prisons;

đ) Protecting and supporting the urgent transfer of individuals detained, imprisoned, or incarcerated to a safe location when there is a threat to their safety;

e) Have plans and schemes to coordinate with the people's armed forces and local authorities to proactively deploy support forces when necessary.

11. While performing their duties, the judicial protection and support police force may use weapons, auxiliary tools, special means, and other necessary means in accordance with the provisions of the law.

The funding for equipping and serving the activities of judicial support by the judicial protection and support police force shall be guaranteed from the state budget, allocated within the budget estimate of the Ministry of Public Security and other sources of funding as prescribed by law.

12. Entrust the General Police Department with the responsibility to lead and coordinate with relevant provincial public security units to inspect and urge the implementation of this Circular.

The heads of the General Directorates, the heads of subordinate units under the Minister, and the Directors of provincial public security services directly under the Central Government are responsible for implementing this Circular.

This Circular takes effect fifteen days after its publication in the Official Gazette. During the implementation process, if there are any difficulties or new issues arising, the relevant provincial public security units must report to the Ministry (through the General Police Department) for timely guidance./.