This Joint Circular details the application of the measure of depositing money as security in criminal and civil proceedings in Vietnam. The main contents include provisions on the scope of application, procedures for requesting to deposit money as security, decisions allowing the deposit, cancellation of the decision to deposit, refunding deposited money, and confiscation of deposited money into the State Treasury if necessary. This Circular takes effect from January 15, 2014.
适用范围
Defendants in criminal proceedings; parties in civil proceedings
要点
- Procedures for requesting to deposit money as security
- Decision allowing the deposit of money
- Cancellation of the decision to deposit money
- Refunding deposited money
- Confiscation of deposited money into the State Treasury
🌐 本文件的社会影响
- Ensuring the rights of parties in civil and criminal proceedings
- Preventing violations of procedural laws
- Ensuring fairness and transparency in the procedural process
❓ 常见问题
Who may request to deposit money as security?
Defendants in criminal proceedings; parties in civil proceedings have the right to request to deposit money as security
How is the decision to cancel the deposit of money as security made?
The decision to cancel the application of the measure of depositing money as security is issued by the investigative authority and must be notified to the party concerned.
When will deposited money be refunded?
Deposited money will be refunded when there is a decision to cancel the application of the measure of depositing money as security.
全文
JOINT CIRCULAR
Guidelines on depositing money as security pursuant to the provisions
of Article 93 of the Criminal Procedure Code
_________________
To ensure correct and consistent application of the provisions of the 2003 Criminal Procedure Code regarding the deposit of money as security in criminal proceedings, the Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Procuracy, and the Supreme People's Court issue this Joint Circular guiding on the deposit of money as security pursuant to Article 93 of the 2003 Criminal Procedure Code.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Joint Circular provides specific guidance on the subjects, conditions, authority, procedures, and cancellation of the measure of depositing money as security; returning money deposited as security according to Article 93 of the 2003 Criminal Procedure Code.
2. This Joint Circular applies to defendants who are under temporary detention, judicial organs, prosecutors, detention facilities, and other organizations, entities, or individuals related to the matter.
Article 2. Principles for Applying the Measure of Depositing Money as Security
Judicial organs must fully consider the nature and degree of social danger of the criminal act, the personal background, and financial status of the defendant when deciding to apply the measure of depositing money as security instead of temporary detention based on ensuring effectiveness in preventing such measures. apply a deposit guarantee measure in lieu of pre-trial detention.
Article 3. Conditions for Applying the Measure of Depositing Money as Security
1. Judicial organs decide to apply the measure of depositing money as security when the following conditions are met:
a) The defendant commits the offense for the first time; has a clear place of residence; sincerely confesses and shows remorse;
b) The defendant has the financial capability to deposit security as prescribed. For defendants who are minors or have mental deficiencies and do not have or do not have enough money to deposit security, the financial capability of their legal representatives should be considered;
c) There is evidence to determine that after being released on bail, thedefendant will appear
as required by the summons from the judicial organ and will not destroy, conceal evidence or engage in any other actions obstructing investigation, prosecution, or trial;
d) Releasing the defendant on bail will not affect national security or public order;
đ) Not falling within any of the cases stipulated in Clause 2 of this Article.
2. The measure of depositing money as security shall not be applied if it falls within any of the following cases: in the following cases:
a) The defendant commits one of the offenses against national security; offenses undermining peace, humanity, and war crimes;
b) The defendant commits a particularly serious offense;
c) The defendant commits a very serious offense intentionally infringing upon human life, health, dignity, reputation; very serious offenses involving drug-related crimes, corruption, economic management violations; offenses involving robbery, kidnapping for ransom, extortion, snatch theft, open theft;
d) The defendant is detained under arrest warrant or decision for wanted person;
đ) The defendant is a professional criminal;
e) The defendant is a drug addict;
g) The defendant is an organizer in organized crime cases;
h) The criminal act causes negative public opinion among the people.
Article 4. Money deposited as security
1. Money deposited as security is Vietnamese dong cash, including: a) Money legally owned by the defendant;
b) Money legally owned by the legal representative of the defendant who is a minor or has mental deficiencies.
2. Money belonging to any of the following situations shall not be deposited as security:
a) Money currently in dispute;
b) Money currently being used to guarantee the performance of another obligation under the law;
c) Money with illegal sources.
Amount of money deposited as security
Article 5. 1. Based on the nature and degree of social danger of the criminal act, the personal background of the defendant, and the financial capability of the defendant or the legal representative of the defendant who is a minor or has mental deficiencies
(hereinafter referred to as the legal representative), the Investigative Agency, the Prosecution Office, and the Court shall decide the specific amount of money the defendant must depositas security, but not less than: a) Twenty million Vietnamese dong for less serious offenses;
b) Eighty million Vietnamese dong for serious offenses;
2. In the following cases, the Investigative Agency, the Prosecution Office, and the Court may decide the amount of money to be deposited
c) Two hundred million Vietnamese dong for very serious offenses;
as security lower but not less than half (1/2) of the corresponding amount prescribed in Clause 1 of this Article: a) The defendant belongs to a poor household or has difficult economic conditions;
b) The defendant is a veteran, wounded veteran, awarded the title of Heroic Forces Soldier, Labor Hero, People's Teacher, People's Doctor, or awarded Medals, War Resistance Medals, and titles of Brave Soldiers in the Anti-American War, is the legitimate child or adopted child of a Mother Heroine of Vietnam, is the legitimate child or adopted child of a family awarded the "Family Contributing to the Country" plaque;
The defendant is a minor or has mental deficiencies.war veterans, disabled veterans, persons awarded the title of Heroic Forces Soldier, Labor Hero, National Teacher, People's Doctor, or awarded Medals, War Commendation Badges, titles of Heroes in the Anti-American Resistance War, are legitimate children or adopted children of Mothers Heroic in the Resistance War, or legitimate children or adopted children of families awarded the "Family Contributing to the Nation" plaque;
specialized agency under the People's Committee of the province/city.) The accused is a minor or a person with mental deficiencies.
Article 6. Management of money placed as security ||| Commissioned scientific and technological tasks
1. The agency managing money placed as security shall ensure:
a) Money placed as security during the investigation and prosecution phase is managed at the State Treasury, in the temporary holding account of the investigative agency conducting proceedings for the case.
b) Money placed as security during the trial phase is managed at the State Treasury, in the temporary holding account of the civil enforcement agency at the same level where the court of first instance is located.
c) Money placed as security according to the decision of the investigative agency in the military, Military Procuracy, and Military Court is managed at the corresponding financial agency within the Military.
2. The State Treasury and the financial agencies in the Military shall be responsible for:
a) Receiving and managing money placed as security in accordance with the guidance provided in this Joint Circular and other relevant laws;
b) Returning money placed as security to the defendant or person authorized by the defendant or their legal representative in accordance with the guidance provided in this Joint Circular;
c) Closely coordinating with the agency that decides on placing money as security and facilitating the transfer of money placed as security.
Chapter II
PROCEDURE AND PROCEDURAL REQUIREMENTS FOR APPLYING THE MEASURE OF PLACING MONEY AS SECURITY
Article 7. Notification of placing money as security
1. When it is deemed that the defendant has the necessary conditions to apply the measure of placing money as security, the agency conducting proceedings for the case shall send a notification regarding the placement of money as security to them through the detention facility.
For adult defendants, the notification shall be accompanied by a sample application form requesting to place money as security instead of pretrial detention and a sample power of attorney for the representative to carry out the placement of money as security.
For juvenile defendants or those with mental deficiencies, the notification shall be accompanied by a sample application form requesting to place money as security instead of pretrial detention; simultaneously, the agency conducting proceedings shall send a notification to their legal representatives.
2. Within one working day from the date of receipt of the notification and accompanying forms, the detention facility shall be responsible for transferring them to the defendant. If the defendant wishes, they shall be provided with the opportunity to complete the forms.
Article 8. Procedure for requesting to place money as security deposit guarantee
1. Within five days from the date of receipt of the notification regarding the placement of money as security and accompanying forms, if the defendant wishes to request to place money as security instead of pretrial detention, they must complete the application form and power of attorney (for adults) and submit it to the notifying agency through the detention facility.
Within one working day from the date of receipt of the defendant's application form and power of attorney, the detention facility shall be responsible for transferring them to the agency conducting proceedings for the case.
2. Within one working day from the date of receipt of the defendant's application form and power of attorney, the representative of the agency conducting proceedings for the case shall endorse the power of attorney and immediately send it to the authorized person via registered mail or express delivery. Within five days from the date of receipt of the power of attorney, the authorized person shall record their opinion, sign the power of attorney, and return it to the agency conducting proceedings for the case. The power of attorney serves as the basis for the authorized person to act on behalf of the defendant in placing money as security.
In cases where the defendant is a juvenile or has mental deficiencies, the agency conducting proceedings for the case shall transfer the defendant's application form to their legal representative. Within five days from the date of receipt of the application form, the legal representative shall record their opinion, sign the defendant's application form, and return it to the agency conducting proceedings for the case.
3. The defendant or their legal representative may request in writing from the agency conducting proceedings for the case to apply the measure of placing money as security when they believe there are sufficient conditions as guided in Clause 1 of Article 3 of this Joint Circular.
The defendant's request is sent through the detention facility. Within one working day from the date of receipt of the defendant's request, the detention facility shall be responsible for transferring it to the agency conducting proceedings for the case.
The legal representative's request is directly sent to the agency conducting proceedings for the case.
Within three working days from the date of receipt of the request, the agency conducting proceedings for the case shall be responsible for reviewing, and if they find sufficient conditions to apply the measure of placing money as security, they shall provide the defendant with the sample forms as guided in Article 7 of this Joint Circular to proceed with the request to place money as security. If they determine that there are insufficient conditions to apply the measure of placing money as security for the defendant, they must notify the requester in writing, specifying the reasons. deposit guarantee. In case it is determined that the conditions for applying the deposit guarantee measure against the suspect or defendant are not met, a written notification must be issued to the requesting party specifying the reasons.
Article 9. Notification on Deposit of Money for Guarantee
Within three working days from the date of receipt of the documents submitted by the authorized representative or the person authorized by the accused or defendant in accordance with Clause 2, Article 8 of this Joint Circular, the agency conducting the criminal proceedings shall examine and resolve. If it finds that all procedures and documents have been completed in accordance with regulations, it shall issue a Notification on Deposit of Money for Guarantee to be sent to the State Treasury or financial agency within the Military where the money will be managed for guarantee purposes, and also sent to the authorized person of the accused or defendant or their legal representative to carry out the deposit of money, while sending it to the investigating agency as the account holder (if it is a Notification on Deposit of Money for Guarantee issued by the Prosecutor's Office) or the civil enforcement agency as the account holder (if it is a Notification on Deposit of Money for Guarantee issued by the Court). (of the Prosecutor's Office) or the civil enforcement agency is the owner of the temporary holding account (if it is a Notice on the placement of deposit guarantee funds). of the Court).
Article 10. Execution of Deposit of Money for Guarantee
1. Within three days from the date of receipt of the Notification on Deposit of Money for Guarantee, the authorized person of the accused or defendant or their legal representative must complete the deposit of money. In cases where due to objective reasons such as natural disasters, fire, or other objective reasons, the deposit of money for guarantee cannot be completed within the prescribed time limit, the deadline will be recalculated from the day when such natural disasters, fires, or other objective reasons cease to exist.
In cases where objective reasons such as natural disasters, fires, or other objective reasons prevent the timely completion of the deposit guarantee placement, the deadline will be recalculated from the date when such natural disasters, fires, or other objective reasons no longer exist.
2. The process of depositing money as security shall be carried out as follows:
a) In case of depositing money at the State Treasury, the authorized person of the accused or defendant or their legal representative must bring the Notification on Deposit of Money for Guarantee to the State Treasury for verification and as the basis for recording into the temporary holding account of the Investigating Agency or Civil Enforcement Agency.
After completing the deposit procedure, the State Treasury will hand over two copies of the Payment Receipt Form C4-08/KB issued in conjunction with Circular No. 08/2013/TT-BTC dated January 10, 2013, of the Ministry of Finance guiding the implementation of state accounting applicable to the Budget Management and Treasury Information System, and send one copy to the agency that is the account holder. The depositor is responsible for submitting one copy of the Payment Receipt Form to the agency that issued the Notification on Deposit of Money for Guarantee.
b) In case of depositing money at a financial agency within the Military, the receiving agency is responsible for preparing a record of money receipt and payment, signed by both the depositor and the receiver, and the representative of the agency that issued the Notification on Deposit of Money for Guarantee.
The record is made in three copies, one copy given to the representative of the agency issuing the Notification on Deposit of Money for Guarantee, one copy given to the depositor, and one copy retained by the financial agency that prepared the record.
Article 11. Decision on Application of Deposit of Money for Guarantee Measure
1. During the investigation phase of criminal cases:
Within two working days from the date of receipt of the payment receipt form for the temporary holding account or the record of money deposit as stipulated in Article 10 of this Joint Circular, the investigating agency conducting the criminal proceedings shall issue a decision on application of the deposit of money for guarantee measure against the accused and submit it to the same-level Prosecutor for approval. Within two working days from the date of receipt of the decision on application of the deposit of money for guarantee measure, the request for approval, and related files and documents, the Prosecutor must decide to approve or not approve the decision on application of the deposit of money for guarantee measure; if not approved, the reasons must be clearly stated.
When issuing a decision to approve the decision on application of the deposit of money for guarantee measure, the Prosecutor must decide to replace the preventive measure (cancel temporary detention, replace with the deposit of money for guarantee measure) and immediately send that decision to the detention facility holding the accused for execution.
If the Prosecutor does not approve the decision on application of the deposit of money for guarantee measure, the investigating agency shall issue a decision to cancel the decision on application of the deposit of money for guarantee measure and immediately notify the accused, defendant, authorized person, and their legal representative.
Within two working days from the date of receipt of the payment receipt form for the temporary holding account or the record of money deposit as stipulated in Article 10 of this Joint Circular, the Prosecutor and Court must issue a decision on application of the deposit of money for guarantee measure.
2. During the prosecution and trial phases:
When issuing a decision on application of the deposit of money for guarantee measure, the Prosecutor and Court must decide to replace the preventive measure (cancel temporary detention, replace with the deposit of money for guarantee measure) and immediately send that decision to the detention facility holding the accused or defendant for execution.
3. The decision on application of the deposit of money for guarantee measure and the Prosecutor's decision to approve or not approve the decision on application of the deposit of money for guarantee measure (during the investigation phase) must be handed over to the accused and defendant
through the detention facility, the authorized person of the accused or defendant, or their legal representative, and simultaneously sent to the agency that is the account holder. CANCEL THE APPLICATION OF THE DEPOSIT OF MONEY FOR GUARANTEE MEASURE
Chapter III
AND HANDLING OF THE MONEY ALREADY DEPOSITED FOR GUARANTEE
AND HANDLING OF THE DEPOSIT GUARANTEE FUNDS
Article 12. Cancellation of the application of the deposit guarantee measure
1. The application of the deposit guarantee measure shall be cancelled in the following cases:
a) The investigation, prosecution, and trial of the case is suspended;
b) The deposit guarantee measure is no longer necessary;
c) The defendant was arrested for a crime committed before the application of the deposit guarantee measure or for a negligent offense committed after the application of the deposit guarantee measure;
d) The defendant has died;
đ) The defendant has fully performed all obligations they had undertaken;
e) The Prosecutor's Office does not approve the decision to apply the deposit guarantee measure;
g) The defendant fails to appear at the summons issued by the investigating authority without a valid reason;
h) The defendant continues to commit crimes intentionally;
i) The defendant engages in acts to destroy, conceal evidence, or obstruct the investigation, prosecution, and trial;
k) There is evidence proving that the defendant will abscond, destroy, or conceal evidence, or engage in other acts obstructing the investigation, prosecution, and trial;
l) The defendant has absconded.
2. The cancellation of the decision to apply the deposit guarantee measure shall be carried out as follows:
a) In the cases specified in points a, b, c, and d of Clause 1 of this Article, the Prosecutor's Office or Court conducting the proceedings shall issue a decision to cancel the decision to apply the deposit guarantee measure; if the case is still at the investigation stage, the Investigating Authority conducting the proceedings shall request the Prosecutor's Office exercising public prosecution and supervising the investigation to issue a decision to cancel the decision to apply the deposit guarantee measure. b) In the case specified in point đ of Clause 1 of this Article, after the judgment becomes legally effective, the President of the Court that tried the case shall issue a decision to cancel the decision to apply the deposit guarantee measure. If the Court acquits the defendant or applies non-custodial penalties, the Trial Panel shall issue a decision to cancel the decision to apply the deposit guarantee measure together with the judgment.
c) In the case specified in point e of Clause 1 of this Article, the Investigating Authority that issued the decision to apply the deposit guarantee measure must issue a decision to cancel the decision to apply the deposit guarantee measure.
d) In the cases specified in points g, h, i, and k of Clause 1 of this Article, the Prosecutor's Office or Court conducting the proceedings shall issue a decision to cancel the decision to apply the deposit guarantee measure, and simultaneously issue a decision to temporarily detain the defendant according to the law; if the case is still at the investigation stage, the Investigating Authority conducting the proceedings shall issue an arrest warrant for temporary detention and request the Prosecutor's Office exercising public prosecution and supervising the investigation to approve the arrest warrant for temporary detention.
đ) In the case specified in point l of Clause 1 of this Article, the Prosecutor's Office or Court conducting the proceedings shall issue a decision to cancel the application of the deposit guarantee measure, and simultaneously request the Investigating Authority to issue a warrant for the arrest of the defendant; if the case is still at the investigation stage, the Investigating Authority conducting the proceedings shall request the Prosecutor's Office exercising public prosecution and supervising the investigation to issue a decision to cancel the decision to apply the deposit guarantee measure and approve the arrest warrant for temporary detention.
e) In the case specified in point m of Clause 1 of this Article, the Prosecutor's Office or Court conducting the proceedings shall issue a decision to cancel the application of the deposit guarantee measure, and simultaneously request the Investigating Authority to issue a warrant for the arrest of the defendant; if the case is still at the investigation stage, the Investigating Authority conducting the proceedings shall request the Prosecutor's Office exercising public prosecution and supervising the investigation to issue a decision to cancel the decision to apply the deposit guarantee measure and approve the arrest warrant for temporary detention. f) In the case specified in point n of Clause 1 of this Article, the Prosecutor's Office or Court conducting the proceedings shall issue a decision to cancel the application of the deposit guarantee measure, and simultaneously request the Investigating Authority to issue a warrant for the arrest of the defendant; if the case is still at the investigation stage, the Investigating Authority conducting the proceedings shall request the Prosecutor's Office exercising public prosecution and supervising the investigation to issue a decision to cancel the decision to apply the deposit guarantee measure and approve the arrest warrant for temporary detention.
g) In the case specified in point o of Clause 1 of this Article, the Prosecutor's Office or Court conducting the proceedings shall issue a decision to cancel the application of the deposit guarantee measure, and simultaneously request the Investigating Authority to issue a warrant for the arrest of the defendant; if the case is still at the investigation stage, the Investigating Authority conducting the proceedings shall request the Prosecutor's Office exercising public prosecution and supervising the investigation to issue a decision to cancel the decision to apply the deposit guarantee measure and approve the arrest warrant for temporary detention. h) In the case specified in point p of Clause 1 of this Article, the Prosecutor's Office or Court conducting the proceedings shall issue a decision to cancel the application of the deposit guarantee measure, and simultaneously request the Investigating Authority to issue a warrant for the arrest of the defendant; if the case is still at the investigation stage, the Investigating Authority conducting the proceedings shall request the Prosecutor's Office exercising public prosecution and supervising the investigation to issue a decision to cancel the decision to apply the deposit guarantee measure and approve the arrest warrant for temporary detention.
3. The decision to cancel the decision to apply the deposit guarantee measure must clearly state the handling of the money deposited as a guarantee and must be delivered to the defendant, their legal representative, or the person authorized by the defendant (in the case specified in point e of Clause 1 of this Article), and sent to the agency managing the temporary account and the State Treasury or the financial agency in the Military managing the money deposited as a guarantee.
Article 13. Handling of money deposited as security in cases of cancellation of the measure of depositing money as security
1. In cases provided for in points a, b, c, d, and đ Clause 1 Article 12 of this Joint Circular, the money deposited as security shall be returned to the defendant, accused, or their lawful representative who is the owner of the money according to the commitment when requesting to deposit money as security. In the case provided for in point e Clause 1 Article 12 of this Joint Circular, the money deposited as security shall be returned to the lawful representative or the person authorized by the defendant or accused.
If the defendant, accused, or their lawful representative dies, the money deposited as security shall be handled in accordance with the current laws on inheritance.
2. In cases provided for in points g, h, i, k, and l Clause 1 Article 12 of this Joint Circular, the money deposited as security shall be confiscated and incorporated into the state treasury.
Article 14. Procedures for returning money deposited as security
1. The procedures for returning money deposited as security currently managed by the State Treasury at the temporary holding account shall be carried out as follows:
a) After receiving the decision to cancel the decision to apply the measure of depositing money as security in cases provided for in points a, b, c, d, đ, and e Clause 1 Article 12 of this Joint Circular, the person entitled to have the money returned under the decision to cancel the decision to apply the measure of depositing money as security must submit to the holder of the temporary holding account, which is the Investigative Agency (during the investigation and prosecution stage) or the Civil Enforcement Agency (during the trial stage), a request to return the money deposited as security along with a copy of their identification card and the decision to cancel the decision to apply the measure of depositing money as security.
b) Within three working days from the date of receipt of the request as stipulated in point a of this Clause, the agency holding the temporary holding account has the responsibility to prepare a file requesting the State Treasury to return the money deposited as security and hand over the file to the requester to submit to the State Treasury for the procedure to reclaim the money.
The file submitted to the State Treasury includes: a document from the holder of the temporary holding account requesting the State Treasury to return the money deposited as security; the Decision to Cancel the Decision to Apply the Measure of Depositing Money as Security and three copies of the Withdrawal Slip from the Deposit Account according to Form C4-09/KB issued together with Circular No. 08/2013/TT-BTC dated January 10, 2013 of the Ministry of Finance guiding the implementation of state accounting applicable to the Budget Management and Treasury Information System.
c) Based on the file submitted, the State Treasury shall carry out the procedure to return the money deposited as security in accordance with the current laws.
d) After returning the money deposited as security, the State Treasury shall send one copy of the Withdrawal Slip from the Deposit Account to the holder of the temporary holding account and one copy to the agency that issued the decision to cancel the decision to apply the measure of depositing money as security for archiving in the case file, one copy retained at the State Treasury together with the document from the holder of the temporary holding account requesting the State Treasury to return the money deposited as security and the Decision to Cancel the Decision to Apply the Measure of Depositing Money as Security.
In cases where the case is still in the investigation stage, after receiving one copy of the Withdrawal Slip from the Deposit Account, the Prosecutor's Office shall immediately transfer it to the Investigative Agency conducting the proceedings against the case for archiving in the case file.
2. The procedure for returning money placed as security, which is currently managed by the competent financial authority in the Military, shall be carried out as follows:
a) After having the decision to cancel the application of the measure of depositing money as security in cases provided for in points a, b, c, d, đ, and e Clause 1 Article 12 of this Joint Circular, the defendant, accused, or their authorized representative, lawful representative must submit a document requesting the agency conducting the proceedings against the case to prepare a file requesting the return of the money deposited as security.
b) Within three working days from the date of receipt of the request as stipulated in point a of this Clause, the agency receiving the request must prepare a file requesting the financial agency within the Military to return the money deposited as security.
The file includes: the request to prepare a file from the defendant, accused, or their authorized representative, lawful representative; the Decision to Cancel the Application of the Measure of Depositing Money as Security and the Receipt of the Money Deposited as Security as stipulated in point b Clause 2 Article 10 of this Joint Circular. The file requesting shall be handed over to the person entitled to have the money returned under the decision to cancel the application of the measure of depositing money as security to proceed with the procedure to reclaim the money.
c) Based on the file submitted, the financial agency within the Military shall carry out the procedure to return the money deposited as security in accordance with the current laws.
d) When returning the money deposited as security, the financial agency within the Military must prepare a record signed by both the payer and the recipient. The record is prepared in three copies, one copy retained by the payer, one copy retained by the recipient, and one copy sent to the agency that
issued the Decision to Cancel the Application of the Measure of Depositing Money as Security for archiving in the case file. In cases where the case is still in the investigation stage, after receiving the record of the return of money to the defendant, the Prosecutor's Office shall immediately transfer it to the Investigative Agency conducting the proceedings against the case for archiving in the case file. issue a Decision to revoke the application of the deposit guarantee measure and file it in the case file.
If the case is still under investigation, upon receipt of the record of returning the deposit to the suspect, the Prosecutor's Office shall immediately transfer it to the Investigative Agency handling the case for filing in the case file.
Article 15. Confiscation to the State Treasury of money deposited as security
The procedure for confiscating money deposited as security shall be carried out like the confiscation to the State Treasury of evidence in criminal cases as provided by current laws. Article 16. Templates of documents and papers related to the application and revocation of the measure of depositing money as security
Notification of depositing money as security (Form No. 1).
Attached hereto are the following forms of documents:
1. 2. Request for permission to deposit money as security (Form Nos. 2a, 2b).
3. Power of attorney (Form No. 3).
4. Notification of permission to deposit money as security (Form No. 4).
5. Decision on applying the measure of depositing money as security (Form Nos. 5a, 5b).
6. Decision approving the Decision on applying the measure of depositing money as security (Form No. 6).
7. Decision not approving the Decision on applying the measure of depositing money as security (Form No. 7).
8. Record of depositing money as security (Form No. 8).
9. Decision revoking the Decision on applying the measure of depositing money as security (Form No. 9).
10. Record of returning money that has been deposited as security (Form No. 10).
This Circular takes effect from January 15, 2014.
Chapter IV
IMPLEMENTING PROVISIONS
Article 17. Effective Date
Relevant agencies and units under the Ministry of Justice, Ministry of Public Security, Ministry of Defense, Ministry of Finance, Supreme People's Procuracy, Supreme People's Court are responsible for implementing and organizing the implementation of guidance in this Joint Circular.
Article 18. Responsibility for Implementation
During the implementation of this Joint Circular, if there are difficulties, relevant agencies and units shall report to
the Ministry of Justice, Ministry of Public Security, Ministry of Defense, Ministry of Finance, Supreme People's Procuracy, Supreme People's Court for timely guidance./. for prompt guidance./.
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