Circular No. 22/2014/TT-BCA Amends and supplements the arrest warrant and recall warrant forms issued together with Decision No. 789/2007/QĐ-BCA(C11) dated July 12, 2007 of the Minister of Public Security for use in criminal proceedings and enforcement of criminal penalties by the people's public security forces.

CIRCULAR

Amending and supplementing the forms for arrest warrants and cancellation of arrest warrants issued together with Decision number 789/2007/QĐ-BCA(C11) dated July 12, 2007 of the Minister of Public Security for use in criminal proceedings and enforcement of criminal penalties by the people's public security forces. Decision number 789/2007/QĐ-BCA(C11) dated July 12, 2007, of the Minister of Public Security for use in criminal proceedings and enforcement of criminal judgments by the people's public security forces

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Pursuant to the Criminal Procedure Code 2003;

Pursuant to the Law on Enforcement of Criminal Penalties 2010;

Pursuant to the Ordinance on Criminal Investigation Organization 2004 (amended and supplemented in 2006 and 2009);

Pursuant to Decree number 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Circular Jointly Issued number 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC dated October 9, 2012 of the Ministry of Public Security, the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court guiding the implementation of certain provisions of the Criminal Procedure Code and the Law on Enforcement of Criminal Penalties regarding arrest warrants;

At the proposal of the Director of the General Police Department for Prevention and Combating Crime;

The Minister of Public Security issues this Circular amending and supplementing the forms for arrest warrants and cancellation of arrest warrants issued together with Decision number 789/2007/QĐ-BCA(C11) dated July 12, 2007 of the Minister of Public Security for use in criminal proceedings and enforcement of criminal penalties by the people's public security forces.

Article 1. Forms for arrest warrants and cancellation of arrest warrants

1. The following forms shall be used in the work of issuing arrest warrants by the people's public security forces, replacing the form "Arrest Warrant" (Form number 30QĐ) issued together with Decision number 789/2007/QĐ-BCA(C11) dated July 12, 2007 of the Minister of Public Security:"Warrant of Arrest" (Form number 30QĐ) issued together with Decision number 789/2007/QĐ-BCA(C11) dated July 12, 2007, of the Minister of Public Security:

a) Form "Arrest Warrant" (Form number 30aQĐ) used during the investigation stage of criminal cases by the people's public security forces; "Warrant of Arrest" (Form number 30aQĐ) to be used during the investigation phase of criminal cases by the public security forces;

b) Form (Form number 30bQĐ) used during the prosecution and trial stages of criminal cases when the investigating agency within the people's public security forces issues an arrest warrant at the request of the People's Procuracy, the People's Court, or the Trial Panel; "Warrant of Arrest" (Form number 30bQĐ) to be used during the prosecution and trial phases of criminal cases when the investigating agency within the public security forces issues a warrant of arrest at the request of the People's Procuratorate, People's Court, or Trial Panel;

c) Forms "Warrant of Arrest" c) Form (Form number 30cQĐ) used during the enforcement stage of criminal penalties when the head of the criminal penalty enforcement agency of the provincial-level public security authority issues an arrest warrant;

d) Forms "Warrant of Arrest" (Form number 30dQĐ) to be used during the enforcement phase of criminal judgments when the Warden of the Prison or the Detention Center under the Ministry of Public Security issues a warrant of arrest against individuals who have escaped from serving their sentences in prisons or detention centers under the Ministry of Public Security.

d) Form (Form number 30dQĐ) used during the enforcement stage of criminal penalties when the warden of the prison or temporary detention center under the Ministry of Public Security issues an arrest warrant against a person serving a custodial sentence at a prison or temporary detention center under the Ministry of Public Security who has escaped. "Arrest Warrant" 2. Form "Cancellation of Arrest Warrant" (Form number 31đQĐ) used in criminal proceedings and enforcement of criminal penalties by the people's public security forces, replacing the form "Cancellation of Arrest Warrant" (Form number 31QĐ) issued together with Decision number 789/2007/QĐ-BCA(C11) dated July 12, 2007 of the Minister of Public Security.

Article 2. Effective Date

This Circular takes effect from July 17, 2014, abolishing previous regulations of the Ministry of Public Security that are inconsistent with this Circular.

Article 3. Implementation Organization

1. The Directors of the General Departments, Heads of units directly under the Ministry, and Directors of Public Security of provinces and centrally-administered cities are responsible for organizing the implementation of this Circular.

2. The General Police Department for Prevention and Combating Crime shall take the lead and coordinate with relevant units to guide and inspect the implementation of this Circular.

In the process of implementing this Circular, if there are any difficulties, the public security units and localities shall report to the Ministry of Public Security (through the General Police Department for Prevention and Combating Crime) for timely guidance./.