Joint Circular No. 27/2015/TTLT-BCT-BCA-VKSNDTC-TANDTC guiding the transfer of case files on electricity theft for criminal prosecution

JOINT CIRCULAR

for use transferring the case file on electricity theft

to pursue criminal responsibility

Pursuant toCriminal Code 1999; Law Amending and Supplementing Certain Articles of the Criminal Code 2009;

Pursuant to the Criminal Procedure Code 2003;

Pursuant to the Law on Handling Administrative Offenses 2012;

The Minister of Industry and Trade, the Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court issued this Joint Circular guiding the transfer of case files on electricity theft to pursue criminal responsibility..

Article 1. Scope of Regulation

This Joint Circular guides the transfer of case files on electricity theft that exhibit signs of criminal offenses to pursue criminal responsibility.

This Circular applies to units and local public security agencies; criminal investigation agencies at all levels within the People's Public Security forces; fire prevention, firefighting, and rescue forces; other forces within the People's Public Security forces and organizations and individuals related to fire investigation and handling work.

This Joint Circular applies to agencies, organizations, and individuals related to the transfer and handling of cases of electricity theft that exhibit signs of criminal offenses.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Previously administratively punished for the act of appropriation means previously administratively punished according to the Administrative Violations Handling Law or disciplined according to the law on disciplinary measures for civil servants and public officials, military regulations, or regulations of the people's armed forces, or disciplined according to the competent authority's provisions regarding one of the following acts: Robbery; kidnapping for the purpose of appropriation; coercion for appropriation; snatch theft; open appropriation; theft; fraud for appropriation; abuse of trust for appropriation; embezzlement; abuse of position or power for appropriation but not yet beyond the period to be considered as not having been administratively punished or disciplined.

The period to be considered as not having been administratively punished or disciplined ends when the period prescribed by the Administrative Violations Handling Law, the law on disciplinary measures for civil servants and public officials, military regulations, or regulations of the people's armed forces has expired. For cases where there is no provision regarding the period to end such period, if the person is considered as not having been disciplined, the period is one year from the date of punishment.

2. Previously convicted of the crime of appropriation means previously convicted of one of the following crimes: Robbery; kidnapping for the purpose of appropriation; coercion for appropriation; snatch theft; open appropriation; theft; fraud for appropriation; abuse of trust for appropriation; embezzlement; abuse of position or power for appropriation.

3. Electricity theft is the act of taking electricity without going through the meter, affecting the meter reading index and other electrical devices related to electricity measurement, and other fraudulent acts of taking electricity.

Article 4. Transfer of case files on electricity theft to pursue criminal responsibility

The authorized administrative violation penalty authority under Article 33; Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of Article 34 of Decree No. 134/2013/ND-CP dated October 17, 2013, regulating administrative violations in the field of electricity, dam safety, and energy conservation and efficiency (hereinafter referred to as Decree No. 134/2013/ND-CP), shall be responsible for transferring the case file on electricity theft to the competent criminal investigation agency to pursue criminal responsibility for the crime of theft under Article 138 of the Criminal Code in the following cases:

1. The act of electricity theft falls within the scope stipulated in Clause 1 of Article 44 of Decree No. 134/2013/ND-CP.

2. The act of electricity theft does not fall within the scope stipulated in Clause 1 of this Article but causes serious consequences, very serious consequences, or extremely serious consequences as guided in Section 3.4 Part I of the Joint Circular No. 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25, 2001 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of Justice guiding the application of certain provisions in Chapter XIV "Crimes against Property" of the Criminal Code 1999, or before committing the act of electricity theft, the perpetrator was administratively punished or disciplined for the act of appropriation but not yet beyond the period to be considered as not having been administratively punished or disciplined, or was convicted of the crime of appropriation and not yet rehabilitated.

When applying the circumstances "causing serious damage," "causing very serious damage," "causing extremely serious damage" to property, the determination of the damage to property must not be based on the value of the appropriated property (stolen electricity) because this value has already been defined as a separate aggravating circumstance. The damage must be outside the value of the appropriated property.

Article 5. Documents for electricity theft cases transferred to criminal investigation agencies

1. Document transferring the electricity theft case file.

2. Administrative violation record.

3. Calculation of the quantity of stolen electricity and the value of damage caused by the act of electricity theft (compensation money for the act of electricity theft).

4. Decision on administrative penalty (for cases where an administrative penalty decision has been issued but subsequently signs of a crime were discovered).

5. Decision temporarily suspending the execution of the administrative penalty decision (for cases where an administrative penalty decision has been issued and is being executed but subsequently signs of a crime were discovered).

6. Electricity usage inspection record (if available), Power operation inspection record (if available).

7. Electricity metering equipment inspection record (if available), Electricity metering equipment calibration record (if available).

8. Diagram of electricity theft, photos, video recordings, electronic data recording and describing the violation (if available).

9. Record of temporary seizure of evidence and means of violation and accompanying evidence and means of violation (if available).

10. Other related papers, documents, and objects.

Article 6. Agency receiving electricity theft case files

The Criminal Investigation Agency of the Police Department of the district, county, town, or provincial city where the act of electricity theft occurred shall be responsible for receiving the electricity theft case file. In cases where the matter does not fall within its investigative jurisdiction, the Criminal Investigation Agency that received the case file shall be responsible for transferring the file to the competent investigative agency for resolution.

Article 7. Cooperation in handling cases when transferring electricity theft case files for criminal prosecution

1. Upon receipt of the electricity theft case file, the Criminal Investigation Agency and the People's Procuracy at the same level shall be responsible for resolving it according to the provisions of Articles 9, 10, 11, 12, and Article 13 of Joint Circular No. 06/2013/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated August 2, 2013, issued by the Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural Development, and the Chief Prosecutor of the Supreme People's Procuracy guiding the implementation of the Criminal Procedure Code regarding the acceptance and resolution of reports and accusations of crimes and recommendations for prosecution (hereinafter referred to as Joint Circular No. 06/2013/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC).

2. If, beyond the time limit for resolution as stipulated in Joint Circular No. 06/2013/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC, the person authorized to impose administrative penalties does not receive a written notification from the Criminal Investigation Agency about the handling of the case, they have the right to request the Criminal Investigation Agency handling the case or the People's Procuracy at the same level to examine and resolve the matter.

Article 8. Returning the electricity theft case file for administrative handling

1. For electricity theft cases that have been accepted and resolved by criminal proceedings agencies but subsequently have a decision not to initiate a criminal case, a decision to revoke the decision to initiate a criminal case, a decision to suspend investigation, or a decision to terminate the case, if there are signs of administrative violations, then within three working days from the date of issuance of the decision, the criminal proceedings agency must return the case file to the person authorized to impose administrative penalties who transferred the file for consideration and handling according to the law on administrative violation handling.

2. For electricity theft cases that have been accepted and resolved by criminal proceedings agencies but subsequently have one of the decisions mentioned in Clause 1 of this Article and fall under the circumstances not subject to an administrative penalty decision as provided in points a, b, c, and d of Clause 1 of Article 65 of the Law on Handling Administrative Violations, then within three working days from the date of issuance of the decision, the criminal proceedings agency issuing the decision must return the case file to the person authorized to impose administrative penalties who transferred the file for consideration and application of measures to remedy consequences according to the law on administrative violation handling.

Article 9. Implementation Organization

The Ministry of Industry and Trade, the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court are responsible for guiding and organizing the implementation of this Joint Circular in their respective sectors.

Article 10. Effective Date

1. This Joint Circular takes effect from October 5, 2015.

2. During the implementation process, if any difficulties arise or guidance is needed, please promptly report to the Ministry of Industry and Trade, the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for timely research and supplementary guidance.