Decree No. 68/SL amends Article 1 of Decree No. 32 dated March 19, 1947 on ensuring personal freedom, providing more specific regulations regarding the right to arrest individuals and the time limit for processing cases in special emergency situations.
적용 범위
Chairman of the Provincial People's Committee for Resistance, Chairman of the Provincial People's Committee for Self-Defense, Resistance Committee, Military Court Prosecutor
핵심 사항
- In cases of special urgency, the Chairman of the Provincial People's Committee for Resistance and the Chairman of the Provincial People's Committee for Self-Defense are authorized to arrest individuals whose speech or actions are harmful to public security or resistance (Article 1).
- Within fifteen days from the date of temporary detention, the case file must be submitted to the Resistance Committee or sent to the Military Court Prosecutor if it falls within the jurisdiction of this court (Article 1).
- The accused must be brought before the Military Court or another court within four months from the date of arrest, or released entirely (Article 2).
- If extended detention beyond four months is necessary, the Military Court Prosecutor may decide to extend it twice more, each time for four months, totaling not more than twelve months (Article 3).
- The decision to extend detention may only be made at least eight days before the end of the detention period and must be communicated to the detainee within twenty-four hours so that they have the right to appeal to the Military Court (Article 4).
🌐 이 문서의 사회적 영향
- Enhance the ability to protect public security and resistance in emergency situations.
- Limit the duration of detention, ensuring justice for the accused.
- Allow extension of temporary detention but with clear conditions and mechanisms for the detainee to appeal.
❓ 자주 묻는 질문
In special emergency situations, who has the authority to arrest individuals?
The Chairman of the Provincial People's Committee for Resistance and the Chairman of the Provincial People's Committee for Self-Defense (Article 1).
The case file of the accused must be submitted to the Resistance Committee within how many days from the date of temporary detention?
Within fifteen days (Article 1).
How long can the accused be detained at most?
Not exceeding twelve months, including the initial four-month period and potentially extended twice more, each for four months (Article 3).
When is the accused informed about the decision to extend detention?
At least twenty-four hours before the end of the detention period (Article 4).
Under what circumstances does the accused have the right to appeal to the Military Court?
When the decision to extend detention is made (Article 4).
전문
DECREE
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
DECREE-LAW NO. 68 ON JULY 26, 1947
CHAIRMAN OF THE COUNCIL OF MINISTERS
Pursuant to Decree-Law No. 40 dated March 29, 1946 on ensuring personal freedom, supplemented by Decree-Laws No. 44-SL dated January 30, 1947 and No. 32-SL dated March 19, 1947;
Pursuant to Decree-Law No. 21-SL dated July 14, 1946 organizing military courts;
Pursuant to the directives organizing the administration and judiciary in special circumstances;
At the proposal of the Minister of Interior and the Minister of Justice;
After the Council of Ministers has discussed and after seeking the opinion of the Standing Committee of the National Assembly;
ISSUES THE DECREE:
Article 1:
Article 1 of Decree-Law No. 32-SL dated March 19, 1947 mentioned above shall be amended as follows:
Now, Article 9 of Decree-Law No. 40 dated March 19, 1946 on ensuring personal freedom is repealed and replaced with the following clause:
New Article 9: In case of extraordinary urgency, the Chairman of the People's Committee of the Province and the Chairman of the People's Court of the Province may arrest individuals whose speech or actions are deemed harmful to public security or resistance, but must immediately notify the Anti-French Resistance Committee of the Region on the day of temporary detention.
Within fifteen days from the date of detention, the file must be submitted to the Anti-French Resistance Committee of the Region, or sent to the Public Prosecutor of the Military Court if it is determined that the matter falls within the jurisdiction of this court.
Within thirty days, the Administrative Committee of the Region must examine the file and issue an order for release, reduction for resettlement, or prosecution before the Military Court, depending on the circumstances.
The arrest, investigation, preparation, and submission of the file will be handled by the Administrative Committee of the Province, even though the arrest order is signed by the Anti-French Resistance Committee of the Province.
Article 2:
Within four months from the date of arrest, the accused must be brought to trial at the Military Court or another court, or released, depending on the Public Prosecutor's decision to prosecute, transfer, or cease proceedings.
Article 3:
However, if it is deemed necessary to detain longer than four months, the Public Prosecutor of the Military Court may decide to extend the detention period twice more, each time for four months, meaning the accused will not be detained for more than twelve months.
Article 4:
The extension of detention may only be decided at least eight days before the end of the detention period, and this decision must clearly state the reasons and inform the detainee at least twenty-four hours before the end of the detention period so that the detainee has the right to appeal to the Military Court during this period.
The Military Court, when convened in plenary session, will consider this appeal in the nearest session in the council room and will announce its decision in a public hearing.
Article 5:
The Ministers of Interior and Justice are hereby authorized to implement this Decree-Law.
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