Decree-Law No. 88/SL dated August 2, 1949 amends Decree-Law No. 131 dated July 20, 1946 concerning the authority and procedures for searching houses of the Village Justice Committee. In particular, it adds provisions allowing members of the Village Justice Committee to search houses in cases of flagrant offenses.
Scope of application
Village Justice Committee
Key points
- Member of the Village Justice Committee → is authorized to search private residences in cases of flagrant offenses → Article 6 Decree-Law No. 13 dated January 24, 1946 (as amended)
- Village Justice Committee → may search private residences to seize evidence if necessary → Article 6 Decree-Law No. 13 dated January 24, 1946 (as amended)
- Member of the Village Justice Committee accompanied by two citizens → is authorized to make a record in cases of flagrant offenses → Clause 2 Article 2 Decree-Law No. 13 dated January 24, 1946 (as amended)
🌐 Social impact of this document
- The Village Justice Committee has additional authority to search houses in cases of flagrant offenses, thereby enhancing the enforcement of law.
- Citizens may be affected if the Village Justice Committee conducts searches without adhering to proper regulations.
❓ Frequently asked questions
What rights does the Village Justice Committee have in cases of flagrant offenses?
The Village Justice Committee has the right to search houses and seize evidence if necessary, and members of the Village Justice Committee accompanied by two citizens may make a record.
Who is authorized to search houses in cases of flagrant offenses?
Members of the Village Justice Committee accompanied by two citizens are authorized to search houses and seize evidence.
Full text
DECREE-LAW
NO. 88/SL OF AUGUST 2, 1949
PRESIDENT
VIETNAMESE DEMOCRATIC REPUBLIC
Pursuant to Decree-Law No. 13 dated January 24, 1946 and Decree-Law No. 254 dated November 19, 1948 defining the judicial authority of the Standing Committee of the People's Council at the commune level,
Pursuant to Decree-Law No. 131 dated July 20, 1946 defining the authority and procedures for house searches by the Commune Judicial Board,
At the proposal of the Minister of Interior Affairs and the Minister of Justice,
In accordance with the resolution of the Council of Ministers after consultation with the Standing Committee of the National Assembly,
ISSUES THE FOLLOWING DECREE-LAW:
Article 1
Add to Clause e, Article 8 of Decree-Law No. 131 dated July 20, 1946, the following provision:
"In cases of immediate detection of a crime, a member of the Commune Judicial Board has the right to accompany two citizens (as mentioned in Clause c, Article 8 of the aforementioned Decree-Law) in conducting house searches."
Article 2
Amend Paragraph 2 of Article 2 of Decree-Law No. 13 dated January 24, 1946 as follows:
"... The secretary is responsible for registry work, document storage, and the preparation of various documents including records. Specifically, in cases of immediate detection of a crime, members of the Commune Judicial Board accompanying two citizens have the authority to prepare such records."
Article 3
Amend Article 6 of Decree-Law No. 13 dated January 24, 1946 as follows:
"If necessary, the Commune Judicial Board may conduct house searches on private individuals, and in cases of immediate detection of a crime, one member of the Commune Judicial Board accompanying two citizens has the authority to search for and seize evidence, but must prepare a record."
The Ministers of Interior Affairs and Justice shall enforce this Decree-Law.
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