Two copies of deposit slip for deposit into account according to form No. C4-08/KB issued 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 Management Information System.
Budget and Treasury Management, and send to the agency that owns the temporary account .
keep
One copy. The payer is responsible for submitting one copy of the Deposit Form to the agency that issued the Notice of Deposit as security.
In case of depositing money at the financial agency in the Army, the agency
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receive money responsibly
receipt of payment, with signature confirmation
of the payer, the recipient
money and agent
of the agency issuing the Notice on
the deposit of money for security
The minutes are made in three copies, one copy is given to the representative of the agency that issued the Notice of deposit , one copy is given to the depositor , and one copy is kept at the financial agency that made the minutes.
+ Decision to apply deposit measure to guarantee
* During the criminal investigation phase:
Within two working days from the date of receipt
ok
copy of submission
money into the temporary account or the record of deposit of money as prescribed in Article 10 of this Joint Circular , the Investigation Agency conducting proceedings on the case shall decide to apply the measure of depositing money as security for the accused and send
to the same level Procuracy for approval.
In time
two working days
, since the time of the
ok
decision to apply
use of deposit as security, request for approval and documents,
dose
related , Member
The auditor must decide whether to approve or disapprove.
not ok
Approval of the decision to apply the measure of depositing money as security; in case of disapproval, the reason must be clearly stated.
When deciding to approve the decision to apply the measure of depositing money as security, the Procuracy must decide to replace the preventive measure (cancel it).
The decision shall be replaced by a measure of temporary detention (replaced by a measure of depositing money as security) and immediately sent to the facility where the defendant is being detained for execution.
The Case of Yuan
The inspector did not approve the decision to apply the measure.
In case of applying the measure of depositing money as security, the Investigation Agency shall issue a decision to cancel the decision to apply the measure of depositing money as security and immediately notify the suspect, defendant, authorized person and their legal representative.
* During the prosecution and trial phase:
Within two working days from the date of receipt
ok
copy of submission
In case of money deposited into a temporary account or a record of money deposit as prescribed in Article 10 of this Joint Circular , the Procuracy and the Court must issue a decision to apply the measure of depositing money as security.
When deciding to apply the measure of depositing money as security, the Procuracy and the Court must decide to replace the preventive measure (cancel the temporary detention measure and replace it with the measure of depositing money as security) and immediately send that decision to the facility detaining the suspect or defendant for execution.
* Decision to apply deposit measures to guarantee and decide
The decision of the Procuracy to apply the measure of depositing money as security (during the investigation phase) must be handed over to
defendant through detention facility, person is
defendant
their legal representative, and at the same time, send it to the agency that owns the temporary account.
+ Cancel the application of the deposit measure to guarantee
* The application of the security deposit measure is canceled in the following cases:
The investigation, prosecution and trial of the case are suspended;
The use of security deposits is no longer necessary;
The accused was arrested and detained for me.
has violated
before applying
g border
bail or for crimes committed unintentionally after bail has been applied;
The accused died;
The accused has fully fulfilled the obligations he has pledged;
The Procuracy did not approve the decision to apply the measure of depositing money as security;
The suspect or defendant does not appear in response to the summons of the prosecution agency without a valid reason;
Defendant continues
pham
I
intentionally
The suspect or defendant destroys or conceals evidence or commits other acts that obstruct the investigation, prosecution, or trial ;
There is evidence proving that the suspect or defendant will flee, destroy or conceal evidence or commit other acts that obstruct the investigation, prosecution or trial;
The defendant fled.
* The cancellation of the decision to apply the measure of depositing money as security is carried out as follows:
For the cases specified in Points a, b, c and d, Clause 1 of this Article, the Procuracy or the Court conducting proceedings on the case shall issue a decision to cancel the decision to apply the measure of depositing money as security; if the case is in the investigation stage, the Investigation Agency conducting proceedings on the case shall issue a decision to cancel the decision to apply the measure of depositing money as security; if the case is in the investigation stage, the Investigation Agency conducting proceedings on the case shall issue a decision to cancel the decision to apply the measure of depositing money as security.
The case is being prosecuted by the Procuracy.
prosecution and investigation
Investigation into the case of the decision to cancel the decision to apply the measure of depositing money as security.
For the case specified in Point d, Clause 1 of this Article , after the judgment comes into legal effect, the Chief Justice of the Court of First Instance that tried the case shall issue a decision .
decision on application
g border
security deposit . In case
The court finds the defendant not guilty or imposes non-custodial sentences.
For the defendant, together with the verdict, the Trial Panel issued a decision to cancel the decision to apply the measure of depositing money as security.
For the case specified in Point e, Clause 1 of this Article , the Investigation Agency
investigation to determine the application
g border
bailment to ensure a decision must be made
cancel the decision to apply the deposit measure to guarantee.
For the cases specified in Points g, h, i and k, Clause 1 of this Article, the Procuracy or the Court conducting the proceedings for the case shall issue a decision to cancel the decision to apply the measure of depositing money as security, and at the same time , issue a decision to temporarily detain the suspect or defendant according to the provisions of law; in case the case is in the investigation stage, the Investigation Agency is conducting the investigation.
The prosecution of that case ordered the arrest of the defendant for temporary detention.
detention and recommendation to the Institute
the prosecutor is awake
prosecution and investigation of the case of annulment
decision to apply security deposit and approve arrest warrant
can be detained
In the case specified in Point l, Clause 1 of this Article, the People's Procuracy or the Court conducting the proceedings on the case shall issue a decision to cancel the application of the measure of depositing money as security, and at the same time , request the Investigation Agency to prosecute the suspect or defendant; in the case that the case is in the investigation stage, the Investigation Agency conducting the proceedings on the case shall request the People's Procuracy exercising the right to prosecute and supervise the investigation of the case to issue a decision to cancel the decision to apply this measure, and then issue a decision to prosecute the suspect.
The decision to cancel the decision to apply the security deposit measure must be
The handling of the money deposited as security must be clearly stated and must be delivered to the suspect, defendant, their legal representative , or the person authorized by the suspect or defendant (in the case specified in Point e, Clause 1 of this Article), and at the same time, sent to the agency that is the temporary account holder and the State Treasury or the financial agency in the Army that is managing the money deposited as security .
+ Handling of deposited money as security in case of cancellation of application of deposit as security
* For the cases specified in Points a, b, c, d and dd, Clause 1, Article 12 of this Joint Circular, the money deposited as security shall be returned to the suspect, defendant or legal representative who is the owner of the amount as committed when requesting to deposit money as security. For the cases specified in Point e, Clause 1, Article 12 of this Joint Circular, the money deposited as security shall be returned to the legal representative or the person authorized by the suspect or defendant.
Case
If the suspect, defendant or legal representative dies, the money will be forfeited.
to ensure
processed according to current legal regulations
action on order
* In the cases specified 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 transferred to the State budget.
+ Procedure for refunding deposit to guarantee
* Procedures for returning deposits as security are being handled by the State Treasury.
Management of temporary custody accounts is performed as follows :
After receiving the decision to cancel the decision to apply the security deposit in the cases specified in Points a, b, c, d, dd and e, Clause 1, Article 12 of this Joint Circular, the person whose money is returned according to the decision to cancel the decision to apply the security deposit must send to the temporary account holder, which is the Investigation Agency (during the investigation and prosecution phase) or the Civil Judgment Enforcement Agency (during the trial phase), a request to return the security deposit, along with a photocopy of the identity card and the decision to cancel the decision to apply the security deposit.
Within three working days from receipt of the request as per
As instructed in Point a of this Clause, the agency that is the owner of the temporary deposit account is responsible for
responsibility for preparing Treasury application files
The state returned the deposit to ensure and
Deliver the file to the applicant to submit for refund.
for Treasury
The state does the procedures .
The application dossier sent to the State Treasury includes: a document from the temporary account holder requesting the State Treasury to return the money deposited as security ; a decision to cancel the decision to apply the measure of depositing money as security and 03 copies of the Cash Withdrawal Paper from the deposit account according to form No. C4-09/KB issued 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 and Treasury Management Information System.
Based on the application, the Treasury
The government has completed procedures to return the money .
placed to ensure compliance with current legal regulations .
After returning the deposit, the State Treasury sends a
Cash withdrawal slip from deposit account for temporary custody of account holder and a link
to the agency that issued the decision to cancel the decision to apply the measure of depositing money as security to keep in the case file, a copy is kept at the State Treasury together with the document of the temporary account holder 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 case the case is under investigation, after receiving a copy of the Cash Withdrawal Form from the deposit account, the Procuracy shall immediately transfer it to the Investigation Agency conducting the prosecution of the case to keep in the file.
* The procedure for returning the deposit as security is being managed by the competent financial authority in the Army and is carried out as follows:
After the decision to cancel the application of the security deposit measure in the cases specified in Points a, b, c, d, dd and e, Clause 1, Article 12 of this Joint Circular is made, the accused, defendant or their authorized person, legal representative must submit a written request to the agency conducting the proceedings for the case to prepare a file requesting the return of the security deposit.
Within three working days from receipt of the request
According to the provisions of Point a of this Clause, the agency receiving the request must prepare a file requesting the financial agency in the Army to return the deposit as security .
The dossier includes: a written request to establish a dossier by the suspect, defendant or their authorized person, legal representative; Decision to cancel the application of the measure of depositing money as security and Minutes of depositing money as security as prescribed in Point b, Clause 2, Article 10 of this Joint Circular.
The request file is delivered to the person who is refunded the money according to the decision to cancel the application of the deposit as security to carry out the procedure to receive the money back.
Based on the application, the financial agency in the Army will carry out the procedures.
return the deposit as security in accordance with the provisions of current law
When the money is returned to the security deposit, the financial authority in the Army
must make a record signed by the paying party and the receiving party
. Minutes were made.
Three copies, the returning party keeps one copy, the receiving party keeps one copy and one copy is sent to the agency that issued the Decision to cancel the application of the security deposit measure to be kept in the case file.
In case the case is under investigation, after receiving the record of returning money to the accused, the Procuracy shall immediately transfer it to the Investigation Agency conducting the prosecution of the case to keep in the file.
+ Confiscate and add to the state budget the money deposited as security.
The procedure for confiscating additional state funds deposited as security shall be carried out as the procedure for confiscating additional state funds for case evidence according to the law .
current legal regulations
+ Sample documents and papers related to the application and cancellation of the application of deposit measures to guarantee
Issued together with this Joint Circular are the following forms of documents and papers:
* Notice of deposit for security
* Application for deposit as security
* Power of Attorney
* Notice of deposit for security
* Decision to apply deposit as security
* Decision approving the Decision on merger
g border
virtual deposit method
* Decision not to approve the Joint Decision to ensure
* Minutes of deposit to secure
g border
deposit method
* Decision to cancel the Decision to apply the measure of depositing money to guarantee
* Refund receipt has been placed for security
+ Effective date
This Joint Circular takes effect from January 15, 2014.
+ Responsibility for implementation
Relevant agencies and units of the Ministry of Justice, Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Supreme People's Procuracy, and Supreme People's Court are responsible for implementing and organizing the implementation of the instructions in this Joint Circular.
In the process of implementing this Joint Circular, if there are any problems, relevant agencies and units should report to the Ministry of Justice, Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Supreme People's Procuracy, Supreme People's Court for timely guidance.
2.2. Practical application, shortcomings, limitations and causes
2.2.1. Practical application of security measures using money or valuable assets to guarantee
In recent years, the work of detecting, preventing and handling crimes has been focused on by the prosecution agencies, contributing to ensuring safety and legal order. According to statistics from cities such as Hanoi, Hai Phong, Da Nang, Ho Chi Minh [see table 2.1 in the appendix] , it shows that:
In 2010, Hanoi city prosecuted 1,275 cases with 4,162 subjects, Hai Phong city prosecuted 1,362 cases with 3,516 subjects, and in the city