Provisions of Criminal Procedure Law on Depositing Money or Valuable Assets as Security

investigation, prosecution, trial, not being hindered by illegal acts in bail.

1.3.5. Provisions of criminal procedure law on measures to deposit money or valuable assets as security

Depositing money or valuable property as security is a preventive measure to replace temporary detention. Based on the nature and level of danger to society of the crime, the personal background and property status of the suspect or defendant, the Investigation Agency, the Procuracy, and the Court may decide to allow them to deposit money or valuable property to ensure their presence in response to the summons [32, Article 93].

The persons specified in Clause 1, Article 80 of the Criminal Procedure Code and the Judge assigned to preside over the trial have the right to decide on the deposit of money or valuable assets as security. The decisions of the persons specified in Point d, Clause 1, Article 80 of the Criminal Procedure Code must be approved by the Procuracy of the same level before being enforced [32, Article 80].

The agency that decides to deposit money or valuable property as security must make a record clearly stating the amount of money, name and condition of the property deposited and give a copy to the suspect or defendant.

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In case the suspect or defendant has been summoned by the Investigation Agency, the Procuracy, or the Court but is absent without a valid reason, the deposited money or property will be confiscated to the state budget and in this case, the suspect or defendant will be subject to other preventive measures.

In case the suspect or defendant fully fulfills the obligations he/she has pledged, the prosecuting agency shall be responsible for returning to him/her the deposited money or property.

The order, procedures, amount of money or value of property that must be deposited to ensure the temporary detention, return, or non-return of the deposited amount of money or property will be carried out in accordance with the provisions of law.

This is a measure to ensure the presence of the suspect or defendant, and is a binding measure.

Legal binding between the rights and interests of the accused and legal responsibility, not pawning, pledging, and mortgaging for economic purposes.

The above are preventive measures applied by competent authorities to suspects, defendants or those who have not been prosecuted for criminal offenses with the aim of preventing and preventing them from continuing to commit crimes or causing difficulties and obstacles to investigation, prosecution, trial and execution of judgments. Effective implementation of these measures will be the premise and basis for effective criminal proceedings, avoiding violations of citizens' rights and obligations, demonstrating the authority of the State and strengthening the socialist legal system. At the same time, it will contribute to the fight against crime, ensuring security, order and social safety in an effective manner.

The Criminal Procedure Code stipulates:

The court of first instance has the right to apply, change or cancel preventive measures. After receiving the case file, the judge assigned to preside over the trial has the right to decide to apply, change or cancel preventive measures, except for the application, change or cancellation of temporary detention measures decided by the Chief Judge or Deputy Chief Judge of the Court. For defendants in temporary detention whose temporary detention period has expired by the date of the trial, if it is deemed necessary to continue the temporary detention to complete the trial, the Court shall order temporary detention until the end of the trial [32, Article 177].

Thus, after accepting the case, if the Court of First Instance deems it necessary to continue applying the preventive measures against the defendant as applied by the Procuracy, the Court shall maintain the preventive measures and issue a document in accordance with those preventive measures. If deemed necessary, the Court shall change or cancel the preventive measures to suit the reality.

According to the guidance of Resolution 04/2004/NQ-HDTP dated November 5, 2004 of the Council of Judges of the Supreme People's Court:

- Applying temporary detention measures means that the Chief Justice or Deputy Chief Justice of the Court, upon the request of the Judge assigned to preside over the trial, issues an order to temporarily detain the suspect or defendant in cases where the suspect or defendant has not been detained or is being detained but the detention period has expired and, based on the provisions of Article 88 of the Criminal Procedure Code, it is deemed necessary to temporarily detain or continue to detain the suspect or defendant.

- Changing the measure of temporary detention is when the Chief Judge or Deputy Chief Judge of the Court, upon the request of the Judge assigned to preside over the trial, decides to change the measure of temporary detention to another preventive measure in the case where the suspect or defendant is being detained, but it is deemed unnecessary to continue to detain the suspect or defendant and other preventive measures can be applied (prohibition from leaving the place of residence; bail; depositing money or valuable assets as security).

- Cancellation of detention measures means that the Chief Justice or Deputy Chief Justice of the Court, upon the request of the Judge assigned to preside over the trial, issues a decision to cancel the detention measure against the suspect or defendant in cases where the suspect or defendant is being detained, but it is deemed unnecessary to continue detaining the suspect or defendant and it is also unnecessary to apply other preventive measures.

- After deciding to apply, change or cancel the detention measure, if deemed necessary, the Chief Justice or Deputy Chief Justice of the Court still has the right to cancel or reapply the detention measure [53].

Chapter 1 Conclusion

Preventive measures play a very important role in the process of resolving criminal cases, but they also have a great impact on the basic rights and interests of citizens and the social environment surrounding the subject. To avoid the negative impacts of applying preventive measures on the reputation of the Party and State agencies, for all subjects, in addition to the general requirements stipulated in the Criminal Procedure Code, the Party and the State as well as the Supreme People's Court also set out requirements for close direction, ensuring comprehensiveness when implementing is very necessary.

The studies in this chapter show that, given the characteristics and significance of deterrent measures, the proper application of deterrent measures to each offender is very important.

The study also shows that the Party, the State and the Supreme People's Court have issued many documents containing contents related to the application of preventive measures. From these documents, it can be seen that, in addition to legal requirements, political and professional requirements are also very important. When applying preventive measures to criminals, it is necessary to carefully consider all factors and bases for application.

Chapter 2

CURRENT STATUS OF APPLYING PREVENTIVE MEASURES IN THE FIRST INSTANCE TRIAL PHASE IN THE CITY

HANOI FROM 01/01/2008 TO THE END OF 2012

2.1. Current situation

Before August 2008, Hanoi Capital had an area of 920.10 km2 , divided into 9 districts, 5 counties with 128 communes. At this time, Hanoi was a city with the 5th largest population in the country, with the highest population density in the country (12 times higher than the average population density). Implementing Resolution 15 of the National Assembly, in August 2008, Hanoi Capital and Ha Tay Province and some districts of Hoa Binh Province merged, the area of the capital was expanded, the population increased, this means that the area is increasingly complicated, the crime situation has many fluctuations after the merger.

Furthermore, Hanoi is the political, cultural and social center of the Socialist Republic of Vietnam. Hanoi has the headquarters of the Party, the State, agencies, unions and social organizations; Hanoi is also identified as one of the largest economic centers of Vietnam. In the area, there are many large establishments, factories and enterprises, playing an important role in the national economy. At the same time, it is the cultural, educational, medical, scientific and technological center of our country. In Hanoi, there are many famous historical sites as well as famous landscapes and landscapes, attracting domestic and foreign tourists to Hanoi for sightseeing. According to statistics from the immigration management agency, every year there are more than 100,000 foreign tourists coming to Hanoi for sightseeing, tourism, economic activities...

Currently, Hanoi has more than 100 academies, universities, colleges, and vocational high schools with a large number of students and teachers; The capital is also home to many permanent agencies and temporary delegations such as:

embassies, representative offices of foreign countries in Vietnam, international organizations operating in different fields. Currently, there are more than 700 representative offices with more than 1,200 foreigners working in Hanoi.

Hanoi is one of the three centers of several major religions in Vietnam: Catholicism, Buddhism and Protestantism. In Hanoi, there is the headquarters of the Archbishopric of the Catholic Church of Vietnam, the headquarters of the Protestant General Association and the headquarters of the Central Buddhist Association of Vietnam. In addition, Hanoi also has a number of mosques and a Cao Dai temple. Currently, Hanoi has nearly 30,000 followers of various religions (accounting for about 1% of the capital's population), not counting tens of thousands of people who regularly go to pagodas. Religious activities of several religions currently in the area have close relations with individuals and religious organizations abroad.

From the above reality, the crime situation in Hanoi has many complicated developments, besides there are many potential factors causing instability, threatening national security.

Due to the particularly important strategic position of Hanoi, maintaining social order and safety for the capital Hanoi is extremely necessary. Therefore, in the process of protecting the law and the capital, the proper application of preventive measures contributes significantly to the fight against crime, crime prevention and civic education.

Currently, in the Courts in Hanoi, in the process of law enforcement, the Courts are always careful when applying, changing, and canceling preventive measures. However, specifically, how is each preventive measure applied?

From 2008 to 2012, the crime situation tended to increase. In 2008, the entire Hanoi Court handled 6,147 cases/11,061 defendants; in 2009, the entire court handled 7,247 cases/12,537 defendants; in 2010, the entire court handled 6,910 cases/12,492 defendants; in 2011, the entire court handled 7,635 cases/14,652 defendants; in 2012, the entire court handled 8,430 cases/15,851 defendants.

The above data shows that from 2008 to 2012, the average number of cases increased by 1,000 each year. In addition, not only did the number of cases increase, but the number of defendants in each case also increased, and the nature of the cases became increasingly complicated.

For example: the case of Cao Thi Lan, Tran Thi Thuan and accomplices illegally buying and selling drugs in Thanh Nhan ward, Hai Ba Trung district, Hanoi city, the defendants committed crimes over a long period of time with a large number of people, with the assistance of the law enforcement officers, Hai Ba Trung district police, Thanh Nhan ward police, the process of solving the case was very difficult because of many obstacles from the defendants as well as various forces; most recently, the case of Murder and Child Rape of Dang Tran Hoai, with barbaric and unreasonable acts, the defendant took the life of a baby and raped another; the case of robbing a gold shop right on Nguyen Thai Hoc street - the center of the capital; Criminals are increasingly daring and reckless, very scary, stabilizing security and order in the capital is an urgent and long-term task, reviewing and forecasting the crime situation accurately to help predict and propose measures and solutions to suppress crime, prevent crime and educate and deter crime is of utmost importance. In 2008, the entire Hanoi City Court resolved 6,190 cases - 11,189 defendants, of which the Hanoi Court resolved 908 cases - 2,369 defendants; in 2009, the entire Hanoi City Court resolved 7,189 cases - 12,364 defendants, of which the Hanoi Court resolved 593 cases - 1,580 defendants; In 2010, the entire Hanoi City Court resolved 6,756 cases - 12,097 defendants, of which the Hanoi Court resolved 417 cases - 1,467 defendants; in 2011, the entire Hanoi City Court resolved 7,527 cases - 14,267 defendants, of which the Hanoi Court resolved 456 cases - 1,116 defendants; in 2012, the entire Hanoi City Court resolved 8,402 cases - 15,761 defendants, of which the Hanoi Court resolved

521 cases - 1367 defendants.

The application, change, and cancellation of preventive measures are applied by 100% of the Courts. However, depending on each specific case, at each level of the Court, for each competent person, for each Judge assigned to resolve the case depending on the specific case, for each specific defendant, each person chooses to apply the appropriate preventive measures.

Among the preventive measures, the Court is not entitled to apply the measure of "temporary detention", but only applies measures such as: temporary detention to ensure the trial and execution of judgment, the measure of prohibiting leaving the place of residence, the measure of bail, the measure of depositing money or valuable assets as security.

For the Court, which is the only agency that has the right to judge whether a person is guilty or not guilty, the Court's authority to apply preventive measures is also different from that of the investigation agency or the prosecution agency. The Court is the only agency that, once preventive measures have been applied, no agency has the right to change or cancel the measures that the Court has applied to the offender.

Regarding the authority to apply preventive measures, the Chief Justice or authorized Deputy Chief Justice is the person with the authority to sign orders to apply, change or cancel preventive measures against the defendants.

Among the preventive measures, the measure most applied by the Courts is temporary detention to ensure the trial and execution of sentences.

When accepting a case, after considering the nature of the case, the Court usually maintains the preventive measures against the defendant that were applied in the previous stage; if the defendant is in detention, the Court, in order to ensure the trial and execution of the sentence, continues to issue an order for temporary detention according to the time limit permitted by law. If the crime is particularly serious, the Court orders the defendant to be detained for 3 months and 15 days; if the crime is very serious, the Court orders the defendant to be detained for 2 months and 15 days; if the crime is serious, the Court orders the defendant to be detained for 2 months; if the crime is less serious, the Court orders the defendant to be detained for 2 months.

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