Pilot implementation of 5 measures for handling of evidence and property during investigation, prosecution and trial of criminal issues and cases
Resolution No. 164/2024/QH15 provides for the pilot implementation of handling of evidence and property that are seized, held in custody, distrained and frozen during the process of analyzing information on crimes, prosecution, investigation, prosecution and trial of criminal issues and cases, criminal cases under the supervision and direction of the Central Steering Committee Against Corruption and Wastefulness.
Evidence and property subject to handling according to the provisions of Clause 3, Article 106 of the Criminal Procedure Code are not regulated by Resolution No. 164/2024/QH15.
According to the Resolution No. 164/2024/QH15, 5 pilot measures for handling of evidence and property during investigation, prosecution and trial of criminal issues and cases include:
(1) Return money to victims or make deposits into bank accounts to await handling.
(2) Pay amounts of guarantee for the evidence and property to cancel the seizure, custody, distraint, and freeze of evidence and property.
(3) Sell, purchase and convey evidence, and property and handle the proceeds from the sale and conveyance.
(4) Allocate evidence and property to legal owners and managers for management, operation and use.
(5) Temporarily suspend transactions, suspend the registration and transfer of ownership and rights to use property.
In which, returning money to victims or making deposits into bank accounts to await handling shall be implemented as follows:
- If the evidence or property is money that has been seized, held in custody, or frozen, and the proceeding authority has identified the owner, the victim, the amount of damage, and written requests have been made by the victim or the victim's representative and the defendant or another owner of this money, the proceeding authority shall make a decision to return it to the victim following the order and proportions prescribed by civil enforcement law.
The decision to return money to victims shall be sent to the credit institution or State Treasury that is managing the escrow account or is enforcing the account freezing order for implementation;
- If the owner of the amount of money seized or held in custody that is not subject to handling as prescribed in Point a of this Clause requests in writing, the proceeding authority decides to make a deposit into a term deposit account opened by the proceeding authority at the commercial bank of which over 50% charter capital is held by the State holds to await handling.
If the owner of the money in a froze account that is not subject to handling as prescribed in Point a of this Clause requests in writing, the proceeding agency decides to allow the account owner to convert their account into a term deposit account and decides to freeze the deposit account to await handling.
For more details, see Resolution No. 164/2024/QH15 which will come into force from January 01, 2025.
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