Who is subject to the measure of banning leaving the place of residence?
(Baonghean.vn) - Mr. Nguyen Minh An in Do Luong district asked: To whom does the measure of prohibiting leaving the place of residence apply? Who has the authority to decide on the application of the measure of prohibiting leaving the place of residence and for how long does it apply?
Reply:
-Prohibition from leaving the place of residence is a preventive measure that can be applied to suspects and defendants with a clear place of residence and background to ensure their presence upon summons from the investigation agency, the prosecutor's office, or the court.
In case the accused has a legitimate reason to temporarily leave his/her place of residence, he/she must have the consent of the commune, ward or town authorities where he/she resides and must have a permit from the agency that applied the preventive measures.
This preventive measure is less severe than detention, the person subject to this measure is not isolated from society but only has their freedom of movement restricted. Therefore, the subject of this measure is usually the accused:
-Committing less serious crimes;
- First offense;
-Have a clear place of residence;
-Honest declaration attitude;
-And there is every reason to believe that they will not flee;
- Do not hinder the investigation, prosecution, trial or continue to commit crimes.
- Legal basis based on Clause 3, Article 123 of the 2015 Criminal Procedure Code:
According to the provisions of the 2015 Criminal Procedure Code, the following persons have the right to apply the preventive measure of prohibiting them from leaving their place of residence:
+ Heads and Deputy Heads of investigation agencies at all levels.
+ Chief Prosecutor, Deputy Chief Prosecutor of the People's Procuracy and Chief Prosecutor, Deputy Chief Prosecutor of Military Procuracy at all levels;
+ Chief Justice, Deputy Chief Justice of the People's Court and Chief Justice, Deputy Chief Justice of Military Courts at all levels, Trial Council;
+ Judge presiding over the trial;
+ Border Guard Station Chief.
Note that when the Chief and Deputy Chief of the Investigation Agency at all levels apply this measure, it must be approved by the People's Procuracy at the same level before implementation.
-According to Clause 4, Article 123 of the 2015 Criminal Procedure Code, “The period of prohibition from leaving the place of residence shall not exceed the period of investigation, prosecution or trial as prescribed in this Code. The period of prohibition from leaving the place of residence for a person sentenced to imprisonment shall not exceed the period from the date of sentencing until the time the person goes to serve the prison sentence”.
The period of prohibition from leaving the place of residence during the investigation phase is decided by the investigation agency but must not exceed the investigation period.
The period of prohibition from leaving the place of residence at the prosecution stage is decided by the Procuracy but must not exceed the prosecution period.
The period of prohibition from leaving the place of residence during the trial stage is decided by the Court but must not exceed the trial period.
If a convicted person is sentenced to imprisonment, the period of house arrest for them must not exceed the period from the date of sentencing until the time the person goes to serve the prison sentence.
