From March 18, interrogation and taking statements must be recorded by audio and video.
The Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court and the Ministry of National Defense have just issued Joint Circular No. 03/2018/TTLT-BCA-VKSNDTC-BQP guiding the order and procedures for making audio or video recordings; using, preserving and storing audio or video recordings during the investigation, prosecution and trial process, effective from March 18, 2018.
According to the Circular, officers questioning suspects or taking statements from legal representatives of commercial legal entities committing crimes shall decide to choose the form of audio recording or video recording with sound.
Officers conducting interrogations or taking statements must register with specialized officers at the detention facility or the headquarters of the Investigation Agency, the Procuracy, or the agency assigned to conduct certain activities to be assigned a specialized room for audio and video recording.
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| Recording audio and video during the process of taking statements aims to increase objectivity and transparency, avoiding wrongful convictions and forced confessions in litigation. |
The interrogation officer then carries out the extraction procedure for the detained suspect or summons the suspect on bail according to regulations (the suspect on bail is not allowed to be brought for interrogation at the detention facility, except in the case of confrontation with the suspect on bail). The recording or video recording with sound must be notified to the person being interrogated and recorded in the minutes.
Audio or video recording begins when the interrogator presses the start button. The officer must read the start time and clearly state it in the minutes. During the interrogation, audio or video recording can be paused by pressing the pause button. Before pausing, the pause time and reason must be clearly read; when continuing, the resume time must also be clearly read; this process is clearly stated in the minutes.
At the end of the session, the interrogator must notify the accused and the legal representative of the criminal commercial legal entity that the interrogation session is over and press the end button. The end time must be clearly stated in the minutes.
In case of failure to arrange audio or video recording equipment, the interrogation shall not be conducted. In case of technical problems during the interrogation, the interrogation and taking of statements must be stopped immediately. This must be clearly stated in the minutes, with confirmation from the professional staff.
The joint circular stipulates prohibited acts including: Arbitrarily editing, cutting, splicing, forging, illegally destroying, distorting, damaging, or losing audio or video recording data; copying, distributing, exploiting, or using audio or video recording results for purposes other than those prescribed; disclosing or leaking case information or infringing upon the rights, legitimate interests, reputation, or honor of agencies, organizations, or individuals; destroying facilities, intentionally damaging, or improperly using technical means and equipment used for audio or video recording.