Answer:
Lawyer Tran Xuan Tien, Head of Dong Doi Law Office, City Bar Association. Hanoi said that banning leaving the place of residence is a commonly applied preventive measure to prevent dangers to society and prevent crimes from continuing to occur.
According to Clause 1, Article 123 of the Criminal Procedure Code, prohibiting leaving the place of residence means requiring suspects and defendants with a clear place of residence and background not to leave the place of residence in order to ensure the presence of suspects. them according to the summons of the Investigation Agency, the Procuracy, and the Court.
Accordingly, this preventive measure is applied to the case of:</ p>
– Committing a less serious crime;
– The suspect or defendant is committing a crime for the first time but the subject must have a clear place of residence, Have an attitude of reporting honestly to the investigation agency.
When applying the measure of banning leaving the place of residence, the Investigation Agency, Procuracy, and Court must proceed. Make a written commitment that the suspect or defendant will not leave his/her place of residence and must be present at the competent authority if there is a summons.
In case the suspect or defendant has a reason In order to temporarily leave the place of residence, there must be consent and confirmation from the local government where that person resides and a permit from the agency making the decision to apply preventive measures.</p >
Who has the right to issue a ban on leaving the place of residence?
According to the provisions of Clause 3, Article 123 of the Ministry Criminal Procedure Law 2015, the following people have the right to issue orders banning them from leaving their places of residence:
– HeadsDeputy Heads of Investigation Agencies at all levels.
– Director and Deputy Heads of the Institute Chief of the People’s Procuracy and Chief of the Deputy Chief of the Military Procuracy at all levels.
– Chief Justice, Deputy Chief Justice of the People’s Court and Chief Justice, Deputy Chief Justice of the Military Courts at all levels.
< p>- Judge presiding over the trial Chief of Border Guard Station.
How long is the ban on leaving the place of residence?
According to regulations in 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 according to the provisions of 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 that person goes to serve the prison sentence.”
According to It can be seen that the period of prohibition to leave the place of residence at each stage is prescribed as follows:
– Investigation stage: Decided by the Investigation Agency but not must exceed the investigation time limit;
– Prosecution stage: Decided by the Procuracy but must not exceed the prosecution time limit;
– Trial stage: Decided by the Court but must not exceed the trial period.
– Person sentenced to imprisonment: Duration Prohibited from leaving the place of residence for no longer than the time from the date of sentencing until the time the person goes to serve the prison sentence.
Prohibited from leaving the place of residence with allowed to take relatives to emergency treatment far away?
Point a, Clause 1, Article 123 of the 2015 Criminal Procedure Code clearly states that a person banned from leaving the place of residence must not leave the place of residence if not authorized by the agency that has issued the ban on leaving the place of residence.
On the other hand, according to the provisions of Clause 5, Article 123 of the Criminal Procedure Code:
In case If the accused, due to force majeure or objective obstacles, must temporarily leave their place of residence, they must have the consent of the commune, ward or town authorities where that person resides or the military unit that manages them and must have Permission letter from the person who issued the ban on leaving the place of residence.
Thus, Lawyer Tien said that according to the above regulations in case you are being banned from leaving the place of residence in order to take your mother. When going to a hospital in Hanoi for treatment, you need to contact the authorities of the commune, ward, town or town where you reside or the military unit in charge to get approval and grant a permit to temporarily leave your place of residence.
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