Chương II Thông tư liên tịch 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC thủ tục thu nộp ngân sách: Trình tự, thủ tục áp dụng biện pháp đặt tiền để bảo đảm

Chapter II

PROCEDURES FOR GRANTING MONETARY BAIL

Article 6. Application for monetary bail

1. A suspect or defendant, their relative, or their representative if they are under 18 years old or have mental or physical defects may apply for monetary bail with the presiding agency that is handling the suspect/defendant’s case, except for the cases specified in Clause 2, Article 7 of this Joint Circular.

2. The application of the suspect/defendant shall be sent via the detention center or in person to the presiding agency that is handling the case.  Within 1 working day of receiving the application from the suspect or defendant, the detention center shall forward it to the presiding agency that is handling the case.

3. The application made by the relative or representative of the suspect or defendant shall be sent in person to the presiding agency that is handling the case.

Article 7. Notice of monetary bail acceptance

1. Within 3 working days of receiving the application and supporting documents, the presiding agency shall review them. If conditions for granting monetary bail as prescribed in Clause 2 of this Article are satisfied, the agency shall issue a notice of monetary bail acceptance Form No. 04 issued with the Circular to the suspect/defendant, their relative or representative. If the conditions are unsatisfied, they shall provide an explanation in writing.

2. The presiding agency may grant monetary bail to the suspect or defendant, with the exception of the cases listed below. This decision will be based on several factors: the nature and level of danger to society of the crime, the suspect's or defendant's property status and personal background, and whether they: have a permanent and verifiable residence, are a first-time offender; have cooperated with the investigation by disclosing accomplices; demonstrate mitigating circumstances (confessing and/or surrendering to authorities, maintaining a cooperative attitude throughout the proceedings, redeeming their guilt, actively assisting the investigating agencies, showing repentance and voluntarily making amends or compensating for damage, etc.). Additionally, granting bail must not hinder the investigation, prosecution, trial, or enforcement of the sentence:

a) The suspect or defendant involved deceitful methods, committed an organized, professional crime, intentionally caused particularly serious consequences;

b) The suspect or defendant is a mastermind, leader, commander, hardened criminal, thug, repeat offender, dangerous repeat offender;

c) The suspect or defendant is temporarily detained in case of being arrested according to a warrant or wanted decision.

d) The suspect or defendant commits multiple offenses;

dd) The suspect of defendant has committed an offense multiple times.

Article 8. Implementation of monetary bail

1. Within 3 working days of receiving the notice of monetary bail acceptance, the suspect or defendant, their relative, or their representative if they are under 18 years old or have mental or physical defects must post the bail.

If the posting of monetary bail is prevented by objective hindrance or a force majeure event, the deadline will be adjusted to commence anew upon the resolution of the hindering event.

2. Monetary bail is posted as follows:

a) If bail money is paid at the State Treasury, the suspect’s or defendant’s authorize person, suspect’s or defendant’s relative, or suspect’s or defendant’s representative if they are under 18 years old or have mental or physical defects shall bring the notice of monetary bail acceptance so that the State Treasury can check and carry out procedures for depositing the bail money into the bail fund account of the Investigation Agency or the People's Court with the first instance jurisdiction. The payer makes 3 copies of the deposit slip (according to the form of the Ministry of Finance guiding the state accounting applied to the Budget and Treasury management information system). In which, 1 copy of deposit slip to notify the account owner of the credit, 1 copy of deposit slip to return to the payer.  The bail fund account owner shall make a report on the litigants who have posted bail money and send it to the agencies that issued the notice of monetary bail acceptance.

After completing the payment procedure, the State Treasury shall keep 1 copy of the deposit slip, return 1 copy of deposit slip with the notice of monetary bail acceptance to the payer, and send 1 copy of deposit slip to the account holder to notify them of the credit.

b) In case of payment at a financial agency in the Army, the receiving agency shall make a record of handover and receipt of the bail money, with confirmation signatures of the payer and the receiving agency.

The record is made into 3 copies, of which 1 copy is given to the representative of the agency that issued the notice of monetary bail acceptance, 1 copy is given to the payer, and 1 copy is kept at the financial agency that made the record .

Article 9. Decision to grant monetary bail

1. During the investigation phase of a criminal case:

Within 2 working days of receiving the deposit slip to the bail fund account or the record of payment specified in Article 8 of this Joint Circular, the investigation agency of the case shall issue a decision to grant monetary bail to the suspect according to Form No. 05 of this Joint Circular and send it to the Procuracy at the same level for approval. Within 2 working days of receiving the decision to grant monetary bail, request for approval the and relevant documentation from the investigation agency, the Procuracy shall decide to approve or disapprove the decision to grant monetary bail.

When issuing a decision on approval for the decision to grant monetary bail, the Procuracy must decide to replace the preventive measure (end the temporary detention, replace it with the monetary bail).

The investigation agency shall send the approval decision to the detention center.

2. During the prosecution and trial phase:

Within 2 working days of receiving the deposit slip to the bail fund account or the record of payment specified in Article 8 of this Joint Circular, the Procuracy must issue a decision to grant monetary bail according to Form No. 06 of this Joint Circular or the Court must issue a decision to grant monetary bail according to Form No. 07 of this Joint Circular.

When issuing a decision to grant monetary bail, the Procuracy or the Court must decide to replace the preventive measure (end the temporary detention, replace it with the monetary bail) and send immediately send that decision to the detention center where the suspect or defendant is being held.

3. The decision to apply the monetary bail, the Procuracy's decision on approval or disapproval for the decision to apply the monetary bail must be delivered to the suspect or defendant, their authorize person, their relative, or their representative if they are under 18 years old or have mental or physical defects, and also sent to the bail fund account holder, and the detention center.

4. The time limit for posting bail money is based on the time limit for investigation, prosecution and trial. The deadline for posting bail money for a person sentenced to prison is the start date of their prison sentence. In case of extending the investigation, prosecution, trial, or postponing the enforcement of the prison sentence, the time limit for posting a monetary bail is based on the extension of the investigation, prosecution, trial, and postponement of the enforcement of the prison sentence.