QUESTION:

Please let me know the cases that persons held in temporary detention or custody are not agreed to meet the relatives under current laws?

ANSWER:

According to Clause 4 of Article 22 of Law on Temporary detention and custody, the persons held in temporary detention or custody are not agreed to meet the relatives in the following cases with stated reasons:

  • The relatives fail to present their personal papers or papers demonstrating the relation with the persons held in temporary detention or custody or the body handling the case issues a written requirement not permitting the persons held in temporary detention or custody to meet their relatives due to possible serious effect on the settlement of the case; the advocate fails to present his/her personal papers or papers concerning the advocacy to the persons held in temporary detention or custody;
  • In case of emergency to safely protect the custody facility or arrest the persons held in temporary detention or custody who flee;
  • When there is disease occurrence in the area with custody facility;
  • When giving the emergency aid to the persons held in temporary detention or custody or when they are suffering from infectious diseases of Group A;
  • When questioning or interrogating the persons held in temporary detention or custody or when they are involved in other procedural activities;
  • The persons held in temporary detention or custody do not want to have a meeting. In this case, the person coming for meeting can see the persons held in temporary detention or custody directly to confirm the refusal of meeting.
  • The persons coming for meeting intentionally breach the rules of custody facility or regulations on custody management from 02 times or more;
  • The persons held in temporary detention or custody are being disciplined in accordance with the provisions in Clause 3, Article 23 of Law on Temporary detention and custody./.