In the fast-paced era of technology, police impersonation scam have become increasingly sophisticated and common. To protect yourself and your assets, it is crucial for citizens to be equipped with knowledge on how to differentiate between real and fake police officers, as well as to understand the official procedures of police work. This article provides important information and detailed guidance to help you identify and avoid fraud related to police impersonation. We will start by examining the circumstances under which police have the right to conduct surprise checks, then explore the official procedures for police work, and finally, discuss how to recognize and avoid imposters.
I. Circumstances for Surprise Checks
Understanding the situations in which police have the right to conduct surprise checks is the first step in identifying and dealing with fraudulent activities. According to the law, the police are authorized to conduct surprise checks under certain conditions. Below are some specific situations:
Search in Case of Administrative Violations:
Searching premises for hiding evidence or tools related to administrative violations, such as a residence, is carried out when there is a basis to believe that the location is concealing evidence or means of violation. In such cases, the district-level People’s Committee Chairman considers and decides to search the place. All cases of searching must be authorized by a written decision and recorded. (According to Article 129 of the Law on Handling Administrative Violations)
Residence Check:
Commune police and people’s police are authorized to check the residence of citizens, households, agencies, and organizations within their jurisdiction. Checks can occur regularly or unexpectedly, even at night. (Article 25, Circular 55/2021/TT-BCA of the Ministry of Public Security)
Administrative Checks at Business Premises:
At business establishments such as motels and hotels, the police have the right to conduct regular or surprise checks. However, surprise checks are only conducted when there are signs of law violations related to public security, complaints, denunciations, or as directed by higher police authorities. (Clause 1, Article 50 of Decree No. 96/2016/ND-CP)
House Searches:
Police are only permitted to search residences when there is a basis to believe that the location contains tools, means of crime, documents, items, or electronic data related to the case. Searches require a warrant from an authorized individual and must include the presence of local government representatives and witnesses. (According to Article 195 of the Criminal Procedure Code)
Understanding these situations where surprise checks are allowed is essential, but more importantly, understanding the official procedures of police work will help you differentiate when a request for inspection is legitimate.
II. Official Procedure for Police Summons
After understanding the situations where the police have the right to conduct checks, we need to explore their official working procedures. This knowledge will help you identify unusual signs and avoid being deceived by impostors.
Official Decision: Summons must be approved by a higher authority, reflected through an official summons or subpoena. (Circular 01/2006/TT-BCA)
Method of Summons: The summons or subpoena will be sent to the individual through official channels such as the local commune, ward, or town police where the individual resides, or via postal service.
Important Note: According to this circular, the police are not allowed to request individuals to come for questioning over the phone or through third parties without an official summons or subpoena. The document must contain full information about the time, place, purpose, and rights and responsibilities of the person being summoned.
Understanding this procedure not only helps you protect yourself but also serves as an effective tool for determining the legality of requests from the police.
III. How to Identify Police Impersonators and Avoid Scams
With the advancement of technology, methods of impersonating the police have become more sophisticated and widespread. To protect yourself and your assets, citizens need to be equipped with the knowledge to distinguish between real and fake police officers and to be familiar with the legal working procedures of the authorities.
Detecting Police Impersonators:
Identification through Uniform and Conduct: Impostors often wear unofficial, incomplete, or mismatched uniforms. They may deliberately display unauthorized tools such as handcuffs, batons, or improper documents. Careful observation of their attitude, gestures, and working style can help identify unusual signs.
Probing Knowledge: If suspicious, you can subtly question the individual about information related to police work, such as their training background, recruitment process, and current unit. Impostors often reveal inconsistencies when answering these questions.
Evaluating Information: After interacting with the individual, you should gather and analyze the information they provided to check for any inconsistencies. If unsure, seek advice from family or friends with knowledge of police work or contact the local police unit for verification.
Verification: In cases of doubt, you can take photos or record the individual (if possible) to compare with official information from the police department. Do not blindly trust their words or requests without thorough verification.
Understanding these methods of impersonation and identification helps you proactively avoid scam risks.
IV. Preventative Measures
To avoid being scammed by police impersonators, citizens should pay attention to the following:
Request Official Documentation: Police always carry official documents such as a summons or subpoena. They do not request information over the phone, through messages, or email.
Be Wary of Money Transfer Requests: Fake police often make suspicious requests, such as transferring money to a bank account or providing sensitive personal information like ID numbers or bank account details. The legitimate police never make these requests over the phone.
V. Warnings and Responses
To protect yourself, citizens should take the following actions:
Request Proper Identification: Always ask police officers to present valid identification and prove their authority before cooperating.
Do Not Share Personal Information: Do not provide personal information, ID numbers, or bank account details unless you are certain of the individual’s identity.
Report Suspicious Activity: If you suspect fraud, report it immediately to the nearest police station for support and handling. Be particularly cautious of calls claiming to be from investigative agencies asking you to appear for questioning without an official summons or subpoena.
VI. Conclusion
Understanding the regulations on inspections and police summons helps both citizens and foreigners protect their rights. It also aids in avoiding fraudulent activities effectively. Raising awareness, thoroughly verifying information, and not sharing personal information through unofficial channels are the best ways to protect yourself. If you need further advice on these regulations, please contact our team of experts.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
