How long is the time limit for detention for investigation in Vietnam? Is the duration of temporary detention deducted from the imprisonment duration?
How long is the time limit for detention for investigation in Vietnam?
Pursuant to the provisions of Article 173 of the Criminal Procedure Code 2015, it is stipulated as follows:
Time limit for detention for investigation
1. The time limit for temporary detention of suspects for investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies.
2. If an investigation must be prolonged due to a variety of complex facts in the case and no grounds for change or termination of detention exist, the investigation authority shall, within 10 days prior to the expiration of the time limit, request The procuracy to extend the detention.
Detention is extended as follows:
a) Detention of offenders of misdemeanors may be extended once for 01 more month;
b) Detention of offenders of felonies may be extended once for 02 more month;
c) Detention of offenders of horrific felonies may be extended once for 03 more month;
d) Detention of offenders of extremely severe felonies may be extended twice, for 04 more months each time.
3. The procuracy's authority to extend detention:
b) A district People’s Procuracy or local Military procuracy is entitled to extend detention of offenders of misdemeanors, felonies and horrific felonies. If a provincial investigation authority or a military zone’s investigation authority handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone is entitled to extend detention of offenders of misdemeanors, felonies, horrific felonies and to decide the first extension of detention of offenders of extremely severe felonies;
b) If the investigation is incomplete despite the expiration of the first extension as stated in Point a of this Section and no grounds for change or termination of temporary detention exist, the provincial People’s Procuracy or Military procuracy of the military zone may decide the second extension against offenders of extremely severe felonies.
4. If an investigation authority of the Ministry of Public Security, Ministry of Defense or People’s Supreme Procuracy handles the investigation, the Supreme People’s Procuracy or Central military procuracy shall decide to extend the investigation.
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According to the above regulations, the time limit for temporary detention of suspects for investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies.
If an investigation must be prolonged due to a variety of complex facts in the case and no grounds for change or termination of detention exist, the investigation authority shall, within 10 days prior to the expiration of the time limit, request The procuracy to extend the detention.
Detention is extended as follows:
- Detention of offenders of misdemeanors may be extended once for 01 more month;
- Detention of offenders of felonies may be extended once for 02 more month;
- Detention of offenders of horrific felonies may be extended once for 03 more month;
- Detention of offenders of extremely severe felonies may be extended twice, for 04 more months each time.
How long is the time limit for detention for investigation in Vietnam? Is the duration of temporary detention deducted from the imprisonment duration?
How to calculate the duration of temporary detention? Is the duration of temporary detention deducted from the imprisonment duration in Vietnam?
Pursuant to the provisions of Article 38 of the Criminal Code 2015, it is stipulated as follows:
Determinate imprisonment
1. Determinate imprisonment means forcing the convict to serve his/her sentence in a detention facility over a certain period of time.
The duration of determinate imprisonment imposed upon an offender is from 03 months to 20 years.
The duration of temporary detention shall be deducted from the imprisonment duration; 01 day of temporary detention equals (=) 01 day in prison.
2. Determinate imprisonment shall not be imposed upon a person who commits a less serious crime for the first time and has a fixed residence.
According to the above regulations, the duration of temporary detention shall be deducted from the imprisonment duration; 01 day of temporary detention equals (=) 01 day in prison.
Specifically, if a 3-year prison sentence is served but the temporary detention period ends at 18 months, the remaining prison sentence is only 18 months.
Who will manage the assets of persons in temporary detention in Vietnam?
Pursuant to Article 120 of the Criminal Procedure Code 2015, it is stipulated as follows:
Attention to kindred and preservation of property for persons in temporary detainment or detention
1. If persons on temporary detainment or in detention live with disabled, senile or mentally ill individuals left unattended, the authorities deciding temporary detainment or detention shall assign other relatives to provide them with care. If no relative exists, the authorities deciding temporary detainment or detention shall put them into care by local authorities in the commune, ward or town where they reside. The care of children of persons on temporary detainment or in detention shall comply with the Law on enforcement of temporary detainment and detention.
2. If persons in temporary detainment or detention own houses or property left unattended, the authorities deciding temporary detainment or detention shall implement methods of preservation.
3. The authorities deciding temporary detainment or detention shall give persons on temporary detainment or in detention a notice of the attention to their kindred and property. Such notice shall be executed in writing and stored in case files.
Thus, if persons in temporary detainment or detention own houses or property left unattended, the authorities deciding temporary detainment or detention shall implement methods of preservation.
The authorities deciding temporary detainment or detention shall give persons on temporary detainment or in detention a notice of the attention to their kindred and property. Such notice shall be executed in writing and stored in case files.
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