How many years does a wanted person evade before he or she can no longer be prosecuted for criminal liability in Vietnam? If the wanted person is not arrested, can the court hold a trial?
How many years does a wanted person evade before he or she can no longer be prosecuted for criminal liability in Vietnam?
According to Article 27 of the 2015 Criminal Code of Vietnam on the time limit for criminal prosecution as follows:
Time limit for criminal prosecution
1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.
2. Time limits for criminal prosecution:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 20 years for very serious crimes;
d) 20 years for extremely serious crimes.
3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
Thus, according to the above provisions, in case of being wanted, the time limit for criminal prosecution shall be reset from the time the person surrenders or is arrested. Therefore, the wanted person, no matter how long he/she hides from the wanted notice, will not escape the crime and will still be criminally responsible when being arrested or surrendered.
How many years does a wanted person evade before he or she can no longer be prosecuted for criminal liability in Vietnam? If the wanted person is not arrested, can the court hold a trial? (Image from the internet)
If the wanted person is not arrested, can the court hold a trial?
Article 290 of the 2015 Criminal Procedure Code of Vietnam provides for the defendant's attendance in the court as follows:
Defendants’ attendance in the court
1. A defendant must be present in the court as per the Court’s subpoena during the trial. If the defendant is absent not due to force majeure or objective obstacles, he shall be delivered by force to the court. If his absence results from force majeure or objective obstacles, the trial shall be halted.
If the defendant suffers from mental illness or fatal disease, the Judicial panel shall suspend the case until the defendant is cured.
If the defendant absconds, the Trial panel shall suspend the case and request investigation authorities to seek for him.
2. The court can only hold a trial in absentia in the following events:
a) The defendant has absconded and remains elusive despite the wanted notice;
b) The defendant is on foreign soil and cannot be summoned to the court;
c) The trial panel approves a request for trial in absentia;
d) The defendant’s absence is not because of force majeure or objective obstacles and does not hinder the trial.
Thus, in cases where the defendant has absconded and remains elusive despite the wanted notice, the court is entitled to hold a trial in absentia.
Who has the right to capture wanted persons in Vietnam?
In Article 112 of the 2015 Criminal Procedure Code of Vietnam on apprehension of wanted persons as follows:
Apprehension of wanted persons in Vietnam
1. Everyone is permitted to capture and deliver by force a wanted person to the nearest police station, Procuracy or People’s committee. The said authorities, when taking in the arrestee, must make a written record of the incident and deliver by force the arrestee and report to competent authorities in a prompt manner.
2. Everyone, when capturing a wanted person, is permitted to disarm such person.
3. If communal, ward or town police unit or police station detects, arrests or takes in, it shall temporarily seize weaponry, retain relevant documents and items, make written record of arrest, take initial statements, protect crime scene as per the laws, deliver by force the arrestee or report to competent investigation authorities in prompt manner.
Thus, according to the above provisions, everyone is permitted to capture and deliver by force a wanted person to the nearest police station, Procuracy or People’s committee.
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