Is the time limit for further investigation in Vietnam based on the type of crime? Which level of the People’s Procuracy shall ratify an investigation?
- What are the regulations on the time limit for investigation in Vietnam?
- Is the time limit for further investigation in Vietnam based on the type of crime?
- Which level of the People’s Procuracy shall ratify the first and second extensions of an investigation into extremely severe felonies in Vietnam?
What are the regulations on the time limit for investigation in Vietnam?
Pursuant to the provisions of Clause 1 and Clause 2, Article 172 of the 2015 Criminal Procedure Code, the time limit for investigation is as follows:
Time limit for investigation
1. The time limit for a criminal investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies. The time limit applies from the filing of charges to the end of the investigation.
2. If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.
An investigation is extended as follows:
a) An investigation into misdemeanors may be extended once for 02 more months;
b) An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;
c) An investigation into horrific felonies may be extended twice, for 04 more months each time;
d) An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.
The time limit for a criminal investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies. The time limit applies from the filing of charges to the end of the investigation
If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.
Is the time limit for further investigation in Vietnam based on the type of crime? (Image from the Internet)
Is the time limit for further investigation in Vietnam based on the type of crime?
Pursuant to the provisions of Clause 2, Article 174 of the 2015 Criminal Procedure Code:
Time limit for resumption of investigation, further investigation, re-investigation
1. If an investigation resumes as per Article 235 of this Law, the time limit for the continued investigation shall not exceed 02 months for misdemeanors and felonies and 03 months for horrific and extremely severe felonies. Such time limit applies from the issue date of the decision to resume investigation to the closure of the investigation.
If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.
An investigation is extended as follows:
a) An investigation into misdemeanors may be extended once for 01 more month;
b) An investigation into felonies and horrific felonies may be extended once for 02 more months;
c) An investigation into extremely severe felonies may be extended once for 03 more months.
The authority to extend investigations into each type of crime is defined in Section 5, Article 172 of this Law.
2. If The procuracy returns case files for further investigation, the time limit for the additional investigation shall not exceed 02 months. If a Court returns case files for further investigation, the time limit added shall not exceed 01 month. The procuracy can return case files for further investigation twice. The presiding judge of a Court can return case files for further investigation once and the Trial panel can return case files for additional investigation once.
The time limit for an additional investigation commences upon the investigation authority’s retrieval of case files and request for further investigation/
3. If case files are returned for re-investigation, the time limit and extension of investigation shall be governed by Article 172 of this Law.
The time limit for investigation commences upon the investigation authority’s retrieval of case files and request for re-investigation.
4. The investigation authority, when resuming, furthering and resetting an investigation, is entitled to implement, alter or terminate preventive and coercive measures as per this Law.
If a detention is deemed necessary as per the grounds defined in this Law, the time limit for detention for resumption or furthering of the investigation shall not exceed the relevant time limit as defined in Section 1 and Section 2 of this Article.
The time limit and extension of detention for re-investigation are governed by Article 173 of this Law.
Thus, the time limit for further investigation is based on the authority of the requesting entity to request further investigation. If The procuracy returns case files for further investigation, the time limit for the additional investigation shall not exceed 02 months. If a Court returns case files for further investigation, the time limit added shall not exceed 01 month. The procuracy can return case files for further investigation twice. The presiding judge of a Court can return case files for further investigation once and the Trial panel can return case files for additional investigation once.
Thus, the time limit for further investigation is not based on the type of crime
Which level of the People’s Procuracy shall ratify the first and second extensions of an investigation into extremely severe felonies in Vietnam?
Pursuant to the provisions of Clause 5, Article 172 of the 2015 Criminal Procedure Code, the time limit for investigation is as follows:
Time limit for investigation
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5. The procuracy's authority to extend an investigation:
a) An investigation into misdemeanors is extended by a district People’s Procuracy or local Military procuracy. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the extension of investigation;
b) A district People’s Procuracy or local Military procuracy shall ratify the first and second extensions of an investigation into felonies. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;
c) A district People’s Procuracy or local Military procuracy shall ratify the first extension of an investigation into horrific felonies while the provincial People’s Procuracy or Military procuracy of a military zone shall decide the second extension. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;
c) A provincial People’s Procuracy or Military procuracy of a military zone shall ratify the first and second extensions of an investigation into extremely severe felonies while the Supreme People’s Procuracy or central military People’s Procuracy shall decide the third extension;
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Thus, a provincial People’s Procuracy or Military procuracy of a military zone shall ratify the first and second extensions of an investigation into extremely severe felonies while the Supreme People’s Procuracy or central military People’s Procuracy shall decide the third extension
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