What are the cases of separation in criminal cases for investigation in Vietnam? When must the decision on separation be sent to the Procuracy?
- What are the cases of separation in criminal cases for investigation in Vietnam? When must the decision on separation be sent to the equivalent Procuracy?
- Vietnam: When will a procuracy decide to separate issues from a case?
- What are the responsibilities of prosecutors in separation in cases during the stage of prosecution in Vietnam?
- What is the form of decision on separation in criminal cases in Vietnam?
What are the cases of separation in criminal cases for investigation in Vietnam? When must the decision on separation be sent to the equivalent Procuracy?
Pursuant to Article 170 of the 2015 Criminal Procedure Code, it is stipulated as follows:
Joinder or separation in criminal cases for investigation
1. Investigation authorities can join multiple issues for intra vires investigation of a single case in one of the following events:
a) The suspect commits multiple crimes;
b) The suspect commits a crime in multiple times;
c) Several suspects commit one crime, or accomplices and accessories who conceal or fail to report the suspect or use property obtained by crime.
2. Investigation authorities shall only be permitted to separate issues from a case, if such separation is neccesary because investigations into all crimes present cannot be finished in timely manner and such separation does not affect the determination of entire objective truths of the case.
3. A decision on joinder or separation must be sent to the equivalent Procuracy in 24 hours upon the issuance of such decision. The procuracy, if disagreeing with the investigation authority’s decision on joinder or separation, shall decide to annul such decision and state reasons.
Thus, Investigation authorities shall only be permitted to separate issues from a case:
- if such separation is neccesary because investigations into all crimes present cannot be finished in timely manner;
- And such separation does not affect the determination of entire objective truths of the case
At the same time, a decision on separation must be sent to the equivalent Procuracy in 24 hours upon the issuance of such decision..
What are the cases of separation in criminal cases for investigation in Vietnam? When must the decision on separation be sent to the Procuracy? (Image from the Internet)
Vietnam: When will a procuracy decide to separate issues from a case?
Pursuant to Article 242 of the 2015 Criminal Procedure Code, it is stipulated as follows:
Joinder or separation in cases during the stage of prosecution
1. The procuracy shall decide to join issues into one case in the following events:
a) The suspect commits multiple crimes;
b) The suspect commits a crime in multiple times;
c) Several suspects commit one crime, or there are accomplices and accessories who conceal or fail to report the suspect or use property obtained by crime.
2. When the lawsuit against the suspect is suspended, the Procuracy shall decide to separate issues from a case in the following events, if separation is deemed not to affect the determination of unbiased and comprehensive truths:
a) Suspects abscond;
b) Suspects suffer from fatal diseases;
c) Civil commitment is imposed on suspects.
Thus, when the lawsuit against the suspect is suspended, the Procuracy shall decide to separate issues from a case in the following events, if separation is deemed not to affect the determination of unbiased and comprehensive truths:
- Suspects abscond;
- Suspects suffer from fatal diseases;
- Civil commitment is imposed on suspects.
What are the responsibilities of prosecutors in separation in cases during the stage of prosecution in Vietnam?
Pursuant to Clause 2, Article 56, Decision 111/QD-VKSTC 2020 stipulates as follows:
Practice the right to prosecution, supervision of the filing or separation of criminal cases for investigation and prosecution; supervise the exercise of investigative authority; resolve disputes over investigative jurisdiction.
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2. During the prosecution stage, the prosecutor closely examines the basis, conditions, jurisdiction, procedures, and formalities to report and propose the leadership of the unit, the leadership of the Institute to decide on the filing or separation of the case as prescribed in Article 242 of the Criminal Procedure Code.
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Thus, during the prosecution stage, the prosecutor is responsible for closely examining the basis, conditions, jurisdiction, procedures, and formalities to report and propose the leadership of the unit, the leadership of the Institute to decide on the filing or separation of the case as prescribed in Article 242 of the 2015 Criminal Procedure Code.
What is the form of decision on separation in criminal cases in Vietnam?
The current form of decision to separate criminal cases is used according to the form in Section 2, Part 2 of the List of forms, papers, and books on criminal investigation issued with Circular 119/2021/TT-BCA, with the form as follows:
Download the latest template of decision on separation in criminal cases here
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