When will the investigation authorities suspend the processing of criminal information disclosed in Vietnam? How to settle disputes over authority to process criminal information disclosed?
When will the investigation authorities suspend the processing of criminal information disclosed in Vietnam?
Pursuant to Article 148 of the 2015 Criminal Procedure Code of Vietnam, a number of provisions are supplemented by Clause 2, Article 1 of the 2021 Law amending and supplementing a number of articles of the Criminal Procedure Code of Vietnam as follows:
Suspension of the processing of denunciations, criminal information disclosed and requisitions for charges
1. Competent authorities, upon the expiration of the time limit as defined in Article 147 of this Law, shall decide to suspend the processing of denunciations, information and charge requests in one of the following events:
a) Expert examination, valuation and foreign judicial assistance have been requisitioned to no avail;
b) Though authorities and entities have been asked to provide essential documents and items that lead to the decision to or not to press charges, nothing works.
c) Unable to finish the examination and verification to decide to prosecute or not to prosecute the case due to force majeure due to natural disasters or epidemics.
The Chief Procurator of the Supreme People's Procuracy shall assume the prime responsibility for, and coordinate with the Minister of Public Security, the Minister of National Defense and heads of other relevant agencies in detailing this point.
2. Investigation authorities and units assigned to investigate, in 24 hours upon the decision to suspend the processing of denunciations, information and requisitions, must send such decision and relevant documents to the equivalent Procuracy or competent Procuracy, which administer and forward such decision to the authorities and entities making denunciations, disclosing criminal information and requisitioning charges.
If a suspension decision is unsubstantiated, the Procuracy shall annul such decision to have investigative activities continued. The procuracy, in 24 hours upon its decision to abrogate the suspension, must send its decision to investigation authorities and units assigned to investigate, and authorities and entities making denunciations, disclosing criminal information or requisitioning charges. The time limit for the continued processing of denunciations, information and charge requests shall not exceed 01 month after investigation authorities and units assigned to investigate receive the decision to invalidate the suspension.
3. If the processing of denunciations, information and charge requests is suspended, expert examination, valuation or judicial assistance shall persist until final findings are available.
According to the above provisions, in order to suspend the settlement of criminal information disclosed, the necessary condition is that the time limit for dealing with criminal information disclosed has expired.
Thus, it is only allowed to temporarily suspend the settlement of criminal information disclosed in the following 03 cases:
- Expert examination, valuation and foreign judicial assistance have been requisitioned to no avail;
- Though authorities and entities have been asked to provide essential documents and items that lead to the decision to or not to press charges, nothing works.
- Unable to finish the examination and verification to decide to prosecute or not to prosecute the case due to force majeure due to natural disasters or epidemics.
When will the investigation authorities suspend the processing of criminal information disclosed in Vietnam? How to settle disputes over authority to process criminal information disclosed?
When will criminal information disclosed be resumed?
Pursuant to Article 149 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Resumption of the processing of denunciations, criminal information disclosed and requisitions for charges
1. When the vindication for the suspension of the processing of denunciations, information and charge requests languishes, investigation authorities and units assigned to investigate shall decide to resume the processing of denunciations, information and requisitions. The time limit for the continued processing of denunciations, information and charge requests shall not exceed 01 month upon the decision on resumption.
2. Investigation authorities and units assigned to investigate, in 03 days upon their decision to resume the processing of denunciations, information and requisitions, must send such decision to the equivalent Procuracy or competent Procuracy, and authorities and entities making denunciations, disclosing criminal information or requisitioning charges.
Thus, the competent authority will resume the settlement of criminal information disclosed when the vindication for the suspension of the processing of denunciations, information and charge requests languishes.
The time limit for handling criminal information disclosed is within 1 month upon the decision on resumption.
How to settle disputes over authority to process criminal information disclosed?
Pursuant to Article 150 of the 2015 Criminal Procedure Code of Vietnam stipulating settlement of disputes over the authority to process criminal information disclosed as follows:
- The immediate superior Procuracy shall settle disputes over the authority to process denunciations, information and requisitions. The competent Procuracy shall settle disputes over the authority to process denunciations, information and charge requests among units assigned to investigate.
- The Supreme People’s Procuracy or the Central military procuracy shall settle disputes over the authority to process denunciations, information and charge requests among provincial investigation authorities or among military investigation units in military zones, respectively.
The provincial People’s Procuracy or Military procuracy related to the authority or military zone that first receive denunciations, information and charge requests shall settle disputes over the authority to process denunciations, information and charge requests among district investigation authorities from various provinces or centrally-affiliated cities or among military investigation units from different military zones.
- The head of the Supreme People’s Procuracy shall settle disputes over the authority to process denunciations, information and charge requests among investigation units of the people's police force, People’s Army and Supreme People’s Procuracy.
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