When is temporary detainment in criminal cases applied? What is the time limit for temporary detainment in Vietnam?
When is temporary detainment in criminal cases applied?
Pursuant to Article 117 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Temporary detainment in Vietnam
1. Temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.
2. The individuals authorized to issue detainment orders as per Section 2 of Article 110 of this Law are entitled to decide temporary detainment.
A decision on temporary detainment must specify full name and address of the person on temporary detainment, reason, time, starting and final date of temporary detainment and details as per Point 2, Article 132 of this Law. The decision on temporary detainment must be given to the person on temporary detainment.
3. Enforcers of decisions on temporary detainment must inform persons on temporary detainment and explain their duties and rights as per Article 59 of this Law.
4. The individual issuing the decision on temporary detainment, in 12 hours upon making such decision, must send the decision and supporting documents to the equivalent Procuracy or a competent Procuracy. If the temporary detainment is found unjustified or unnecessary, the Procuracy issues a decision on annulling the decision on temporary detainment. The individual issuing the decision on temporary detainment must immediately discharge the person on temporary detainment.
Thus, temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.
When is temporary detainment in criminal cases applied? What is the time limit for temporary detainment in Vietnam? (Image from the Internet)
What is the time limit for temporary detainment in Vietnam?
Pursuant to Clause 1, Article 118 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Time spent in temporary detainment in Vietnam
1. The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.
Thus, the time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.
Can the time spent in temporary detainment be extended?
Pursuant to Clause 2, Article 118 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Time spent in temporary detainment in Vietnam
...
2. The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.
Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.
Thus, extension of temporary detainment can be applied.
What rights do temporary detainees have?
Pursuant to Clause 2, Article 59 of the 2015 Criminal Procedure Code of Vietnam stipulating:
Temporary detainees
...
2. Temporary detainees are entitled to:
a) Be informed of reasons, obtain decisions and written extension of temporary detainment, written approvals of temporary detainment and other decisions of legal procedure according to this Law;
b) Be informed and explained about their duties and rights as per this Article;
c) Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;
d) Defend themselves or be defended;
dd) Present evidences, documents, items and request;
e) Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;
g) File complaints about competent procedural authorities and persons’ decisions and legal procedure on temporary detainment.
Thus, temporary detainees are entitled to:
- Be informed of reasons, obtain decisions and written extension of temporary detainment, written approvals of temporary detainment and other decisions of legal procedure according to this Law;
- Be informed and explained about their duties and rights as per this Article;
- Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;
- Defend themselves or be defended;
- Present evidences, documents, items and request;
- Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;
- File complaints about competent procedural authorities and persons’ decisions and legal procedure on temporary detainment.
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