Distinguish between charges against suspects and criminal charges in Vietnam? When does the Procuracy have the right to issue a decision on pressing charges against suspects in Vietnam?
Distinguish between charges against suspects and criminal charges in Vietnam?
Pursuant to Article 143 of the 2015 Criminal Procedure Code of Vietnam on justifications of criminal charges as follows:
Justifications of criminal charges
A charge shall only be filed upon the ascertainment of signs of criminal activities. Signs of criminal activities are ascertained by:
1. A person’s denunciation;
2. Information disclosed by an organization or individual;
3. Information provided through mass media;
4. A governmental authority’s requisitions for charges;
5. Competent procedural authorities' direct exposure of signs of criminal activities;
6. A perpetrator’s confession.
According to Clause 1, Article 179 of the 2015 Criminal Procedure Code of Vietnam on filing of charges against suspects as follows:
Filing of charges against suspects
1. When a person or juridical person is found on sufficient evidences to commit an act defined by the Criminal Code as a crime, investigation authorities shall decide to file charges against suspects.
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According to the above provisions, prosecuting a criminal case is a step in the legal process to solve a criminal case in general and in the prosecution phase in particular. A charge shall only be filed upon the ascertainment of signs of criminal activities according to the above-mentioned justifications.
Filing of charges against suspects shall be conducted when a person or juridical person is found on sufficient evidences to commit an act defined by the Criminal Code as a crime.
Distinguish between charges against suspects and criminal charges in Vietnam? When does the Procuracy have the right to issue a decision on pressing charges against suspects in Vietnam?
When does the Procuracy have the right to issue a decision on pressing charges against suspects in Vietnam?
According to the provisions of Clause 4, Article 179 of the 2015 Criminal Procedure Code of Vietnam on prosecuting the accused as follows:
Filing of charges against suspects
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4. The procuracy, upon the exposure of a perpetrator committing uncharged acts defined as crimes by the Criminal Code, shall request investigation authorities to file charges against the suspect or, if investigation authorities do not respond to such request, shall directly press charges. The procuracy, in 24 hours upon issuing a decision to charge a suspect, must send such decision to investigation authorities for investigation.
The procuracy, when acquiring investigative documents and findings and uncovering other perpetrators of uncharged acts defined as crimes in the Criminal Code, shall press charges against such suspects and return documents to investigation authorities for further investigation.
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Thus, the Procuracy is entitled to issue a decision on pressing charges against suspects upon the exposure of a perpetrator committing uncharged acts defined as crimes by the Criminal Code, shall request investigation authorities to file charges against the suspect or, if investigation authorities do not respond to such request.
And the procuracy, in 24 hours upon issuing a decision to charge a suspect, must send such decision to investigation authorities for investigation.
What cases is the decision on pressing charges against suspects in Vietnam amended?
Pursuant to Article 180 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Amendments to the decision on pressing charges against suspects
1. Investigation authorities or procuracies shall amend their decisions to charge suspects in one of the following events:
a) The suspects are evidently found not to commit charged crimes during the process of investigation;
b) A decision to charge contains incorrect full name, age and personal details of the suspects.
2. Investigation authorities and procuracies, if there are grounds on suspects’ commission of other acts defined as crimes in the Criminal Code, shall supplement their decisions to charge suspects.
3. Investigation authorities, in 24 hours upon altering or supplementing their decisions to charge suspects, must send such decisions and relevant documents to the equivalent Procuracy for approval. The procuracy, in 03 days upon receiving the said amendments or supplements to charges against suspects, shall approve or reject such amendments or supplements or request additional evidences and documents that support its approval and respond to investigation authorities in prompt manner.
If The procuracy requests further documents and documents, it shall, in 03 days upon receiving such additional evidences and documents, approve or reject the said amendments or supplements.
The procuracy, in 24 hours upon amending or supplementing charges against suspects, shall have investigation authorities informed for investigation.
4. Investigation authorities, upon obtaining the Procuracy’s amendments or supplements to charges or its approval or rejection of amendments or supplements, shall inform persons charges of such details.
The delivery of the said decisions shall be executed in writing as per Article 133 of this Law.
Thus, investigation authorities or procuracies shall amend their decisions to charge suspects in one of the following events:
- The suspects are evidently found not to commit charged crimes during the process of investigation;
- A decision to charge contains incorrect full name, age and personal details of the suspects.
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