Procuracy's Decision on Case Transfer for Investigation: In Which Cases? What is the Duration of Criminal Case Investigation?
When does the Procuracy decide to transfer a case for investigation?
Based on Clause 1, Article 169 of the Criminal Procedure Code 2015, stipulates as follows:
Transfer of a case for investigation
1. The same-level Procuracy shall decide to transfer a case for investigation when falling into one of the following cases:
a) The same-level Investigative Agency considers that the case does not fall under its jurisdiction for investigation and proposes to transfer the case;
b) The superior Investigative Agency withdraws the case for investigation;
c) The Investigator being changed is the Head of the Investigative Agency;
d) The Procuracy has requested to transfer the case, but the Investigative Agency does not comply.
2. The transfer of the case outside the province, centrally-run city, or outside the military zone shall be decided by the provincial People's Procuracy or the Military Procuracy of the military zone.
3. Procedures for transferring the case for investigation under the jurisdiction:
a) Within 03 days from the date of receiving the proposal from the Investigative Agency, the competent Procuracy must issue a decision to transfer the case;
b) Within 24 hours from the time of issuing the decision to transfer the case, the Procuracy must send the decision to the Investigative Agency investigating the case, the competent Investigative Agency to continue investigating the case, the accused or the representative of the accused, the defender, the victim, and the competent Procuracy.
4. Within 03 days from the date of receiving the decision to transfer the case, the Investigative Agency investigating the case is responsible for transferring the case file to the competent Investigative Agency to continue the investigation.
5. The investigation period shall be calculated from the date the Investigative Agency receives the case file until the end of the investigation period of the case as prescribed by this Code. If the investigation period expires without concluding the investigation, the competent Procuracy shall consider and decide to extend the investigation according to the general procedures prescribed in this Code.
As such, the Procuracy decides to transfer a case for investigation in the following cases:
- The same-level Investigative Agency considers that the case does not fall under its jurisdiction for investigation and proposes to transfer the case;
- The superior Investigative Agency withdraws the case for investigation;
- The Investigator being changed is the Head of the Investigative Agency;
- The Procuracy has requested to transfer the case, but the Investigative Agency does not comply.
When does the Procuracy decide to transfer a case for investigation? Investigation period for criminal cases.
Under what circumstances can a criminal case be consolidated or separated for investigation?
Based on Article 170 of the Criminal Procedure Code 2015, stipulates as follows:
Consolidation or separation of criminal cases for investigation
1. The Investigative Agency may consolidate cases for investigation within its jurisdiction in the following cases:
a) The accused commits multiple crimes;
b) The accused commits a crime multiple times;
c) Multiple accused jointly commit a crime, or along with the accused, there are others who conceal the crime, do not report the crime, or consume assets obtained from the crime by the accused.
2. The Investigative Agency may only separate a case when necessary if it cannot quickly complete the investigation of all the crimes, and such separation does not affect the objective and comprehensive determination of the case's truth.
3. The decision to consolidate or separate cases must be sent to the same-level Procuracy within 24 hours from the time of decision. If the Procuracy disagrees with the decision to consolidate or separate the case, it shall issue a decision to annul it and state the reasons.
Thus, the Investigative Agency may consolidate cases for investigation within its jurisdiction in the following cases:
- The accused commits multiple crimes;
- The accused commits a crime multiple times;
- Multiple accused jointly commit a crime, or along with the accused, there are others who conceal the crime, do not report the crime, or consume assets obtained from the crime by the accused.
In addition, the Investigative Agency may only separate a case when necessary if it cannot quickly complete the investigation of all the crimes, and such separation does not affect the objective and comprehensive determination of the case's truth.
What is the duration of the investigation period in a criminal case?
Based on Article 172 of the Criminal Procedure Code 2015, stipulates as follows:
Investigation period
1. The investigation period for a criminal case shall not exceed 02 months for less serious crimes, 03 months for serious crimes, 04 months for very serious crimes, and particularly serious crimes from the time of initiation of the case to the conclusion of the investigation.
2. If the investigation needs to be extended due to the complexity of the case, the Investigative Agency must submit a written request for extension to the Procuracy no later than 10 days before the expiration of the investigation period.
The extension is stipulated as follows:
a) For less serious crimes, the investigation may be extended once for up to 02 months;
b) For serious crimes, the investigation may be extended twice, the first extension for up to 03 months and the second extension for up to 02 months;
c) For very serious crimes, the investigation may be extended twice, each extension for up to 04 months;
d) For particularly serious crimes, the investigation may be extended three times, each extension for up to 04 months.
3. For particularly serious crimes that have exhausted the extension time but due to their extraordinary complexity, the investigation cannot be concluded, the Supreme People's Procurator may extend the investigation once for up to 04 months.
For crimes infringing upon national security, the Supreme People's Procurator may extend the investigation once for up to 04 months.
4. If there is a change or addition to the decision to initiate criminal proceedings, or in the case of case consolidation, the total investigation period shall not exceed the duration stipulated in Clauses 1, 2, and 3 of this Article.
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The investigation period for a criminal case shall not exceed 02 months for less serious crimes, 03 months for serious crimes, 04 months for very serious crimes, and particularly serious crimes from the time of initiation of the case to the conclusion of the investigation.
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