How long is the time limit for temporary detention during investigation? What is the latest form of request for extension of temporary detention in criminal proceedings in Vietnam?
- How long is the time limit for temporary detention during investigation?
- What is the latest form of request for extension of temporary detention in criminal proceedings in Vietnam?
- Which agency has the authority to settle complaints against decisions on arrest or detention during the stage of adjudication?
How long is the time limit for temporary detention during investigation?
Pursuant to Clause 3, Article 459 of the 2015 Criminal Procedure Code of Vietnam providing as follows:
Temporary detainment and detention for investigation, prosecution and adjudication
1. Grounds, authority and procedures for temporary detainment and detention shall abide by this Law.
2. The length of time of temporary detainment shall not exceed 03 days upon the investigation authorities’ acquisition of an arrestee.
3. The time limit for temporary detention shall not exceed 20 days during investigation, 05 days during prosecution, 17 days during trial in the first instance, and 22 days during trial in the second instance.
Thus, according to the above regulations, the time limit for temporary detention during investigation shall not exceed 20 days.
How long is the time limit for temporary detention during investigation? What is the latest form of request for extension of temporary detention in criminal proceedings in Vietnam?
What is the latest form of request for extension of temporary detention in criminal proceedings in Vietnam?
The form of request for extension of temporary detention in criminal proceedings is form No. 83 issued together with Circular No. 119/2021/TT-BCA.
Download the form request for extension of temporary detention in criminal proceedings: Click here.
Which agency has the authority to settle complaints against decisions on arrest or detention during the stage of adjudication?
Pursuant to Clause 3, Article 474 of the 2015 Criminal Procedure Code of Vietnam providing as follows:
Authority and time limit for settlement of complaints against procedural decisions and actions regarding emergency custody, arrest, temporary detainment and detention
1. Complaints against emergency custody orders, arrest warrants, decisions on temporary detainment or detention, detention orders, decisions to approve arrest, decisions to extend temporary detainment or detention, and actions to execute such orders and decisions must be settled in 24 hours upon the receipt of such complaints. The time limit may be extended for 03 more days upon the receipt of the complaints if the settlement of verification takes time.
2. Heads of Procuracies shall be held responsible for settling complaints against procedural decisions and actions regarding emergency custody, arrest, temporary detainment and detention during the stage of investigation and prosecution. In 24 hours upon the receipt of complaints, authorities and individuals having rights to emergency custody, arrest, temporary detainment and detention must promptly transfer the case and matters under complaint related to the persons arrested or held in custody or detention to the Procuracy exercising prosecution rights and administering investigation.
Heads of procuracies shall settle complaints against procedural decisions and actions, regarding emergency custody, arrest, temporary detainment and detention, of heads and vice heads of investigation authorities, investigators, investigation officers, procurators, checkers and individuals assigned to investigate.
Heads of procuracies shall settle complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of vice heads of procuracies.
If the decisions by the head of the Procuracy on the complaints are not satisfactory, the person lodging complaints can file complaints to the head of the immediate superior Procuracy in 03 days upon that person’s receipt of such decisions. If a head of a provincial People’s Procuracy settles such complaints initially, further complaints shall be delivered to the head of the Supreme People's Procuracy. In 07 days upon the receipt of complaints, the head of the immediate superior Procuracy or Supreme People’s Procuracy must consider and settle such complaints. Decisions by the head of the immediate superior Procuracy or Supreme People’s Procuracy shall come into force.
Complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of a head of a Procuracy shall be settled by the head of the immediate superior Procuracy. If complaints are lodged against procedural decisions and actions of a head of a provincial People’s Procuracy, they shall be settled by the head of the Supreme People’s Procuracy. In 07 days upon the receipt of complaints, the head of the immediate superior Procuracy or Supreme People’s Procuracy must consider and settle such complaints. Decisions by the head of the immediate superior Procuracy or Supreme People’s Procuracy shall come into force.
3. The court is responsible for settling complaints against decisions on arrest or detention during the stage of adjudication.
Heads of procuracies shall process complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of vice heads of procuracies.
If the Court president’s decisions on the complaints are not satisfactory, the person filing complaints can lodge further complaints to the President of the immediate higher Court in 03 days upon the receipt of such decisions.
In 07 days upon the receipt of complaints, the President of the immediate higher Court must consider and settle such complaints. Decisions by the President of the immediate higher Court shall come into force.
The president of the immediate higher Court shall settle complaints against procedural decisions and actions, regarding arrest and detention, of the President of the lower Court. In 07 days upon the receipt of complaints, the President of the immediate higher Court must consider and settle such complaints. Decisions by the President of the immediate higher Court shall come into force.
Thus, according to the above provisions, the court is responsible for settling complaints against decisions on detention during the stage of adjudication.
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