Vietnam: In what cases is exit contemporarily suspended? Is there a time limit for deferred exit?
In what cases is exit contemporarily suspended in Vietnam?
According to the provisions of Article 109 of the Criminal Procedure Code 2015 of Vietnam, temporary suspension of exit is one of the preventive measures applied in criminal proceedings to promptly prevent crimes or when there are grounds to prove that the accused person will make it difficult to investigate, prosecute, try or continue to commit crimes or to secure execution.
According to Clause 1, Article 124 of the Criminal Procedure Code 2015 of Vietnam, the following persons may be temporarily suspended when there are grounds to determine that their exit shows signs of absconding:
- The accused person, the person who is proposed to be prosecuted who, through examination and verification, has sufficient grounds to determine that the person is suspected of committing a crime and deems it necessary to immediately prevent such person from hiding or destroying evidence;
- Defendant, defendant.
The competent persons specified in Clause 1, Article 113 of the Criminal Procedure Code 2015 of Vietnam, the judge presiding over the trial has the right to decide on a temporary suspension of exit.
Decisions on temporary suspension of exit of persons specified at Point a, Clause 1, Article 113 of the Criminal Procedure Code 2015 of Vietnam must be immediately notified to the Procuracy of the same level before implementation.
In addition, temporary suspension of exit is a preventive measure that can be applied to persons requested for extradition in order to ensure their presence according to the court's summons pursuant to the provisions of Clause 2, Article 504 of the Criminal Procedure Code 2015 of Vietnam.
The application of the measure to suspend exit shall comply with the provisions of Article 124 of the Criminal Procedure Code 2015 of Vietnam.
Is there a time limit for deferred exit in Vietnam?
Pursuant to Article 124 of the Criminal Procedure Code 2015 of Vietnam and Article 504 of the Criminal Procedure Code 2015 of Vietnam, the time limit for suspension of exit is as follows:
- In case the offender is a Vietnamese citizen: The time limit for temporary suspension of exit must not exceed the time limit for settling sources of information on crimes, prosecutions, investigations, prosecutions and trials as prescribed.
- The period of suspension of exit for a person sentenced to imprisonment shall not exceed the period from the time of sentencing until the time he or she goes to serve the prison sentence.
- In the case of a person requesting extradition: The time limit for applying the suspension of exit must not exceed the time limit for ensuring the consideration of the extradition request and the time limit for considering appeals or appeals against the extradition decision or the decision to refuse extradition in accordance with the law on judicial assistance.
Vietnam: In what cases is exit contemporarily suspended? Is there a time limit for deferred exit?
When is the suspension of exit canceled in Vietnam?
Pursuant to Article 125 of the Criminal Procedure Code 2015 of Vietnam on this content as follows:
Article 125. Termination or alteration of preventive measures
1. Every preventive measure in effect must be terminated in one of the following events:
a) Decision not to institute criminal proceedings;
b) Terminate investigation and dismiss lawsuit;
b) Terminate investigation and lawsuit against suspects;
d) The Court declares a defendant not guilty, exempt from criminal liability, penalty or custodial sentence but imposes a suspended sentence or warning penalty, fine, non-custodial rehabilitation.
2. Investigation authorities, procuracies, and Courts shall terminate or replace preventive measures, if deemed superfluous, with other preventive measures.
The procuracy decides to terminate or replace preventive measures that it has approved during the stage of investigation. The authority requesting approval of a preventive measure excluding temporary detainment sanctioned by The procuracy, in 10 days prior to its loss of effect, must inform The procuracy of such expiration to have it terminated or replaced.
Thus, the measure of temporary suspension of exit must be canceled when it falls into one of the following cases:
- Decision not to institute criminal proceedings;
- Terminate investigation and dismiss lawsuit;
- Terminate investigation and lawsuit against suspects;
- The Court declares a defendant not guilty, exempt from criminal liability, penalty or custodial sentence but imposes a suspended sentence or warning penalty, fine, non-custodial rehabilitation.
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