Vietnam: Being in custody but having previously had 4 criminal records, how to get bail investigated?
What is a criminal record in Vietnam?
Currently, the law does not have a definition of criminal record, but Article 69 of the 2015 Criminal Code of Vietnam, it provides for the expungement of criminal records as follows:
- A convict may have his conviction expunged in accordance with Article 70 through 73 hereof.
A person whose conviction is expunged is treated as if he/she does not have such conviction.
- People convicted of involuntary and less serious crimes or serious crimes and people exempt from punishments are treated as if they do not have any convictions.
From there, it can be understood that the criminal record is previously convicted but has not been cleared.
Vietnam: Being in custody but having previously had 4 criminal records, how to get bail investigated?
How do you want to bail a detainee on bail in Vietnam?
Article 121 of the Criminal Procedure Code 2015 of Vietnam provides for guarantees as follows:
- Surety is a preventive measure in lieu of detention. Investigation authorities, procuracies and Courts shall consider the nature and severity of acts against the society and suspects’ or defendants’ personal records and decide to approve or refuse bail.
- Organizations may bail suspects or defendants, who are their employees. An organization undertaking bail shall present a written promise that bears the signature of its head.
Individuals who are at least 18 years of age, have good records, abide strictly by the laws, gain stable incomes and are capable for overseeing persons on bail can undertake bail for suspects or defendants who are their kin. In this event, bail must be undertaken by at least 02 individuals. An individual undertaking bail must present a written promise endorsed by his workplace or educational facility or local authorities in the commune, ward or town where he resides.
The written promise from organizations or individuals undertaking bail must guarantee to prevent suspects or defendants from violating duties as prescribed in Section 3 of this Article. Organizations and individuals undertaking bail shall be informed of case facts in connection with their undertaking of bail.
- Suspects and defendants on bail must guarantee their execution of these duties in writing:
+ Appear as per a subpoena, unless force majeure or objective obstacles occur;
+ Not to abscond or continue criminal acts;
+ Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.
If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention.
- Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on bail. The decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.
- The length of bail time shall not exceed the time of investigation, prosecution or adjudication as per this Law. Bail time for persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of incarceration sentence.
-Organizations and individuals undertaking bail but failing to make suspects or defendants conform to duties guaranteed shall incur fines subject to the nature and severity of violations as per the laws.
Is it OK to put money to secure a person on bail in Vietnam?
Article 122 of the Criminal Procedure Code 2015 of Vietnam provides for placing money for security as follows:
- Surety is a preventive measure in lieu of detention. Investigation authorities, procuracies and Courts shall consider the nature and severity of acts against the society and suspects’ or defendants’ personal records and decide to allow them or their kin to undertake surety.
- Suspects and defendants on surety must guarantee their execution of these duties in writing:
+ Appear as per a subpoena, unless force majeure or objective obstacles occur;
+ Not to abscond or continue criminal acts;
+ Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.
If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention and the amount of money as surety shall be confiscated into the state budget.
- Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on surety. The decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.
- The length of surety time shall not exceed the time of investigation, prosecution or adjudication as per this Law. Surety time for persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of incarceration sentence. The procuracy or Court is liable for returning the money as surety to suspects and defendants abiding by all duties guaranteed.
- Kindred of suspects and defendants permitted by investigation authorities, procuracies or Courts to undertake surety must engage in a written promise to restrain suspects and defendants from violating duties as per Section 2 of this Article. If violations occur, the surety money shall be confiscated into the state budget. Such individuals, upon making written promises, shall be informed of case facts related to suspects or defendants.
- Minister of Public Security leads and cooperates with the Head of Supreme People’s Procuracy, Court president, and Minister of Defense to regulate details of sequence, formalities, level of surety money, impoundment, return, and confiscation of surety money into the state budget.
Thus, if you want to guarantee or put money to ensure, based on the nature and degree of danger to society of the act, identity and property status of the accused, the accused, the investigating agency, the Procuracy, the Court may decide to grant them or their relatives bail or put money to secure. In this case, there are 4 criminal records, so the likelihood of being released on bail is very low, due to the identity of the accused, the accused is not good.
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