Vietnam: In case many defendants in the same criminal case are prosecuted for different crimes, how is the time limit for temporary detention of the suspect calculated?
- Who is entitled to order and decide the apprehension of suspects and defendants for detention?
- What is the time limit for temporary detention of suspects?
- In case many defendants in the same criminal case are prosecuted for different crimes, how is the time limit for temporary detention of the suspect calculated?
Who is entitled to order and decide the apprehension of suspects and defendants for detention?
Pursuant to Clause 1, Article 113 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Apprehension of suspects and defendants for detention
1. The following individuals are entitled to order and decide the apprehension of suspects and defendants for detention:
a) Heads and vice heads of investigation authorities. In this event, the arrest warrant must be approved by the equivalent Procuracy prior to apprehension;
b) Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;
c) Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice court presidents of Courts-martial; trial panel.
Thus, the following individuals are entitled to order and decide the apprehension of suspects and defendants for detention:
- Heads and vice heads of investigation authorities. In this event, the arrest warrant must be approved by the equivalent Procuracy prior to apprehension;
- Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;
- Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice court presidents of Courts-martial; trial panel.
Vietnam: In case many defendants in the same criminal case are prosecuted for different crimes, how is the time limit for temporary detention of the suspect calculated?
What is the time limit for temporary detention of suspects?
Pursuant to Article 173 of the 2015 Criminal Procedure Code of Vietnam stipulating time limit for detention for investigation in Vietnam as follows:
Time limit for detention for investigation in Vietnam
1. The time limit for temporary detention of suspects for investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies.
2. If an investigation must be prolonged due to a variety of complex facts in the case and no grounds for change or termination of detention exist, the investigation authority shall, within 10 days prior to the expiration of the time limit, request The procuracy to extend the detention.
Detention is extended as follows:
a) Detention of offenders of misdemeanors may be extended once for 01 more month;
b) Detention of offenders of felonies may be extended once for 02 more month;
c) Detention of offenders of horrific felonies may be extended once for 03 more month;
d) Detention of offenders of extremely severe felonies may be extended twice, for 04 more months each time.
Thus, detention is extended as follows:
- Detention of offenders of misdemeanors may be extended once for 01 more month;
- Detention of offenders of felonies may be extended once for 02 more month;
- Detention of offenders of horrific felonies may be extended once for 03 more month;
- Detention of offenders of extremely severe felonies may be extended twice, for 04 more months each time.
If an investigation must be prolonged due to a variety of complex facts in the case, the detention can be extended.
In case many defendants in the same criminal case are prosecuted for different crimes, how is the time limit for temporary detention of the suspect calculated?
Pursuant to Section 1.3, Subsection 1, Section I of Resolution 04/2004/NQ-HDTP stipulating the following instructions:
Regarding Article 176 of the Criminal Procedure Code
...
1.3. Regarding the extension of the time limit for trial preparation
When the time limit specified in paragraph 1, clause 2, Article 176 of the Criminal Procedure Code is almost over (the remaining time for trial preparation is no more than five days) but the judge assigned to preside over the court session finds that the case is so complicated that one of the decisions specified in this paragraph has not yet been issued, it is necessary to immediately report it to the Chief Justice of the Court to issue a decision to extend the time limit for trial preparation. The extension of the time limit for trial preparation must comply with the provisions of Paragraph 2, Clause 2, Article 176 of the Criminal Procedure Code and must not exceed the time limit guided at Point b, Subsection 1.2.1, Section 1, Part I of this Resolution. At the end of the extended time limit, the judge assigned to preside over the court session must issue one of the decisions specified in paragraph 1, clause 2, Article 176 of the Criminal Procedure Code. A complicated case is considered a complicated case if it falls into one of the following cases:
a. The case has many defendants, organized crime or committed many crimes;
b. The case involves many fields or localities;
c. A case with many documents and contradictory evidences requires more time to research and synthesize documents contained in the case file or to consult a professional agency.
Pursuant to subsection 3, Section II of Official Dispatch 206/TANDTC-PC in 2022, the instructions are as follows:
3. In the same criminal case with many defendants, each defendant is prosecuted under different sections of the same law or prosecuted under different crimes. Therefore, the time limit for temporary detention of the suspect and defendants for trial preparation shall be calculated according to the detention time of the suspect or defendants with the longest temporary detention term or by the temporary detention period of each type of crime corresponding to each suspect and defendant?
This issue was previously guided in Resolution No. 04/2004/NQ-HDTP dated November 5, 2004 of the Council of Judges of the Supreme People's Court guiding the implementation of a number of provisions in the third part. "First-instance trial" of the 2003 Criminal Procedure Code. Through the review, it was found that the content of the guidance in this Resolution is still consistent with the provisions of the 2015 Criminal Procedure Code of Vietnam. Therefore, in cases where many defendants are prosecuted for many different crimes (less serious crimes, serious crimes, very serious crimes, particularly serious crimes), the temporary detention time limit for each defendant must not exceed the time limit for trial preparation for the heaviest crime for which the suspect is prosecuted.
According to the above guidance, Resolution 04/2004/NQ-HDTP guiding the implementation of a number of provisions in the third part "first-instance trial" of the 2003 Criminal Procedure Code was found to be still relevant to the 2015 Criminal Procedure Code of Vietnam.
Therefore, in case in a case where many defendants are prosecuted for many different crimes (less serious crimes, serious crimes, very serious crimes, especially serious crimes), the temporary time limit will be The detention time for each defendant must not exceed the time limit for trial preparation for the most serious crime for which the suspect is prosecuted.
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