Vietnam: What cases are prosecuted only at the request of the victim? How to handle when a victim withdraws a request to prosecute a criminal case?
What are the provisions for prosecuting criminal cases at the request of the victim in Vietnam?
According to the provisions of Article 155 of the Criminal Procedure Code 2015 (Clause 1 of this Article is amended by Clause 3, Article 1 of the Law amending and supplementing a number of Articles of the Criminal Procedure Code) provide for the prosecution of criminal cases at the request of specific victims as follows:
(1) Criminal cases for crimes specified in paragraph 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Penal Code may be prosecuted at the request of the victim or his/her representative who is under 18 years of age, who has mental or physical disabilities or has died.
(2) Where the person who has requested the prosecution withdraws the request, the case must be suspended, unless there are grounds to determine that the person who has requested the withdrawal of the prosecution request against his or her will due to coercion or coercion, even if the person who has requested the prosecution withdraws the request, The investigating agency, the Procuracy, and the Court continue to conduct proceedings on the case.
(3) The victim or the victim's representative who has withdrawn the request for prosecution shall not have the right to request it again, except in the case of withdrawal due to coercion.
Vietnam: What cases are prosecuted only at the request of the victim? How to handle when a victim withdraws a request to prosecute a criminal case?
What cases are prosecuted only at the request of the victim in Vietnam?
For cases where prosecution is only at the request of the victim, Clause 1, Article 155 of the Criminal Procedure Code 2015 (amended by Clause 3, Article 1 of the Law amending and supplementing a number of Articles of the Criminal Procedure Code) clearly indicates as follows:
Case 1: The crime of intentionally causing injury or harm to the health of another person (Clause 1, Article 134).
Case 2: The crime of intentionally causing injury or harm to the health of another person in a highly agitated mental state (Clause 1, Article 135).
Case 3: The crime of intentionally causing injury or harm to the health of another person by exceeding the limit of legitimate defense or by exceeding the necessary level when arresting the offender (Clause 1, Article 136).
Case 4: The crime of unintentionally causing injury or harm to the health of another person (Clause 1, Article 138).
Case 5: The crime of unintentionally causing injury or harm to the health of another person by violating professional rules or administrative rules (Clause 1, Article 139).
Case 6: Rape (Clause 1, Article 141).
Case 7: Rape (Clause 1, Article 143).
Case 8: The crime of humiliating another person (Clause 1, Article 155).
Case 9: Slander (Clause 1, Article 156)
How to handle when a victim withdraws a request to prosecute a criminal case in Vietnam?
With regard to the legal consequences when the victim withdraws the petition, Clause 2, Clause 3, Article 155 of the Criminal Procedure Code 2015 specifies as follows:
Article 155. Filing of criminal charges as per the crime victim’s petitions
…
2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.
3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.
Accordingly, the legal consequences of being withdrawn from the petition are:
- In case the person who has requested the prosecution withdraws the request, the case must be suspended;
- In case there are grounds to determine that the person who has requested the withdrawal of the prosecution request against their will due to coercion or coercion, the procedural agency shall continue to conduct proceedings on the case.
- The victim or the victim's representative who has withdrawn the request for prosecution has no right to request it again, except in the case of withdrawal due to coercion or coercion.
Above is some of the information we provide to you about the prosecution of criminal cases at the request of the victim. Best regards!
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