Vietnam: What is the maximum number of days a person in custody? Can a decision be made to detain a person under the age of 18 who uses a dangerous weapon?
Under what circumstances is it detained in Vietnam?
Pursuant to Article 117 of the Criminal Procedure Code 2015 of Vietnam, the provisions on detention are as follows:
- Temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.
- The individuals authorized to issue detainment orders as per Section 2 of Article 110 of this Law are entitled to decide temporary detainment.
A decision on temporary detainment must specify full name and address of the person on temporary detainment, reason, time, starting and final date of temporary detainment and details as per Point 2, Article 132 of this Law. The decision on temporary detainment must be given to the person on temporary detainment.
- Enforcers of decisions on temporary detainment must inform persons on temporary detainment and explain their duties and rights as per Article 59 of this Law.
- The individual issuing the decision on temporary detainment, in 12 hours upon making such decision, must send the decision and supporting documents to the equivalent Procuracy or a competent Procuracy. If the temporary detainment is found unjustified or unnecessary, the Procuracy issues a decision on annulling the decision on temporary detainment. The individual issuing the decision on temporary detainment must immediately discharge the person on temporary detainment.
Vietnam: What is the maximum number of days a person in custody? Can a decision be made to detain a person under the age of 18 who uses a dangerous weapon?
What is the maximum number of days a person is in custody in Vietnam?
Article 118 of the Criminal Procedure Code 2015 of Vietnam stipulates the detention period as follows:
- The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.
- The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.
Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.
- If grounds for prosecution do not suffice during the period of temporary detainment, investigation authorities and units assigned must promptly discharge the detainees on temporary detainment. Otherwise, the Procuracy, which has extended temporary detainment, shall discharge such detainees in prompt manner.
- The time spent in detainment shall be subtracted from the time spent in detention. One day spent in detainment gives one day’s credit toward the time passed in detention.
Thus, the period of detention shall not exceed 03 days, the extension of detention shall not exceed 03 days. In special cases, the person making the detention decision may extend the detention for a second time but not more than 03 days. A person is detained for a maximum of 9 days.
Can a decision be made to detain a person under the age of 18 who uses a dangerous weapon in Vietnam?
According to Article 419 of the Criminal Procedure Code 2015 of Vietnam, there are provisions for the application of preventive measures and coercive measures as follows:
- Preventive measures and coercive delivery of persons aged below 18 shall be viable only in truly vital circumstances.
Temporary detainment or detention of accused persons less than 18 years of age shall be viable only on the grounds that supervisory approach and other preventive measures fail. The permissible duration of the detention of accused persons under 18 shall be two thirs of the time limit for the detention of individuals from the age of 18 as per this Law. Competent individuals must promptly terminate or change preventive measures when the grounds for temporary detainment or detention evanesce.
- Persons from the age of 14 to below 16 may be held in emergency custody, apprehended, temporarily detained or held in detention for their crimes as defined in Section 2, Article 12 of the Criminal Code in the presence of grounds as stated in Article 110, 111 and 112, and Point a, b, c, d and dd, Section 2, Article 119 of this Law.
- Persons from the age of 16 to below 18 may be held in emergency custody, apprehended, temporarily detained or held in detention for intentional felonies, horrific or extremely severe felonies in the presence of grounds as stated in Article 110, 111 and 112, and Point a, b, c, d and dd, Section 2, Article 119 of this Law.
- Suspects or defendants from the age of 16 to below 18 may be apprehended, detained and held in detention if they continue criminal acts, abscond and are placed under arrest as per wanted notices after being charged, investigated, prosecuted and tried for unintentional felonies or misdemeanors punishable by a maximum term of imprisonment of 2 years according to the Criminal Code.
- In 24 hours upon the emergency custody, apprehension, temporary detainment or detention, the individuals issuing custodial orders against persons aged under 18 must inform the representatives of such juveniles.
Thus, detention and detention measures shall only be applied to persons accused of being persons under 18 years of age when there are grounds to believe that the application of supervision and other preventive measures is ineffective. The term of detention for accused persons under 18 years of age is equal to two-thirds of the period of detention for persons aged 18 years or older specified in this Code. When there are no grounds for detention or detention, competent agencies and persons must promptly cancel and replace them with other preventive measures.
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