Vietnam: What is the time limit for prosecuting a criminal case by the investigating agency after receiving a criminal complaint?

What is the time limit for prosecuting a criminal case after receiving a criminal complaint in Vietnam? Mr. Tan Binh from Ha Nam.

What is the time limit for prosecuting a criminal case after receiving a criminal complaint in Vietnam?

Pursuant to Article 147 of the Criminal Procedure Code 2015 of Vietnam, it provides as follows:

Article 147. Time limit and procedures for processing denunciations, criminal information disclosed and requisitions for charges
1. Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue one of the following decisions:
a) Decision to press criminal charges;
a) Decision not to file criminal charges;
c) Decide to suspend the processing of denunciations, information and requisitions.
2. If denunciations, criminal information disclosed or requisitions for charges contain complex facts or the verification of such information must be done in several locations, the time limit for processing such information may be extended but shall not exceed 02 months. If activities of investigation and verification cannot end within the time limit as stated in this Section, the head of the equivalent Procuracy or competent Procuracy can sanction one extension of 02 months at most.
Investigation authorities and units assigned to investigate, in at most 05 days before the end of the time limit for investigation and verification, must send a written request for extension to the equivalent Procuracy or competent Procuracy.
3. Competent authorities, when processing denunciations, information and requisitions, shall perform these activities:
a) Collect data, documents and items from relevant authorities and entities to verify the information;
b) Examine the scenes;
c) Conduct autopsy;
d) Requisition expert examinations and valuation.
4. The sequence, formalities and time limit for the Procuracy's processing of denunciations, information and charge requests are governed by this Article.

According to the above provisions, within 20 days from the date on which the investigating agency receives the criminal complaint, it must decide to prosecute the criminal case or decide not to prosecute the criminal case or decide to temporarily suspend the settlement of the criminal complaint.

Therefore, the time limit for prosecuting a criminal case under a criminal complaint is 20 days from the date the investigating agency receives the criminal complaint.

Vietnam: What is the time limit for prosecuting a criminal case by the investigating agency after receiving a criminal complaint?

Vietnam: What is the time limit for prosecuting a criminal case by the investigating agency after receiving a criminal complaint?

Besides the investigating agency, is there any agency that receives criminal complaints in Vietnam?

Pursuant to Article 145 of the Criminal Procedure Code 2015 of Vietnam, it provides as follows:

Article 145. Responsibilities and authority to receive and process denunciations, criminal information disclosed and requisitions for charges
1. All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.
2. The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:
a) Investigation authorities and procuracies that obtain denunciations, information and requisitions;
b) Other authorities that take in denunciations and criminal information disclosed.
3. The authority to handle denunciations, information and charge requests is given to:
a) Investigation authorities processing intra vires denunciations, information and requisitions;
b) Units assigned to investigate process denunciations and criminal information disclosed within its powers;
c) The procuracy processes denunciations, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.
4. The authorities empowered to process denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.

Accordingly, except for the investigating agency, the People's Procuracy will also be responsible for receiving criminal complaints from the people.

Is failure to report a crime subject to criminal prosecution in Vietnam?

Pursuant to Article 19 of the 2015 Crimin Code of Vietnam as amended by Clause 5, Article 1 of the 2017 Crimin Code Amendment Law of Vietnam provides as follows:

Article 19. Misprision
1. Any person who knows that a crime is being prepared, being carried out, or has been carried out but fails to report it shall bear criminal responsibility for misprision as prescribed in Article 390 hereof.
2. A person who fails to report the crime shall not bear criminal responsibility as prescribed in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.
3. If defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility as prescribed in Clause 1 of this Article, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.

Accordingly, except for grandfathers, grandmothers, fathers, mothers, children, grandchildren, siblings, spouses of offenders, other cases where it is clear that the crime is being prepared, is being committed or has been committed without reporting the crime will be examined for criminal liability.

Thư Viện Pháp Luật

The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}