What are the cases where the criminal proceedings agency in Vietnam may grant monetary bail to the suspect?
What are the cases where the criminal proceedings agency in Vietnam may grant monetary bail to the suspect?
Under Article 7 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC on cases where the criminal proceedings agency in Vietnam may grant monetary bail to the suspect:
Article 7. Notice of monetary bail acceptance
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2. The criminal proceedings agency may grant monetary bail to the suspect or defendant, with the exception of the cases listed below. This decision will be based on several factors: the nature and level of danger to society of the crime, the suspect's or defendant's property status and personal background, and whether they: have a permanent and verifiable residence, are a first-time offender; have cooperated with the investigation by disclosing accomplices; demonstrate mitigating circumstances (confessing and/or surrendering to authorities, maintaining a cooperative attitude throughout the proceedings, redeeming their guilt, actively assisting the investigating agencies, showing repentance and voluntarily making amends or compensating for damage, etc.). Additionally, granting bail must not hinder the investigation, prosecution, trial, or enforcement of the sentence:
a) The suspect or defendant involved deceitful methods, committed an organized, professional crime, intentionally caused particularly serious consequences;
b) The suspect or defendant is a mastermind, leader, commander, hardened criminal, thug, repeat offender, dangerous repeat offender;
c) The suspect or defendant is temporarily detained in case of being arrested according to a warrant or wanted decision.
d) The suspect or defendant commits multiple offenses;
dd) The suspect of defendant has committed an offense multiple times.
The criminal proceedings agency may grant monetary bail to the suspect or defendant when:
- The suspect or defendant has a permanent and verifiable residence, is a first-time offender; has cooperated with the investigation by disclosing accomplices;
- They demonstrate mitigating circumstances (confessing and/or surrendering to authorities, maintaining a cooperative attitude throughout the proceedings, redeeming their guilt, actively assisting the investigating agencies, showing repentance and voluntarily making amends or compensating for damage, etc.);
- Granting bail must not hinder the investigation, prosecution, trial, or enforcement of the sentence.
The grant of monetary bail shall be based on the nature and level of danger to society of the crime, the suspect's or defendant's property status, and personal background.
Note: in certain cases, the criminal proceedings agency may not grant monetary bail to the suspect or defendant:
- The suspect or defendant involved deceitful methods, committed an organized, professional crime, intentionally caused particularly serious consequences;
- The suspect or defendant is a mastermind, leader, commander, hardened criminal, thug, repeat offender, dangerous repeat offender;
- The suspect or defendant is temporarily detained in case of being arrested according to a warrant or wanted decision.
- The suspect or defendant commits multiple offenses;
- The suspect of defendant has committed an offense multiple times.
What are the cases where the criminal proceedings agency in Vietnam may grant monetary bail to the suspect?
What is the time limit for granting monetary bail to the suspect in Vietnam?
Under Article 8 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC regarding the time limit for granting monetary bail to the suspect and defendant:
Implementation of monetary bail
1. Within 3 working days of receiving the notice of monetary bail acceptance, the suspect or defendant, their relative, or their representative if they are under 18 years old or have mental or physical defects must post the bail.
If the posting of monetary bail is prevented by objective hindrance or a force majeure event, the deadline will be adjusted to commence anew upon the resolution of the hindering event.
Thus, within 3 working days of receiving the notice of monetary bail acceptance, the suspect or defendant, their relative, or their representative if they are under 18 years old or have mental or physical defects must post the bail.
How many days does it take to issue a decision on applying bail money to ensure for the suspect?
According to Article 9 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC, within 2 working days of receiving the deposit slip to the bail fund account or the record of payment, the investigation agency of the case shall issue a decision to grant monetary bail to the suspect.
The decision to grant monetary bail to the suspect will follow Form No. 05 issued together with Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC and send it to the same-level Procuracy for approval.
Within 2 working days of receiving the decision to grant monetary bail, request for approval the and relevant documentation from the investigation agency, the Procuracy shall decide to approve or disapprove the decision to grant monetary bail.
When issuing a decision on approval for the decision to grant monetary bail, the Procuracy must decide to replace the preventive measure (end the temporary detention, replace it with the monetary bail).
The investigation agency shall send the approval decision to the detention center.
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