What is the latest form of criminal denunciation? What is the penalty for failing to report the crime in Vietnam?
What are the regulations on denunciation in Vietnam?
Pursuant to Article 144 of the Criminal Procedure Code 2015 stipulates as follows:
Denunciations, criminal information disclosed and requisitions for charges
1. Denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.
2. Criminal information disclosed refers to the data on activities denoting crimes as disclosed by authorities, organizations and individuals to competent authorities or the criminal information disclosed through mass media.
3. Requisitions for charges refers to a competent governmental authority's written requisition enclosed with relevant evidences and documents to investigation authorities and procuracies authorized to consider and settle cases with signs of criminal activities.
4. Denunciation or criminal information may be made or given verbally or in writing.
5. If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws.
Thus, denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.
If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws.
What is the latest form of criminal denunciation? What is the penalty for failing to report the crime in Vietnam?
What are the procedures for receiving denunciations, criminal information and requisitions for charges in Vietnam?
Pursuant to Article 146 of the Criminal Procedure Code 2015 (amended by Clause 1, Article 1 of the Law amending and supplementing a number of articles of the Criminal Procedure Code 2021) stipulates as follows:
Procedures for receiving denunciations, criminal information and requisitions for charges
1. When authorities and entities make direct denunciations, disclose criminal information and requisition for charges, investigation authorities, procuracies and units assigned to investigate are authorized as per Section 2, Article 145 of this Law to execute written records of receipt and enter data into a receipt journal. The acquisition of such information may be recorded by sound or sound-and-visual means.
If denunciations, criminal information and requisitions for charges are delivered by post, by telephone or by other means of communication, entries shall be made into a receipt journal.
2. Investigation authorities and units assigned to investigate, if considering certain denunciations, criminal information disclosed and requisitions for charges ultra vires, shall be held responsible for transferring such information and relevant documents to a competent investigation authority in prompt manner.
The procuracy is responsible for promptly transferring denunciations, information and charge requests and relevant documents to a competent investigation authority.
In the events as defined in Point c, Section 3, Article 145 of this Law, competent authorities processing denunciations, information and charge requests shall, in 05 days upon the Procuracy’s requests, transfer relevant documents to The procuracy for consideration and settlement.
3. Ward police units, town police units and police stations shall be responsible for receiving denunciations and criminal information disclosed, making written records of receipt and conducting preliminary verification of such information before promptly transferring such information and relevant documents and items to competent investigation authorities.
4. Other authorities and organizations, upon obtaining denunciations and criminal information disclosed, shall transfer such information to competent investigation authorities. In emergency events, information may be given to investigation authorities by phone or other forms of communication. However, such information must subsequently be documented.
5. Investigation authorities and units assigned to investigate, in 03 days upon receiving denunciations, information and requisitions, shall be held responsible for informing the equivalent Procuracy or competent Procuracy of their receipt of information in writing.
Thus, the procedures for receiving denunciations, criminal information and requisitions for charges are carried out according to the above procedures.
What are the penalties for failing to report the crime in Vietnam?
Pursuant to Article 390 of the 2015 Criminal Code (amended by Clause 138, Article 1 of the Law on amendments to the Criminal Code 2017) stipulates as follows:
Misprision
1. Any person who knows about the preparation of any of the crimes specified in Clause 2 or Clause 3 of Article 14 hereof or commission of any of the crimes specified in Article 389 hereof but fails to report it, except in the circumstances specified in Clause 2 and Clause 3 Article 19 hereof, shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. The person who fails to report the crime but does try to stop the criminal or reduce the consequences of the crime might be exempt from criminal responsibility or punishment.
Accordingly, the person who fails to report the crime but does try to stop the criminal or reduce the consequences of the crime might be exempt from criminal responsibility or punishment.
What is the latest form of criminal denunciation in Vietnam?
Currently, our country's law does not provide for certain criminal denunciations.
However, when making a criminal denunciation, the denouncers needs to pay attention to include the main details such as the full name of the person committing the crime, the address of the person committing the crime, the criminal act of the person committing the crime,... on the criminal denunciation.
Download the form of criminal denunciation: Click here.
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