21/09/2022 15:29

Vietnam: When does detention apply? What is the time limit for detention for investigation?

INDEX OF THE ARTICLE

"Today I saw many articles regarding Ms. Nguyen Phuong Hang being detained for nearly 2 months for additional investigation. I wonder when a person is detained and what is the time limit for detention for investigation? Thank you" _ Mr. Quang (Binh Dinh, Vietnam)

When does detention apply?

According to the provisions of Article 119 of the Criminal Procedure Code 2015, detention shall be applied when:

- Detention may apply to suspects and defendants perpetrating a horrific or extremely severe felony.

- Detention may apply to suspects or defendants committing a felony or misdemeanor punishable with incarceration for more than 02 years as per the Criminal Code if grounds show that:

+ Such persons commit crimes despite of existing preventive measures against them;

+ No definite place of residence is known or a defendant's identity is unidentified;

+ Such persons have absconded and have been arrested as per wanted notices or are evidently going to vanish;

+ Such persons continue criminal acts or are evidently going to continue crimes;

+ Such persons commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

- Detention may apply to suspects or defendants committing a misdemeanor punishable with maximum 02-year imprisonment as per the Criminal Code if they continue criminal acts or are fugitives arrested as per wanted notices.

- If suspects or defendants have clear information of residence and identity and are gestating, raising a child less than 36 months of age, suffering from senility or serious diseases, detention shall be replaced by other preventive measures, except that:

+ They abscond and get arrested as per wanted notices;

+ They continue criminal acts;

+ They commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers or their kin.

+ Suspects or defendants breach national security and detention evidently prevents them from transgressing national security.

Time limit for detention for investigation

According to the provisions of Clauses 1, 2, 5, 6, Article 173 of the Criminal Procedure Code 2015, the time limit for detention for investigation is as follows

Type of crime	Misdemeanors	Felonies	Horrific felonies	Extremely severe felonies	Crimes against national security
Type of crime	Misdemeanors	Felonies	Horrific felonies	Extremely severe felonies	Felonies	Horrific felonies	Extremely severe felonies
Thời hạn lần đầu	≤2 months	≤3 months	≤4 months	≤4 months	≤3 months	≤3 months	≤4 months
1st extension	≤1 months	≤2 months	≤3 months	≤4 months	≤2 months	≤3 months	≤4 months
2nd extension				≤4 months	≤4 months	≤4 months	≤4 months
3rd extension				≤4 months	≤1 months	≤2 months	≤4 months
4th extension							≤4 months
Special extension				Until the end of the investigation			Until the end of the investigation
Time limit for detention	No more than 03 months	No more than 05 months	No more than 07 months	Until the end of the investigation	No more than 10 months	No more than 12 months	Until the end of the investigation

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

Nguyen Sang

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