07/10/2022 08:39

Vietnam: When will detension be applied? What is the maximum time limit for detension for investigation?

Vietnam: When will detension be applied? What is the maximum time limit for detension for investigation?

"There are information that Mrs. Nguyen Phuong Hang time limit for detention has been extended for additional investigation. I don't know when will a person be detained and what is the maximum time limit for detension for investigation? Thank you" _ Mr. Quang (Binh Dinh)

When will detension be applied?

Pursuant to Article 119 of the Criminal Procedure Code 2015 of Vietnam, detension can 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.

What is the time limit for dentension for investigation?

Pursuant to Clause 1, 2, 5, 6 Article 173 of the Criminal Procedure Code 2015 of Vietnam, the maximum time limit for detension for investigation is prescribed as following:

 Type of crime

 

Less serious crime

Serious crime

Very serious crime

Extremely serious crime

National security crimes

Serious

Very serious

Extremely serious

First time limit

≤2 months

≤3 months

≤4 months

≤4 months

≤3 months

≤3 months

≤4 months

First extension

≤1 tháng

≤2 months

≤3 months

≤4 months

≤2 months

≤3 months

≤4 months

Second extension

 

 

 

≤4 months

≤4 months

≤4 months

≤4 months

Third extension

 

 

 

≤4 months

≤1 month

≤2 months

≤4 months

Fourth extension

 

 

 

 

 

 

≤4 months

Special extension

 

 

 

Detention until the end of the investigation

 

 

Detention until the end of the investigation

Maximum time limit for detension

No more than 03 months

No more than 05 months

No more than 07 months

Detention until the end of the investigation

No more than 10 months

No more than 12 months

Detention until the end of the investigation

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
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