23/07/2022 10:32

When to return of case files for further investigation in Vietnam?

When to return of case files for further investigation in Vietnam?

On July 21, 2022, the judge of the People's Court of Ho Chi Minh City has decided to postpone the first-instance trial of the criminal case regarding Van Anh's case, return the case file to the Procuracy to investigate, verify and clarify evidences on injury assessment changed defendant Nguyen Kim Trung Thai's crimes from "concealing crimes" and "tortured others" to "murder". When will the Court decide to return the criminal case file for additional investigation?

1. Case of returning criminal case files for further investigation

1.1. Return of case files for further investigation

In one of the following cases, Article 245 of Vietnam's Criminal Procedure Code 2015 stipulates that the procuracy shall decide to return case files and request investigation authorities to conduct further investigative activities in one of the following events:

- Evidences do not suffice to evince one of the matters as stated in Article 85 of this Law; however, the Procuracy fails to supplement evidences by itself;

- There are justifications to press charges against the suspect for one or many crimes;

- Accomplices or other offenders related to the case have not been charged;

- Serious violations of legal procedure occur.

1.2. Return of documents for further investigation

Article 280 of the Criminal Procedure Code (2015) provides:

- The presiding judge shall decide to return documents to the Procuracy for further investigation in one of the following events:

+ Evidences for matters defined in Article 85 of this Law are not sufficient and cannot be supplemented in court;

+ There are grounds showing the existence of the suspect’s other acts, apart from those prosecuted by the Procuracy, deemed as crimes in the Criminal Code;

+ There are grounds showing the existence of other accomplices or offenders of criminal acts, as per the Criminal Code, involved in the case and facing no charges;

+ The charges, investigation and prosecution have constituted serious violations of legal proceedings.

- If the Procuracy finds grounds to have documents returned for additional investigation, it shall request the Court in writing for document return.

2. Time limit for further investigation

The time limit for further investigation is specified in Clause 2, Article 174 of the Criminal Procedure Code 2015 as follows:

- If The procuracy returns case files for further investigation, the time limit for the additional investigation shall not exceed 02 months.

- If a Court returns case files for further investigation, the time limit added shall not exceed 01 month.

The time limit for an additional investigation commences upon the investigation authority’s retrieval of case files and request for further investigation

Như Y
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