Deadline for Investigation of Crimes Against Law Enforcement
Pursuant to Article 172 of the Criminal Procedure Code 2015, the investigation time limits are stipulated as follows:
- The investigation period for a criminal case shall not exceed 02 months for less serious crimes, not exceed 03 months for serious crimes, not exceed 04 months for very serious crimes, and particularly serious crimes from the time of the institution of the case to the conclusion of the investigation.
- In case an extension of the investigation period is necessary due to the complexity of the case, no later than 10 days before the expiry of the investigation period, the Investigation Agency must submit a written request for an extension to the Procuracy.
The extensions of the investigation period are regulated as follows:
+ For less serious crimes, the investigation period may be extended once for no more than 02 months;
+ For serious crimes, the investigation period may be extended twice, the first extension for no more than 03 months and the second extension for no more than 02 months;
+ For very serious crimes, the investigation period may be extended twice, each extension for no more than 04 months;
+ For particularly serious crimes, the investigation period may be extended three times, each extension for no more than 04 months.
- According to Clause 2, Article 1 of the Amended Criminal Code 2017, criminal classifications are defined as follows:
+ Less serious crimes are offenses with little danger to society, where the highest penalty prescribed by this Code is a fine, non-custodial reform, or imprisonment of up to 03 years;
+ Serious crimes are offenses with significant danger to society, where the highest penalty prescribed by this Code is imprisonment of more than 03 years but not more than 07 years;
+ Very serious crimes are offenses with very high danger to society, where the highest penalty prescribed by this Code is imprisonment of more than 07 years but not more than 15 years;
+ Particularly serious crimes are offenses with extremely high danger to society, where the highest penalty prescribed by this Code is imprisonment of more than 15 years, life imprisonment, or the death penalty.
- According to Article 330 of the Criminal Code 2015, the penalties for the offense of resisting a law enforcement officer are as follows:
+ First category: Non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
+ Second category: Imprisonment from 02 years to 07 years.
=> Thus, depending on the nature and seriousness of the violation, there will be corresponding penalties and varying investigation time limits. This offense may be investigated within 3 months and may be extended further if it is complex.
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