Decision on Temporary Suspension of Investigation in the Process of Managing and Handling Temporarily Suspended Cases and Matters – Regulations and Guidelines.
Decision to Temporarily Suspend Investigation during the Management and Resolution of Temporarily Suspended Cases as Defined
Pursuant to Clauses 5, 6, and 7 of Article 6, Inter-Circular 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP, the regulations regarding the decision to temporarily suspend investigations during the management and resolution of temporarily suspended cases are as follows:
- The decision to temporarily suspend the investigation is executed according to the form prescribed by the Minister of Public Security.
The issuance and notification of the decision to temporarily suspend the investigation follow the provisions of Clause 3, Article 229 of the Criminal Procedure Code.
In cases where the prosecution is initiated by the authorized investigative agency and later transferred to the investigative agency for jurisdictional resolution, the investigative agency must notify in writing the authorized investigative agency upon issuing the decision to temporarily suspend the investigation.
The compilation and management of the case files for temporarily suspended investigations are conducted in accordance with the Criminal Procedure Code, this Inter-Circular, and the regulations of the Minister of Public Security.
When a case is temporarily suspended, the competent investigative authority only applies measures to address the reasons for the suspension.
Restoration of Investigation for Cases with Grounds to Annul the Decision of Temporary Suspension
Pursuant to Clause 1, Article 7, Inter-Circular 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP, the regulations regarding the restoration of investigation for cases with grounds to annul the decision of temporary suspension are as follows:
- For cases with grounds to annul the decision of temporary suspension and still within the statute of limitations for criminal liability, the competent investigative authority issues a decision to restore the investigation as prescribed in Article 235 of the Criminal Procedure Code. The decision to restore the investigation is executed according to the form prescribed by the Minister of Public Security;
Sincerely!
