Factors Affecting the Investigation Timeframe of a Criminal Case
Regarding the duration of the investigation of a criminal case, what factors does it depend on?
Question: What factors determine the duration of the investigation in a criminal case?
Answer: According to Clauses 1 and 2 of Article 172 of the Criminal Procedure Code 2015:
The duration of the investigation of a criminal case shall not exceed 02 months for less serious crimes, 03 months for serious crimes, 04 months for very serious crimes, and particularly serious crimes, from the date of the initiation of the case until the end of the investigation.
In cases where an extension of the investigation is needed due to the complexity of the case, the investigation agency must submit a written request for an extension to the Procuracy no later than 10 days before the expiration of the investigation period.
The extension of the investigation is regulated as follows:
a) For less serious crimes, the investigation may be extended once for no more than 02 months;
b) For serious crimes, the investigation may be extended twice, the first time for no more than 03 months and the second time for no more than 02 months;
c) For very serious crimes, the investigation may be extended twice, each time for no more than 04 months;
d) For particularly serious crimes, the investigation may be extended three times, each time for no more than 04 months.
Thus, according to the above regulations, the duration of the investigation of a criminal case depends on the complexity and severity of the case.
Does the victim's family have the right to request prosecution for a rape case?
Question: My husband, born in 1981, had sexual relations with a female student born in 2002. Now, the girl's family is aware and threatens to sue my husband. Will my husband be sued?
Answer: Based on the information you provided, in this case, both your husband and the female student are over 18 years old. If the two had consensual sexual relations, your husband will not face criminal charges.
If the female student’s side can prove that your husband committed rape or forcible intercourse as stipulated in Articles 141 and 143 of the Criminal Code 2015, your husband can be criminally prosecuted at the request of this female student (Clause 1 Article 155 of the Criminal Procedure Code 2015).
Since this female student is over 18 years old and does not have any mental or physical disabilities, if she (the victim) does not request the prosecution of the criminal case, her family members do not have the right to request the prosecution (they do not have the right to sue your husband).
In summary, in this case, whether or not your husband is sued depends on the prosecution request of this female student.
Is it mandatory to specify the exact article and clause in the decision to prosecute a criminal case?
Question: When deciding to prosecute a criminal case, is it mandatory to specify the exact article and clause of the Criminal Code being applied?
Answer: According to Clause 1 Article 154 of the Criminal Procedure Code 2015, the contents are regulated as follows:
The decision to prosecute a criminal case must clearly state the grounds for prosecution, the article, clause of the Criminal Code being applied, and the contents stipulated in Clause 2 Article 132 of this Code.
Thus, for the decision to prosecute a criminal case, it is necessary to clearly state the grounds for prosecution, the article, and clause of the Criminal Code being applied according to the regulations.
Sincerely!
