How are issues of temporary suspension of investigation in the coordination, management, and resolution of cases and temporarily suspended matters regulated?

How is the issue of temporary suspension of investigation in the coordination of management and resolution of temporarily suspended cases regulated?

Clauses 1, 2, and 3 of Article 6 of Inter-Agency Circular 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP regulate the issue of temporary suspension of investigation in the coordination of management and resolution of temporarily suspended cases as follows:

1. The coordination between the competent investigative authorities and the Procuracy regarding the temporary suspension of investigation is carried out in accordance with Article 32 of the Inter-Agency Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP dated October 19, 2018, of the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense, which regulates the coordination between the Investigative Authority and the Procuracy in the implementation of certain provisions of the Criminal Procedure Code.

2. In cases where the investigation is temporarily suspended in accordance with point b, clause 1, Article 229 of the Criminal Procedure Code, the competent investigative authority issues a decision to temporarily suspend the investigation when the Procuracy decides to apply compulsory mental health treatment measures or when the competent authority concludes that the accused has a serious illness.

3. When there are grounds for temporary suspension of the investigation as stipulated in Article 229 of the Criminal Procedure Code, if coordination is needed regarding the management and handling of evidence, documents, items, temporarily seized assets; the application, cancellation of preventive measures, coercive measures (if any), and measures to resolve the reasons for the temporary suspension, no later than 10 days before the investigation period expires, the competent investigative authority shall communicate in writing with the Procuracy before issuing a decision to temporarily suspend the investigation.

How does the competent investigative authority proceed in cases of temporary suspension of investigation for individual accused persons as per the regulations?

Clause 4 of Article 6 of Inter-Agency Circular 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP regulates the implementation content for the competent investigative authority in cases of temporary suspension of investigation for individual accused persons as follows:

4. In cases where the investigation is temporarily suspended for an individual accused person as per clause 2, Article 229 of the Criminal Procedure Code, the competent investigative authority shall proceed as follows:

a) Issue a decision to temporarily suspend the criminal investigation for the accused and a decision to temporarily suspend the investigation of the accused;

b) Create a dossier for the temporary suspension of investigation for each accused person; the dossier includes procedural decisions, documents, and evidence in the case file related to the temporarily suspended accused person. The procedural decisions, documents, and evidence must be original or certified true copies. The certification is carried out in accordance with the regulations of the relevant ministries and central authorities.

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