Is It Lawful to Detain the Accused at Night?

According to Article 113 of the 2015 Criminal Procedure Code, the regulations on arresting a suspect or defendant for temporary detention are as follows:

- The following individuals have the authority to order or decide to arrest a suspect or defendant for temporary detention:

+ The Director and Deputy Director of the investigation agencies at all levels. In this case, the order for arrest must be approved by the same-level Procuracy before implementation;

+ The Chief Procurator, Deputy Chief Procurator of the People's Procuracy, and the Chief Procurator, Deputy Chief Procurator of the Military Procuracy at all levels;

+ The Chief Justice, Deputy Chief Justice of the People's Courts, and the Chief Justice, Deputy Chief Justice of the Military Courts at all levels; the Trial Council.

- The arrest order or decision, the decision to approve the arrest order or decision must clearly state the full name, address of the person to be arrested; the reason for the arrest, and the contents stipulated in clause 2 of Article 132 of this Code.

The person executing the arrest order or decision must read the order or decision; explain the order or decision, the rights and obligations of the arrested person, and must make a record of the arrest; deliver the order or decision to the arrested person.

When arresting a person at their residence, a representative of the local government of the commune, ward, or commune-level town and another person must be present as witnesses. When arresting a person at their workplace or educational institution, a representative of that workplace or educational institution must be present as a witness. When arresting a person at another location, a representative of the local government of the commune, ward, or commune-level town where the arrest takes place must be present as a witness.

- Arrests are not permitted at night, except in cases of flagrant offenses or when arresting a person under a wanted notice.

=> Therefore, according to the above regulations, it is not allowed to arrest a suspect or defendant at night, except in cases of flagrant offenses.

Respectfully.