Summoning an Accused: Is it Necessary to Send a Summons Letter?

In a criminal case, when the investigating agency summons the defendant for work, is it necessary to send a summons?

Pursuant to Clauses 1, 2, Article 182 of the 2015 Criminal Procedure Code, the provisions are as follows:

- When summoning the accused, the Investigator must send a summons. The summons of the accused must clearly state the full name, residence of the accused; time, date, month, year, location of appearance, working hours, whom to meet, and the responsibility for absence without a compelling reason or objective hindrance.

- The summons of the accused is sent to the local government of the commune, ward, or commune-level town where the accused resides, or to the agency or organization where the accused works or studies. The agency or organization that receives the summons is responsible for immediately transferring the summons to the accused.

Upon receiving the summons, the accused must sign and clearly state the time and date of receipt. The person delivering the summons must transfer the part of the summons signed by the accused to the summoning authority; if the accused does not sign, a report of the incident must be made and sent to the summoning authority; if the accused is absent, the summons may be delivered to a relative of the accused who has full civil act capacity to sign for confirmation and transfer it to the accused.

Therefore, it is mandatory to send a summons when summoning the accused as per the aforementioned legal regulations.

Respectfully!

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