The time limit for investigation of the crime of rape?
Based on Article 172 of the 2015 Criminal Procedure Code, the investigation period is stipulated as follows:
- The investigation period for a criminal case shall not exceed 02 months for less serious crimes, not exceed 03 months for serious crimes, not exceed 04 months for very serious crimes, and especially serious crimes from the date of criminal prosecution to the conclusion of the investigation.
- In cases requiring an extension of the investigation due to the complexity of the case, no later than 10 days before the end of the investigation period, the investigative agency must submit a written request for an extension to the Procuracy.
The investigation extension is regulated as follows:
+ For less serious crimes, an investigation extension can be granted once and shall not exceed 02 months;
+ For serious crimes, the investigation can be extended twice, with the first extension not exceeding 03 months and the second not exceeding 02 months;
+ For very serious crimes, the investigation can be extended twice, with each extension not exceeding 04 months;
+ For especially serious crimes, the investigation can be extended three times, with each extension not exceeding 04 months.
- According to Clause 2, Article 1 of the 2017 Law on Amendments to the Criminal Code, the classification of crimes is as follows:
+ Less serious crimes are those that pose lesser danger to society, with the highest penalty prescribed by this Code being a fine, non-custodial reform, or imprisonment of up to 03 years;
+ Serious crimes are those that pose significant danger to society, with the highest penalty prescribed by this Code being imprisonment of more than 03 years to 07 years;
+ Very serious crimes are those that pose great danger to society, with the highest penalty prescribed by this Code being imprisonment of more than 07 years to 15 years;
+ Especially serious crimes are those that pose extraordinary danger to society, with the highest penalty prescribed by this Code being imprisonment of more than 15 years to 20 years, life imprisonment, or death penalty.
- According to Article 143 of the 2015 Criminal Code, amended by Clause 25, Article 1 of the 2017 Law on Amendments to the Criminal Code, the sentencing brackets for coercive rape are stipulated as follows:
+ Bracket 1: Imprisonment from 01 year to 05 years.
+ Bracket 2: Imprisonment from 03 years to 10 years.
+ Bracket 3: Imprisonment from 10 years to 18 years.
+ Bracket 4: Imprisonment from 02 years to 07 years.
=> Thus, based on the above regulations, depending on the nature and severity of the violation, there will be corresponding penalty brackets and different investigation periods. You should refer to the above regulations to determine the investigation period for each specific case.
The above is the support content!
Respectfully!