What is duration of suspension of the processing of denunciations, criminal information in Vietnam?
What are law regulations on duration of suspension of the processing of denunciations, criminal information in Vietnam? When will the settlement be resumed?
What is duration of suspension of the processing of denunciations, criminal information in Vietnam?
Clause 1, Article 149 of the 2015 Criminal Procedure Code provides for resumption of the processing of denunciations, criminal information disclosed and requisitions for charges, according to which:
1. When the vindication for the suspension of the processing of denunciations, information and charge requests languishes, investigation authorities and units assigned to investigate shall decide to resume the processing of denunciations, information and requisitions. The time limit for the continued processing of denunciations, information and charge requests shall not exceed 01 month upon the decision on resumption.
According to this Article, only when the reason for suspending the processing of denunciations, crime information and requisitions for charges is no longer available in Vietnam, the investigation authorities and units assigned to investigate shall decide to resume the processing of denunciations, information and requisitions without specifying how long the suspension is.
Clause 1, Article 148 of the 2015 Criminal Procedure Code also stipulates:
1. Competent authorities, upon the expiration of the time limit as defined in Article 147 of this Law, shall decide to suspend the processing of denunciations, information and charge requests in one of the following events:
a) Expert examination, valuation and foreign judicial assistance have been requisitioned to no avail;
b) Though authorities and entities have been asked to provide essential documents and items that lead to the decision to or not to press charges, nothing works.
Thus, when the above-mentioned reason for suspending the processing of denunciations and information about crimes or petitions for prosecution no longer exists, the processing of denunciations, information on crimes and petitions for prosecution will be resumed in Vietnam.
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