What is the maximum number of times for extension of investigations into extremely severe felonies in Vietnam?
What is the maximum number of times for extension of investigations into extremely severe felonies in Vietnam?
Regarding extremely severe felonies, what is the maximum number of times for extension of investigations into these felonies in Vietnam? Which authorities shall have power to decide on extension of investigations into these felonies in Vietnam?
Thank you!
What is the maximum number of times for extension of investigations into extremely severe felonies in Vietnam?
Pursuant to Clause 2 Article 172 of the Criminal Procedure Code in 2015 stipulating as follows:
If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.
An investigation is extended as follows:
- An investigation into misdemeanors may be extended once for 02 more months;
- An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;
- An investigation into horrific felonies may be extended twice, for 04 more months each time;
- An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.
As regulations above, an investigation into extremely severe felonies may be extended thrice, for 04 more months each time.
Which procuracy's authorities shall have power to decide on extension of investigations into extremely severe felonies in Vietnam?
Pursuant to Clause 5 Article 172 of the Criminal Procedure Code in 2015, the procuracy's authority to extend an investigation:
- An investigation into misdemeanors is extended by a district People’s Procuracy or local Military procuracy. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the extension of investigation;
- A district People’s Procuracy or local Military procuracy shall ratify the first and second extensions of an investigation into felonies. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;
- A district People’s Procuracy or local Military procuracy shall ratify the first extension of an investigation into horrific felonies while the provincial People’s Procuracy or Military procuracy of a military zone shall decide the second extension. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;
- A provincial People’s Procuracy or Military procuracy of a military zone shall ratify the first and second extensions of an investigation into extremely severe felonies while the Supreme People’s Procuracy or central military People’s Procuracy shall decide the third extension;
As regulations above, for extremely severe felonies, a provincial People’s Procuracy or Military procuracy of a military zone shall ratify the first and second extensions, while the Supreme People’s Procuracy or central military People’s Procuracy shall decide the third extension.
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