Which criminal charges are only pressed at the requests for the crime victim according to criminal procedure law in Vietnam?

Which criminal charges are only pressed at the requests for the crime victim according to criminal procedure law in Vietnam?

According to Article 155 of the 2015 Criminal Procedure Code as amended by Clause 3, Article 1 of the Law Amending and Supplementing a Number of Articles of the Criminal Procedure Code, it stipulates filing of criminal charges as per the crime victim’s petitions as follows:

Filing of criminal charges as per the crime victim’s petitions

1. Criminal charges against offences as defined in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code may only be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.

At the same time, Clause 8, Article 157 of the 2015 Criminal Procedure Code as amended by Clause 4, Article 1 of the Law Amending and Supplementing a Number of Articles of the Criminal Procedure Code, providing for justifications of the decision not to press criminal charges as follows:

Justifications of the decision not to press criminal charges

A criminal charge shall not be filed in the presence of one of these justifications:

...

8. Crimes specified in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code for which the victim or the victim's representative does not request prosecution.

Thus, the following crimes will not be pressed without the victim's request:

[1] Deliberate infliction of bodily harm upon another person according to Article 134 of the 2015 Criminal Code

[2] Deliberate infliction of bodily harm upon others in the heat of passion according to Article 135 of the 2015 Criminal Code

[3] Deliberate infliction of bodily harm because of unjustified force in capturing criminals according to Article 136 of the 2015 Criminal Code

[4] Involuntary infliction of bodily harm upon others according to Article 138 of the 2015 Criminal Code

[5] Involuntary infliction of bodily harm because of professional misconduct or breach of administrative rules according to Article 139 of the 2015 Criminal Code

[6] Rape according to Article 141 of the 2015 Criminal Code

[7] Sexual abuse according to Article 143 of the 2015 Criminal Code

[8] Insults to another person according to Article 155 of the 2015 Criminal Code

[9] Slander under Article 156 of the 2015 Criminal Code

Which criminal charges are only pressed at the requests for the crime victim according to criminal procedure law in Vietnam?  (Image from the Internet)

Who has authority to press criminal charges in Vietnam?

According to Article 153 of the 2015 Criminal Procedure Code, regulations on authority to press criminal charges are as follows:

1. Investigation authorities shall make decisions on pressing criminal charges against all matters exhibiting criminal signs, save those handled by units assigned to investigate, procuracies or juries as per Section 2, 3 and 4 in this Article.

2. Units assigned to investigate shall make decisions on pressing criminal charges in the events as defined in Article 164 of this Law.

3. The procuracy makes decisions on pressing criminal charges in the following events:

a) The procuracy decides to rescind a decision not to press criminal charges from investigation authorities or units assigned to investigate;

b) The procuracy directly processes denunciations, information and requisitions;

c) The procuracy directly exposes signs of crime or respond to a requisition for charges by the Trial panel.

4. The Trial panel decides to press charges or request The procuracy to press criminal charges if omission of crimes is detected during the trial.

If the victim withdraws a petition for charges, will a criminal charge be pressed in Vietnam?

Pursuant to Article 155 of the 2015 Criminal Procedure Code as amended by Clause 3, Article 1 of the Law Amending and Supplementing a Number of Articles of the Criminal Procedure Code, which stipulates filing of criminal charges as per the crime victim’s petitions:

Filing of criminal charges as per the crime victim’s petitions

1. Criminal charges against offences as defined in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code may only be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.

Thus, if the victim withdraws a petition for charges, the case must be dismissed and the victim has no right to request re-initiation in Vietnam.

However, the victim withdrew a petition for charges to dismiss the complaint, but the case was still maintained when there were grounds to determine that the victim withdrew a petition for charges due to coercion or duress iNV ietnam.

Best regards!