What is time limit for the issuance of decisions to prosecute on criminal case in Vietnam? What are regulations on time spent in temporary detainment in criminal proceedings in Vietnam?

What is time limit for the issuance of decisions to prosecute on criminal case in Vietnam?

Hello, my name is Minh Thanh and I live and work in Gia Lai. I currently have a number of issues that need support from you, specifically: What is time limit for the issuance of decisions to prosecute on criminal case? Which document regulates this issue? Look forward to your feedback soon. (0123**)

Reply:

Pursuant to the provisions of Article 240 of the 2015 Criminal Procedure Code, time limit for the issuance of decisions to prosecute is prescribed as follows:

1. A Procuracy, in 20 days for misdemeanors and felonies or 30 days for horrific and extremely severe felonies upon receiving case files and written conclusion of investigation, must make one of the following decisions:

a) Prosecute suspects in a Court;

b) Return documents for further investigation;

c) Dismiss or adjourn the case; dismiss or adjourn lawsuits against suspects;

The head of The procuracy, when necessary, may extend the time limit for the issuance of a decision to prosecute for 10 more days for misdemeanors or felonies or 15 more days for horrific felonies or at most 30 more days for extremely severe felonies.

2. The procuracy, in 03 days upon making one of the decisions as stated in Section 1 of this Article, must inform suspects, their defense counsels or representatives and crime victims of the return of documents for further investigation. Moreover, it shall in 03 days provide suspects or their representatives, investigation authorities and defense counsels with charging documents, decisions to adjourn or dismiss the case or lawsuit against suspects. Furthermore, it shall send notices to crime victims, litigants and protectors of their legitimate rights and benefits.

The delivery of the said documents shall be executed in writing according to Article 133 of this Law and be inputted in case files.

If the case is complex, the time limit for the delivery of charging documents and decisions on suspension or dismissal of the case to suspects or their representatives may be extended for 10 more days at most.

3. The decisions as stated in Section 1 of this Article, when made, must be promptly sent to the superior Procuracy. The head of the superior Procuracy shall be entitled to revoke, terminate or annul decisions deemed groundless or unlawful and to request the lower Procuracy to make lawful decisions.

Above is advice on time limit for the issuance of decisions to prosecute on criminal case in Vietnam. To understand more clearly and in detail, please learn more at the Criminal Procedure Code 2015.

What are regulations on time spent in temporary detainment in criminal proceedings in Vietnam?

What are regulations on time spent in temporary detainment in criminal proceedings in Vietnam? Hello, my name is Nguyen Duc Viet, currently a 1st year student at People's Police Intermediate School VI. I have the following questions and hope to receive a response from you soon, specifically: What are regulations on time spent in temporary detainment in criminal proceedings?

Reply:

Time spent in temporary detainment in criminal proceedings is prescribed in Article 118 of the 2015 Criminal Procedure Code, specifically as follows:

1. The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.

2. The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.

Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.

3. If grounds for prosecution do not suffice during the period of temporary detainment, investigation authorities and units assigned must promptly discharge the detainees on temporary detainment. Otherwise, the Procuracy, which has extended temporary detainment, shall discharge such detainees in prompt manner.

4. The time spent in detainment shall be subtracted from the time spent in detention. One day spent in detainment gives one day’s credit toward the time passed in detention.

We respond to your information.

Time limit for protests through the cassation procedure in criminal proceedings in Vietnam

While learning about some criminal proceedings, I am not clear on what is time limit for protests through the cassation procedure in criminal proceedings in Vietnam? Please advise.

Hoang Minh (****@gmail.com)

Reply:

Pursuant to the provisions of Article 379 of the 2015 Criminal Procedure Code, there are regulations on time limit for protests through the cassation procedure in criminal proceedings as follows:

1. The time limit for protests against the sentenced person shall be 01 year upon the effect of the sentence or ruling.

2. Protests in favor of the sentenced person shall be initiated any time, even for the exoneration of the sentenced person who passed away.

3. Protests on litigants’ civil matters in a criminal case shall abide by the Civil procedure code.

4. If there is no ground to lodge protests through the cassation procedure, the individual authorized to protest must inform the requesting authorities and entities in writing of his decision not to protest and reasons.

Above is the consulting content. Hope the information shared above will be helpful to you.

Best regards!