Deadline for Investigation of the Crime of Property Extortion

Mr. Minh Thoi (Hung Yen) has a query regarding the duration of the investigation for someone who has committed an act of extortion and has been temporarily detained for investigation purposes. Specifically, he wants to know how long the investigation period for this offense can be extended.

Pursuant to Article 172 of the 2015 Criminal Procedure Code, the investigation time limits are stipulated as follows:

- The investigation period for a criminal case shall not exceed 02 months for less serious crimes, 03 months for serious crimes, 04 months for very serious crimes, and particularly serious crimes from the initiation of prosecution until the conclusion of the investigation.

- In cases where it is necessary to extend the investigation period due to the complexity of the case, the Investigative Authority must submit a written request for an extension to the Procuracy no later than 10 days before the end of the investigation period.

The extension of the investigation is regulated as follows:

+ Less serious crimes can be granted a one-time extension of no more than 02 months;

+ Serious crimes can be granted two extensions: the first extension of no more than 03 months, and the second extension of no more than 02 months;

+ Very serious crimes can be granted two extensions, each of no more than 04 months;

+ Particularly serious crimes can be granted three extensions, each of no more than 04 months.

- According to Clause 2 Article 1 of the 2017 Law amending the Criminal Code, crimes are classified as follows:

+ A less serious crime is one that is not significantly dangerous to society, with the maximum penalty frame prescribed by this Code being a fine, non-custodial reform, or imprisonment of up to 03 years;

+ A serious crime is one that is substantially dangerous to society, with the maximum penalty frame prescribed by this Code being over 03 years to 07 years of imprisonment;

+ A very serious crime is one that is highly dangerous to society, with the maximum penalty frame prescribed by this Code being over 07 years to 15 years of imprisonment;

+ A particularly serious crime is one that is especially dangerous to society, with the maximum penalty frame prescribed by this Code being over 15 years to 20 years of imprisonment, life imprisonment, or the death penalty.

- According to Article 170 of the 2015 Penal Code, the penalty frames for the crime of extortion are stipulated as follows:

+ Frame 1: Imprisonment from 01 to 05 years.

+ Frame 2: Imprisonment from 03 to 10 years.

+ Frame 3: Imprisonment from 07 to 15 years.

+ Frame 4: Imprisonment from 12 to 20 years.

=> Thus, based on the above regulations, you can see that depending on the nature and severity of the violating act, there will be corresponding penalty frames and different investigation periods. Therefore, you should base on the actual situation and the above regulations to determine the investigation time limit for your case.

The above is the support content!

Best regards!

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