During trial in the second instance, when summary procedures are applied in criminal proceedings, what is time limit for temporary detention in Vietnam?

During trial in the second instance, when summary procedures are applied in criminal proceedings, what is time limit for temporary detention in Vietnam?

Pursuant to Article 459 of the 2015 Criminal Procedure Code, temporary detainment and detention for investigation, prosecution and adjudication:

1. Grounds, authority and procedures for temporary detainment and detention shall abide by this Law.

2. The length of time of temporary detainment shall not exceed 03 days upon the investigation authorities’ acquisition of an arrestee.

3. The time limit for temporary detention shall not exceed 20 days during investigation, 05 days during prosecution, 17 days during trial in the first instance, and 22 days during trial in the second instance.

So, in case your brother is waiting for the trial in the second instance to apply the shortened procedure, the maximum temporary detention period is not more than 22 days in Vietnam.

When the Court has decided to bring the case to appellate trial in the second instance, how many days will the trial be opened in Vietnam?

Pursuant to Article 464 of the 2015 Criminal Procedure Code, which provides for preparation for trial in the second instance as follows:

1. The appellate court shall receive and admit case files according to general stipulations in this Law.

The court, after admitting the case, shall send case files to the equivalent Procuracy/ In 05 days, the Procuracy must return case files to the Court.

2. The judge appointed to hold trial, in 15 days upon the admission of the case, shall make one of these decisions:

b) Hear the case in the second instance;

b) Dismiss the appellate lawsuit.

3. The court, if deciding to hear the case in the second instance, shall start the trial in 07 days upon the issuance of such decision.

4. The appellate court, in 24 hours upon deciding to hear the case, must send such decision to the equivalent Procuracy, the defendant or his representative, defense counsel, crime victims, litigants or their representatives.

Thus, according to the above provisions in Vietnam, when the Court has issued a decision to bring the case in the second instance, within 07 days upon the issuance of such decision, the Court must open a court hearing to hear the case.

Best Regards!