How to determine the time limit for criminal prosecution in Vietnam?
How to determine the time limit for criminal prosecution in Vietnam? - Mr. Tai (Long An)
How to determine the time limit for criminal prosecution in Vietnam?
Pursuant to Article 27 of the Criminal Code in 2015 stipulating time limit for criminal prosecution as follows:
Time limit for criminal prosecution
1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.
2. Time limits for criminal prosecution:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 20 years for very serious crimes;
d) 20 years for extremely serious crimes.
3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
As regulations above, the time limit for criminal prosecution shall be determined as follows:
- The time limit for criminal prosecution begins from the day on which the crime is committed
- During the time limit, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
- During the time limit, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
How to determine the time limit for criminal prosecution in Vietnam? - Image from Internet
What crimes are not applied with the time limit for criminal prosecution in Vietnam?
Pursuant to Article 28 of the Criminal Code in 2015, time limit for criminal prosecution does not apply to the following crimes:
1. Infringement of national security
- High treason
- Espionage
- Infringement upon territory
- Rebellion
- Terrorism aimed to oppose the people's authority
- Sabotage of technical facilities of Socialist Republic of Vietnam
- Fabrication, possession, spreading or dissemination of information, materials, items for opposing the government of Socialist Republic of Vietnam
- Disruption of security
- Disruption of detention facility
- Organizing, coercing, instigating illegal emigration for the purpose of opposing the people's authority
- Illegal emigration for the purpose of opposing the people's authority
2. Disturbing the peace, crimes against humanity and war crimes
- Disruption of peace, provocation of war of aggression
- Crimes against humanity
- War crimes
- Recruiting, training or employing mercenaries
- Working as a mercenary
3. Embezzlement, acceptance of bribes
Embezzlement in following cases:
- The property embezzled is assessed at from VND 500,000,000 to under VND 1,000,000,000;
- The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000;
- The offence has a negative impact on social security, order or safety;
- The offence result in bankruptcy or shutdown of another enterprise or organization.
- The property embezzled is assessed at ≥ VND 1,000,000,000;
- The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
Acceptance of bribes in following cases:
- The bribe is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000;
- The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000.
- The bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000;
- The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
What are bases for exemption from criminal responsibility in Vietnam?
Pursuant to Article 29 of the Criminal Code in 2015, time bases for exemption from criminal responsibility in Vietnam are as follows:
- A policy or law is changed during the process of investigation, prosecution or trial and accordingly, the offender's act is no longer dangerous to society;
- A general amnesty is granted.
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