Investigation Period for the Crime of Smuggling
Based on 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 offenses, 03 months for serious offenses, 04 months for very serious and particularly serious offenses from the initiation of the case to the conclusion of the investigation.
- In cases requiring an extension of the investigation due to the complexity of the case, no later than 10 days before the end of the investigation period, the investigation agency must submit a written request to the Procuracy for an extension.
Investigation extensions are regulated as follows:
+ For less serious offenses, the investigation can be extended once, not exceeding 02 months;
+ For serious offenses, the investigation can be extended twice, the first not exceeding 03 months, and the second not exceeding 02 months;
+ For very serious offenses, the investigation can be extended twice, each time not exceeding 04 months;
+ For particularly serious offenses, the investigation can be extended three times, each time not exceeding 04 months.
- According to Clause 2, Article 1 of the Law amending the Criminal Code 2017, the classification of offenses is regulated as follows:
+ Less serious offenses are those with lesser dangerous nature and degree to society, where the highest penalty frame stipulated by this Code is a fine, non-custodial reform, or imprisonment of up to 03 years;
+ Serious offenses are those with significant dangerous nature and degree to society, where the highest penalty frame stipulated by this Code is from over 03 years to 07 years of imprisonment;
+ Very serious offenses are those with very significant dangerous nature and degree to society, where the highest penalty frame stipulated by this Code is from over 07 years to 15 years of imprisonment;
+ Particularly serious offenses are those with extremely significant dangerous nature and degree to society, where the highest penalty frame stipulated by this Code is from over 15 years to 20 years of imprisonment, life imprisonment, or death penalty.
- According to Article 188 of the 2015 Criminal Code, amended by Point a, Clause 38, Article 1 of the Law amending the Criminal Code 2017, the penalty frames for smuggling are regulated as follows:
+ Frame 1: A fine from 50,000,000 VND to 300,000,000 VND or imprisonment from 06 months to 03 years.
+ Frame 2: A fine from 300,000,000 VND to 1,500,000,000 VND or imprisonment from 03 years to 07 years.
+ Frame 3: A fine from 1,500,000,000 VND to 5,000,000,000 VND or imprisonment from 7 years to 15 years.
+ Frame 4: Imprisonment from 12 years to 20 years.
=> Thus, depending on the nature and severity of the violation, there will be corresponding penalty frames and different investigation periods. Therefore, you should base it on the actual situation and the above regulations to determine the investigation period.
The above is the supporting content!
Respectfully!
