Cases Permitted and Not Permitted for Returning Investigation Files for Additional Investigation in Vietnam

17:48, 10/07/2024

For the utmost convenience of our members, Lawnet would like to share a summary of cases in which a dossier for additional investigation in a criminal case in Vietnam is either returned or not returned, based on Joint Circular 02/2017/TTLT-VKSNDTC-TANDTC-BCA-BQP recently issued.

Because the file is quite long, please download and follow it at the link below.

CASES WHERE ADDITIONAL INVESTIGATION FILES MAY OR MAY NOT BE RETURNED IN VIETNAM

Case Group		Procuracy	Court
When there are grounds to prosecute the defendant for one or more additional crimes; co-offenders or other criminals related to the case have not yet been prosecuted.	May return the case file for supplementary investigation	When prosecuting and investigating one or more crimes but the evidence in the case file indicates that the defendant's actions constitute one or more other crimes.	Return the file for supplementary investigation when the Procuracy prosecutes for one or more crimes, but the evidence in the case file indicates that the actions of the defendant or accused constitute one or more other crimes.
		Besides the crime already prosecuted and investigated, the evidence in the case file indicates there are grounds to prosecute the defendant for one or more other crimes	Besides the crime that the Procuracy has prosecuted, the evidence in the case file indicates there are grounds to prosecute the defendant or accused for one or more other crimes
		In addition to the defendant who has been prosecuted and investigated, the evidence in the case file indicates there are other co-offenders or other criminals related to the case who have not yet been prosecuted.	Besides the defendant or accused who has been prosecuted, the evidence in the case file indicates there are other co-offenders or other criminals related to the case who have not yet been prosecuted.
	The case file cannot be returned for supplementary investigation	If there are grounds to split the case as stipulated in Clause 2, Article 242 of the Criminal Procedure Code	The Procuracy prosecutes for one or more crimes, but the evidence in the case file indicates that the defendant or accused may be tried for one or more corresponding or lesser crimes or may be tried for fewer crimes than those prosecuted by the Procuracy.
		If the Court's decision to return the file for supplementary investigation is grounded but it is deemed unnecessary to return the file to the investigation agency, the Procuracy directly conducts some investigative activities to supplement documents and evidence as stipulated in Clause 1, Article 246 of the Criminal Procedure Code.	When a decision to split the case has already been made or has not yet been made by the investigation agency or Procuracy, but there are grounds to split the case as stipulated in Clause 2, Article 170, Clause 2, Article 242 of the Criminal Procedure Code.
			Procuracy has already requested additional documents and evidence as stipulated in Article 284 of the Criminal Procedure Code.
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- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
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