The National Assembly of Vietnam has promulgated Law amending and supplementing a number of articles of the Criminal Procedure Code, officially effective from December 1, 2021. According to that, there is 5 new content as follows:
Article table of contents
.jpg)
05 new content in the Law amending and supplementing the Criminal Procedure Code (Illustration image)
1. Commune police have more authority from December 1, 2021
According to the Law amending and supplementing the Criminal Procedure Code:
Police of communes, wards, townships and police stations shall receive denunciations and reports of crimes, make a record of receipt, conduct preliminary examination and verification, and immediately transfer denunciations and reports to crimes and related documents and objects to the competent investigating agency.
Previously, the Criminal Procedure Code of Vietnam only stipulated that the commune police are responsible for receiving denunciations and information on crimes, making a record of receipt, taking initial statements and immediately transferring denunciations and information on crime and related documents and objects to the competent investigating agency.
Therefore, the new regulations have allowed the commune police to conduct preliminary inspection and verification in receiving denunciations and information about crimes and petitions for prosecution such as police stations of wards, towns, and police stations.
2. More cases of temporary suspension of the settlement of crime denunciations and reports
In Clause 2, Article 1 of the Law amending and supplementing the Criminal Procedure Code of Vietnam, the case where the agency competent to settle the case decides to temporarily suspend the settlement of denunciations and information about crimes, or proposes to prosecute the time limit as follows:
Do not finish the examination and verification to decide to prosecute or not to prosecute the case due to natural disasters or epidemics.
The Chief Procurator of the Supreme People's Procuracy of Vietnam shall assume the prime responsibility for, and coordinate with the Minister of Public Security, the Minister of National Defense and heads of other relevant agencies detailing the above-mentioned case of temporary suspension.
Previously, Clause 1, Article 148 of the Criminal Procedure Code of Vietnam only stipulates that the competent agency shall decide to temporarily suspend the settlement of denunciations and information about crimes or petitions for prosecution when falling into one of the following cases:
- Have solicited expertise, requested property valuation, and requested foreign mutual legal assistance but no results have been obtained;
- The agency, organization or individual has been requested to provide important documents and objects of decisive significance to the prosecution or has not prosecuted the case but has not yet had results.
3. Prosecuting infringing industrial property rights without the victim's request
According to the new regulations of Vietnam, criminal cases can only be prosecuted for crimes specified in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code at the request of the victim or the victim's representative of a person under the age of 18, mentally or physically impaired, or deceased.
Meanwhile, criminal cases may not be instituted when there are criminal grounds specified in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code and the victim or the victim's representative did not request a prosecution.
In conclusion, from December 1, 2021, it is possible to prosecute for infringing industrial property rights without the victim's request.
4. Addition of temporary suspension investigation
In Clause 5, Article 1 of the Law amending and supplementing the Criminal Procedure Code of Vietnam, the investigating agency issues a decision to temporarily suspend the investigation when:
The investigation cannot be finished due to disasters or epidemics, but the investigation period has expired.
5. Addition of temporary suspension case
According to the new regulations, the Procuracy of Vietnam shall decide to temporarily suspend the case in the following cases:
When it is not possible to conduct legal activities to decide the prosecution due to natural disasters or epidemics but the time limit for deciding the prosecution has expired.
(This is new content)
Law No. 02/2021/QH15 of Vietnam takes effect from December 1, 2021.
Bao Ngoc
