Cases of return of documents for further investigation in criminal proceedings in Vietnam

Cases of return of documents for further investigation in criminal proceedings in Vietnam (Internet image)

1. Return of case files for further investigation in Vietnam

According to Clause 1, Article 245 of the Criminal Procedure Code 2015, the procuracy shall decide to return case files and request investigation authorities to conduct further investigative activities in one of the following events:

- Evidences do not suffice to evince one of the matters as stated in Article 85 of the Criminal Procedure Code 2015; however, the Procuracy fails to supplement evidences by itself;

- There are justifications to press charges against the suspect for one or many crimes;

- Accomplices or other offenders related to the case have not been charged;

- Serious violations of legal procedure occur.

* Regarding the results of further investigation

- Investigation authorities, when closing additional investigation, shall conclude such investigation in writing. The written conclusion of the additional investigation shall specify additional findings and standpoints for the settlement of the case.

- If the additional findings basically conflict with previous ones, investigation authorities shall issue a new conclusion of investigation to replace the old one.

(Clause 3, Article 245 of the Criminal Procedure Code 2015)

2. Return of documents for further investigation in Vietnam

Pursuant to Clauses 1 and 2, Article 280 of the Criminal Procedure Code 2015:

* The presiding judge shall decide to return documents to the Procuracy for further investigation in one of the following events:

- Evidences for matters defined in Article 85 of the Criminal Procedure Code 2015 are not sufficient and cannot be supplemented in court;

- There are grounds showing the existence of the suspect’s other acts, apart from those prosecuted by the Procuracy, deemed as crimes in the Criminal Code;

- There are grounds showing the existence of other accomplices or offenders of criminal acts, as per the Criminal Code 2015 (amended in 2017), involved in the case and facing no charges;

- The charges, investigation and prosecution have constituted serious violations of legal proceedings.

* If the Procuracy finds grounds to have documents returned for additional investigation, it shall request the Court in writing for document return.

* Regarding the results of further investigation

- If additional findings lead to the dismissal of the case, the Procuracy shall decide to have the case dismissed and inform the Court in 03 days upon the issuance of such decision.

- If additional findings lead to the alteration of the decision to prosecute, the Procuracy shall issue new charging documents that replace the previous ones.

- If the Procuracy fails to provide additional information as per the Court's requests and retain its decision to prosecute, the Court shall commence the trial.

(Clause 3, Article 280 of the Criminal Procedure Code 2015)

3. Time limit for resumption of further investigation in Vietnam

Pursuant to Clause 2, Article 174 of the Criminal Procedure Code 2015, the time limit for resumption of further investigation is as follows:

- If The procuracy returns case files for further investigation, the time limit for the additional investigation shall not exceed 02 months.

- If a Court returns case files for further investigation, the time limit added shall not exceed 01 month.

The time limit for an additional investigation commences upon the investigation authority’s retrieval of case files and request for further investigation.

* About the number of times to return case files for further investigation

- The procuracy can return case files for further investigation twice.

- The presiding judge of a Court can return case files for further investigation once and the Trial panel can return case files for additional investigation once.

Van Trong

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