Cases of temporary suspension of cases due to natural disasters and epidemics

Cases of temporary suspension of cases because of natural disasters and epidemics (Artwork)

Temporarily suspending the case due to force majeure due to natural disaster

According to Clause 1, Article 3 of Joint Circular 01/2021 , cases of force majeure caused by natural disasters include:

- Procedure participants or agencies or persons competent to conduct proceedings are in the area where a state of emergency has been declared or where there is a natural disaster emergency in accordance with the law on state of emergency. emergency, law on natural disaster prevention and control;

- The place where the proceedings need to be conducted in the area where the state of emergency has been declared, or in the area where there is a natural disaster emergency in accordance with the law on emergency, the law on prevention, against natural disasters.

Competent procedure-conducting agencies and persons may only temporarily suspend the settlement of cases or cases due to force majeure events caused by natural disasters specified at Point c, Clause 1, Article 148, Point d, Clause 1, Article 229 and Points d, Clause 1, Article 247 of the Criminal Procedure Code when the following grounds are fully satisfied:

- Having taken all necessary measures as prescribed by law, but it is not possible to conduct one or several procedural activities to end the settlement of denunciations, information on crimes, and petitions for prosecution; end the investigation or decide to prosecute due to one of the force majeure circumstances mentioned above;

- The time limit for settlement of denunciations and reports on crimes and petitions for prosecution has expired; the time limit for investigation or for deciding the prosecution.

Temporarily suspending the case due to force majeure due to the epidemic

In Clause 2, Article 4 of the Joint Circular 01/2021 , cases of force majeure due to the epidemic include:

- Procedure participants, agencies and persons competent to conduct legal proceedings or places that need to conduct procedural activities in the area where a state of emergency has been declared in accordance with the law on the state of emergency. legislation on prevention and control of infectious diseases;

Procedure participants are under medical isolation under a decision of a competent agency or person due to being infected with a group A epidemic or due to another case related to a group A epidemic as prescribed by law. law on prevention and control of infectious diseases;

- Procedure participants, agencies or persons competent to conduct proceedings or the place where the proceedings need to be conducted are located in the area declared by the Prime Minister or the Minister of Health for the outbreak of infectious diseases. belongs to group A according to the provisions of the law on prevention and control of infectious diseases.

Competent procedure-conducting agencies and persons may only temporarily suspend the settlement of cases or cases due to force majeure events due to the epidemic at Point c, Clause 1, Article 148, Point d, Clause 1, Article 229 and Point d, Clause 1, Article 148. 1 Article 247 of the Criminal Procedure Code when the following grounds are fully satisfied:

- Having taken all necessary measures as prescribed by law, but it is not possible to conduct one or several procedural activities to end the settlement of denunciations, information on crimes, and petitions for prosecution; end the investigation or decide to prosecute due to one of the force majeure circumstances due to the epidemic mentioned above;

- The time limit for settlement of denunciations and reports on crimes and petitions for prosecution has expired; the time limit for investigation or for deciding the prosecution.

In addition, when applying the grounds for temporary suspension due to force majeure due to natural disasters or epidemics specified at Point c, Clause 1, Article 148, Point d, Clause 1, Article 229, and Point d, Clause 1, Article 247 of the Code of Procedures . Criminal procedure-conducting agencies and persons must adhere to the following principles:

(1) Comply with the provisions of the Criminal Procedure Code and other relevant laws;

(2) Only apply when there are enough grounds to suspend the case for reasons of natural disasters or epidemics mentioned above;

(3) Ensure human rights, legitimate rights and interests of relevant agencies, organizations and individuals;

(4) Ensure caution when deciding to apply to each specific case or case, prohibiting abuse;

(5) Ensure crime control, do not affect the settlement of the case or case when it is restored.

Jewel

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