In what cases is the settlement of crime denunciations and information temporarily suspended?

In what cases is the settlement of crime denunciations and information temporarily suspended? (Illustration)

Pursuant to Article 148 of the Criminal Procedure Code 2015 (added by Clause 2, Article 1 of the Law amending and supplementing a number of articles of the Criminal Procedure Code effective from December 1, 2021), stipulates:

Upon the expiration of the time limit specified in Article 147 of the Criminal Procedure Code , the agency competent to settle criminal proceedings shall decide to temporarily suspend the settlement of criminal denunciations and information or petitions for prosecution when falling into one of the following cases: case:

+ Have solicited expertise, requested property valuation, requested foreign mutual legal assistance but no results have been obtained;

+ Having requested agencies, organizations and individuals to provide important documents and objects that are decisive for the prosecution or not to prosecute the case but there are no results.

Unable to finish the examination and verification to decide to prosecute or not to prosecute the case due to force majeure due to natural disasters or epidemics.

- Within 24 hours from the date of issuance of the decision to suspend the settlement of criminal denunciations and information and petitions for prosecution, the investigating agency and the agency assigned to conduct a number of investigative activities shall: Inspectors must send the suspension decision together with relevant documents to the procuracies of the same level or the competent procuracies for inspection and send such suspension decisions to the agencies, organizations or individuals that have denounced them. , report crime, propose prosecution.

- In case the decision on temporary suspension has no grounds, the procuracies shall issue a decision to cancel the decision on temporary suspension to continue the settlement.

 Within 24 hours after issuing a decision to cancel the suspension decision, the procuracies must send such decision to the investigating agency, the agency tasked to conduct a number of investigating activities, , organizations and individuals that have denounced and reported on crimes and proposed prosecution.

The time limit for settlement of criminal denunciations, information and recommendations for further prosecution shall not exceed 01 month from the date on which the investigating agency or agency assigned to conduct a number of investigating activities receives the decision to cancel the case. decision to suspend.

- In case of temporary suspension of the settlement of denunciations and information on crimes, or recommendations for prosecution, the assessment and valuation of assets or mutual legal assistance will continue to be conducted until the results are available.

In addition, it should be noted that for cases of suspension for which the statute of limitations for criminal prosecution has expired, the investigating authority shall discuss in writing with the Procuracy before issuing a decision not to prosecute the case. criminal judgment.

The determination of the statute of limitations for criminal prosecution in this case is based on the denunciation, information on the crime, and the recommendation to prosecute for the type of crime according to the provisions of the article of the Penal Code already approved by the authorities. competent procedural authorities to examine, verify and clarify; In case it is impossible to clarify any clause of a law, the determination of the statute of limitations shall be based on the penalty frame in the basic composition of that law (according to Article 5 of Joint Circular 01/2020/TTLT-VKSNDTC-TANDTC- BCA-BQP-BNN&PTNT-BTC-BTP ).

Jewel

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE