Regulations on applying summary procedures in criminal proceedings in Vietnam

Regulations on applying summary procedures in criminal proceedings in Vietnam (Internet image)

1. Requirements for the application of summary procedure in Vietnam

Article 456 of the Criminal Procedure Code 2015 stipulates the requirements for the application of summary procedure as follows:

* For the stage of investigation, prosecution and trail in the first instance

Summary procedure shall be applied during the stage of investigation, prosecution and trail in the first instance upon the satisfaction of these requirements:

- The perpetrator of criminal acts confesses or is caught in the act;

- The crime is plain and evidences are lucid;

- The crimes committed are misdemeanors;

- The perpetrator of crimes has manifest address of residence and personal record.

* In trial in the second instance 

Summary procedure shall be applied for trial in the second instance upon the satisfaction of one of these requirements:

- Summary procedure was applied for the trial in the first instance. Furthermore, appeals or protests are lodged to commute or suspend sentences;

- Summary procedure was not applied for the trial in the first instance despite the satisfaction of all requirements in Section 1 of this Article. Moreover, appeals or protests are lodged to commute or suspend sentences.

2. Decisions to apply summary procedure in Vietnam

Article 457 of the Criminal Procedure Code 2015 stipulates the decisions to apply summary procedure as follows:

- In 24 hours upon the satisfaction of requirements in Section 1, investigation authorities, procuracies and courts shall decide to apply summary procedure.

Summary procedure shall commence upon the issuance of the decision and end upon the closure of the appellate trial, unless such procedure is terminated according to Article 458 of this Law.

- The decision to apply summary procedure shall be given to the suspect, defendant or their representatives, and defense counsel in 24 hours upon its issuance.

Investigation authorities or Courts, in 24 hours upon the issuance of their decision to apply summary procedure, shall send such decision to the equivalent Procuracy.

- The procuracy, when finding the invalidity of investigation authorities’ decisions to apply summary procedure, shall decide to nullify such decisions in 24 hours upon the receipt of such, and inform the investigation authorities.

- The procuracy, when finding the invalidity of the Court’s decision to apply summary procedure, shall propose its findings to the President of that Court. The court president must consider details and respond in 24 hours upon the receipt of the Procuracy’s propositions.

- Complaints may be lodged against a decision to apply summary procedure.

+ The suspect, defendant or their representatives shall be entitled to lodge complaints against a decisions to apply summary procedure. The time limit for such complaints shall be 05 days upon the receipt of the decision.

+ Complaints shall be sent to the investigation authorities, procuracies or courts issuing the decision to apply summary procedure. Such complaints, after received, must be settled in 03 days.

3. The process of settling criminal cases according to summary procedure in Vietnam

The process of settling criminal cases according to summary procedures is specified from Article 459 to Article 465 of the Criminal Procedure Code 2015 as follows:

3.1 Temporary detainment and detention for investigation, prosecution and adjudication

- Grounds, authority and procedures for temporary detainment and detention shall abide by Criminal Procedure Code 2015.

- The length of time of temporary detainment shall not exceed 03 days upon the investigation authorities’ acquisition of an arrestee.

- The time limit for temporary detention shall not exceed 20 days during investigation, 05 days during prosecution, 17 days during trial in the first instance, and 22 days during trial in the second instance.

3.2 Investigation

- The time limit for investigation under summary procedure shall be 20 days upon the issuance of a decision to file a lawsuit.

- Investigation authorities, when closing investigation, shall issue decisions to prosecute.

A decision to prosecute shall summarize criminal acts, artifices, motives, purposes, nature and degree of damage caused by criminal acts; preventive and coercive measures implemented, altered or terminated; seizure and impoundment of documents, items, handling of evidences; personal traits of suspects, factors aggravating or mitigating criminal liabilities; reasons and grounds for prosecution; offence titles, applicable points, sections and articles of the Criminal Code; specific time and issuing place of the decision. Such decision must bear the full name and signature of the individual issuing the decision.

- Investigation authorities, in 24 hours upon issuing a decision to prosecute, must send such decision to the suspect or his representative, defense counsel, crime victims, litigants or their representatives. Moreover, such decision and case files shall be delivered to the Procuracy.

3.3 Decision to prosecute

- The procuracy, in 05 days upon receiving a decision to prosecute and case files, shall make one of these decisions:

+ Prosecute the suspect before a Court via the decision to prosecute;

+ Decide not to prosecute the suspect and dismiss the case;

+ Return documents for further investigation;

+ Suspend the case;

+ Dismiss the case.

- A decision to prosecute shall summarize criminal acts, artifices, motives, purposes, nature and degree of damage caused by criminal acts; preventive and coercive measures implemented, altered or terminated; seizure and impoundment of documents, items, handling of evidences; personal traits of suspects, factors aggravating or mitigating criminal liabilities; reasons and grounds for prosecution; offence titles, applicable points, sections and articles of the Criminal Code; specific time and issuing place of the decision. Such decision must bear the full name and signature of the individual issuing the decision.

- The procuracy, in 24 hours upon issuing a decision to prosecute, must send such decision to the suspect or his representative, defense counsel, crime victims, litigants or their representatives and investigation authorities. Moreover, such decision and case files shall be delivered to the Court.

3.4 Preparation for trial in the first instance

- The judge appointed to hold trial, in 10 days upon the admission of the case, shall make one of these decisions:

+ Hear the case;

+ Return documents for further investigation;

+ Suspend the case;

+ Dismiss the case.

- The court, if deciding to hear the case, shall start the trial in 07 days upon the issuance of such decision.

- The first-instance court, in 24 hours upon deciding to hear the case, must send such decision to the equivalent Procuracy, the defendant or his representative, defense counsel, crime victims, litigants or their representatives.

3.5 Trial in the first instance

- A trial under summary procedure in the first instance shall be held by one Judge.

- The procurator, after the preliminary formalities of the trial, shall announce the decision to prosecute.

- The order and procedures of this court of first instance shall abide by general stipulations in the Criminal Procedure Code 2015, without a session of deliberation.

3.6 Preparation for trial

* Trial in the second instance

- The appellate court shall receive and admit case files according to general stipulations in the Criminal Procedure Code 2015.

The court, after admitting the case, shall send case files to the equivalent Procuracy. In 05 days, the Procuracy must return case files to the Court.

- The judge appointed to hold trial, in 15 days upon the admission of the case, shall make one of these decisions:

+ Hear the case in the second instance;

+ Dismiss the appellate lawsuit.

- The court, if deciding to hear the case in the second instance, shall start the trial in 07 days upon the issuance of such decision.

- The appellate court, in 24 hours upon deciding to hear the case, must send such decision to the equivalent Procuracy, the defendant or his representative, defense counsel, crime victims, litigants or their representatives.

* Trial in the second instance

- An appellate trial under summary procedure shall be held by one Judge.

- The order and procedures of this court of second instance shall abide by general stipulations in this Law, without a session of deliberation.

Van Trong

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