Regulations on justifications of criminal charges

Vietnam: Regulations on justifications of criminal charges

1. What is criminal charge?

Criminal charge can be understood as an activity of a procedure-conducting agency to determine that there is a crime to conduct investigation to detect a crime. This is an independent stage of proceedings, initiating investigative activities.

2. Justifications of criminal charges

According to Article 143 of Vietnam's Criminal Procedure Code 2015, A charge shall only be filed upon the ascertainment of signs of criminal activities. Signs of criminal activities are ascertained by:

- A person’s denunciation;

- Information disclosed by an organization or individual;

- Information provided through mass media;

- A governmental authority’s requisitions for charges;

- Competent procedural authorities' direct exposure of signs of criminal activities;

- A perpetrator’s confession.

3. Justifications of the decision not to press criminal charges

According to Article 157 of Vietnam's Criminal Procedure Code 2015 are as follows: criminal charge shall not be filed in the presence of one of these justifications: 

- Criminal acts do not exist;

- Acts do not constitute crime;

- Persons committing dangerous acts against the society have not reached the age of criminal responsibility;

- Persons whose criminal acts have been sentenced or lawsuits have been dismissed validly;

- The prescriptive period for criminal prosecution passes;

- General amnesty has been granted;

- The person causing peril against the society is deceased, unless other persons must undergo reopening procedure;

- The crime victim or its representative does not petition for charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of Vietnam's Criminal Code.

4. Authority to press criminal charges

Authority to press criminal charges under Article 153 of Vietnam's Criminal Procedure Code 2015 is as follows:

(1) 1. Investigation authorities shall make decisions on pressing criminal charges against all matters exhibiting criminal signs, save those handled by units assigned to investigate, procuracies or juries as per Section (2), (3) and (4) of this section.

(2) Units assigned to investigate shall make decisions on pressing criminal charges in the events as defined in Article 164 of Vietnam's Criminal Procedure Code 2015 for an agency of the Border Guard, Customs, Rangers, Coast Guard, Fisheries and other agencies.

(3) The procuracy makes decisions on pressing criminal charges in the following events:

- The procuracy decides to rescind a decision not to press criminal charges from investigation authorities or units assigned to investigate;

- The procuracy directly processes denunciations, information and requisitions;

- The procuracy directly exposes signs of crime or respond to a requisition for charges by the Trial panel.

(4) The Trial panel decides to press charges or request The procuracy to press criminal charges if omission of crimes is detected during the trial.

5. Decision to prosecute criminal cases

According to Article 154 of Vietnam's Criminal Procedure Code 2015, the decision to prosecute a criminal case is as follows:

-  A decision to press criminal charges must specify grounds for charges, quote relevant Articles and clauses from the Criminal Code and present details as required in Section 2, Article 132 of Vietnam's Criminal Procedure Code 2015, including:

+ Procedural documents include orders, decisions, requests, investigation findings, charges, judgments and other procedural documents universally formatted for procedural activities.

+ Procedural documents must bear:

++ Number, issue date and issuing place of the procedural document;

++ Grounds for the issuance of the procedural document;

++ Contents of the procedural document;

++ Full name, position and signature of the individual issuing the procedural document and official seal.

- The procuracy, in 24 hours upon its decision to press criminal charges, shall send such decision to competent investigation authorities that carry out investigative activities.

Investigation authorities and units assigned to investigate, in 24 hours upon their decision to press criminal charges, shall deliver such decision and relevant documents to the competent Procuracy that administers the charges.

A Court, in 24 hours upon its decision to press criminal charges, must have such decision and relevant documents delivered to the equivalent Procuracy.

6. Amendments to the decision on pressing criminal charges

Amendments to the decision on pressing criminal charges according to Article 156 of the Criminal Procedure Code 2015 are as follows:

- Investigation authorities, units assigned to investigate or procuracies shall amend their decisions to press criminal charges when gaining justifications that charges deviate from actual criminal acts.

Moreover, they shall add criminal charges when identifying other criminal acts left uncharged.

-  Investigation authorities and units assigned to investigate, in 24 hours upon their decisions to amend or add criminal charges, must send such decisions to the equivalent Procuracy or competent Procuracy that administers such charges.

The procuracy, in 24 hours upon the decision to amend or add criminal charges, must send such decision to investigation authorities for investigative activities.

Quoc Dat

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