Regulations on suspension and dismissal of first-instance trial of criminal cases in Vietnam

Regulations on suspension and dismissal of first-instance trial of criminal cases in Vietnam (Internet image)

1. Time limit for trial preparation of criminal cases in Vietnam

Time limit for trial preparation of criminal cases under Article 277 of the Criminal Procedure Code 2015 is as follows:

- The presiding judge, in 30 days for misdemeanors, 45 days for felonies, 02 months for horrific felonies and 03 months for extremely severe felonies upon the admission of the case, shall make one of the following decisions:

+ Hear the case;

+ Return documents for further investigation;

+ Suspend or dismiss the case.

The court president of the Court may decide to extend the time limit for preparation for trial against a complex case for 15 more days for misdemeanors and felonies and 30 more days at most for horrific felonies and extremely severe felonies.

The equivalent procuracy must be promptly informed of the extension of the time limit for trial preparation.

- If a case is returned for further investigation, the Presiding judge, in 15 days upon retrieving documents, must decide to hear the case.

If a case is resumed, the time limit for trial preparation shall abide by universal stipulations of the Criminal Procedure Code 2015 and commences as of the date of the Court's decision to resume the case.

- The court, in 15 days upon issuing a decision to hear the case, must hold a trial. If force majeure or objective obstacles occur, the Court may initiate the trial within 30 days.

2. Cases of suspension of first-instance trial of criminal cases in Vietnam

According to Article 281 of the Criminal Procedure Code 2015, cases of suspension of first-instance trial of criminal cases are as follows:

- The presiding judge shall decide to suspend a case in one of the following events:

+ There are justifications for case suspension as defined in Point b and Point c, Section 1, Article 229 of Criminal Procedure Code 2015;

++ If judicial expert examination finds that suspects suffer from mental illness or fatal diseases, the investigation may be suspended ahead of schedule;

++ Time limit for investigation expires while expert examination, property valuation or judicial assistance, though requested, does not progress. In such event, expert examination, valuation process and judicial assistance shall continue until results are achieved.

+ The location of a suspect or defendant is unknown despite the expiration of the time limit for trial preparation. In this event, investigation authorities shall be requested to seek such defendant or suspect prior to the suspension of the case.

The seeking of a suspect or defendant shall abide by Article 231 of Criminal Procedure Code 2015;

+ Await the result of the processing of legislative documents as per the Court’s requisitions.

- If there are several suspects or defendants in one case but the reason for case suspension does not apply to all of them, the lawsuit shall be suspended for each suspect or defendant separately.

- The decision to suspend the case must specify reasons for suspension and details as stated in Section 2, Article 132 of Criminal Procedure Code 2015.

3. Case of dismissal of trial of criminal cases in Vietnam

According to Article 282 of the Criminal Procedure Code 2015, the dismissal of trial of criminal cases is stipulated as follows:

- The presiding judge shall decide to dismiss a case in one of the following events:

+ There are justifications for case dismissal as defined in Section 2, Article 155 or Point 3, 4, 5, 6 and 7, Article 157 of the Criminal Procedure Code 2015;

++ If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

++ 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 procuracy revokes all decisions to prosecute before the trial commences.

If there are several suspects or defendants in one case but the reason for case dismissal does not apply to all of them, the lawsuit shall be dismissed for each suspect or defendant separately.

- The decision to dismiss the case must specify reasons for dismissal and details as stated in Section 2, Article 132 of the Criminal Procedure Code 2015.

Quoc Dat

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