Time limit and procedures for criminal information disclosed in Vietnam

Time limit and procedures for criminal information disclosed in Vietnam (Internet image)

1. What is criminal information disclosed?

According to Clause 2, Article 144 of the Criminal Procedure Code 2015, criminal information disclosed refers to the data on activities denoting crimes as disclosed by authorities, organizations and individuals to competent authorities or the criminal information disclosed through mass media.

2. Responsibilities and authority to receive and process criminal information disclosed in Vietnam

The responsibilities and authority to receive and process criminal information disclosed according to Article 145 of the Criminal Procedure Code 2015 stipulates as follows:

- All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.

- The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:

+ Investigation authorities and procuracies that obtain denunciations, information and requisitions;

+ Other authorities that take in denunciations and criminal information disclosed.

- The authority to handle denunciations, information and charge requests is given to:

+ Investigation authorities processing intra vires denunciations, information and requisitions;

+ Units assigned to investigate process denunciations and criminal information disclosed within its powers;

+ The procuracy processes denunciations, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.

- The authorities empowered to process denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.

3. Time limit and procedures for criminal information disclosed in Vietnam

Time limit and procedures for criminal information disclosed under Article 147 of the Criminal Procedure Code 2015 are as follows:

- Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue one of the following decisions:

+ Decision to press criminal charges;

+ Decision not to file criminal charges;

+ Decide to suspend the processing of denunciations, information and requisitions.

- If denunciations, criminal information disclosed or requisitions for charges contain complex facts or the verification of such information must be done in several locations, the time limit for processing such information may be extended but shall not exceed 02 months. If activities of investigation and verification cannot end within the time limit as stated in this Section, the head of the equivalent Procuracy or competent Procuracy can sanction one extension of 02 months at most.

Investigation authorities and units assigned to investigate, in at most 05 days before the end of the time limit for investigation and verification, must send a written request for extension to the equivalent Procuracy or competent Procuracy.

- Competent authorities, when processing denunciations, information and requisitions, shall perform these activities:

+ Collect data, documents and items from relevant authorities and entities to verify the information;

+ Examine the scenes;

+ Conduct autopsy;

+ Requisition expert examinations and valuation.

- The sequence, formalities and time limit for the Procuracy's processing of denunciations, information and charge requests are governed in this Section

Quoc Dat

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