What are the regulations on the time limit for criminal prosecution in Vietnam? – Thuy Dung (Dong Thap, Vietnam)
Article table of contents
Time limit for criminal prosecution in Vietnam (Internet image)
1. What is the time limit for criminal prosecution?
The time limit for criminal prosecution is a time limit set out by Criminal Code 2015 and upon the expiration of which the offender does not face any criminal prosecution.
2. How long is the time limit for criminal prosecution in Vietnam?
- Time limits for criminal prosecution:
+ 05 years for less serious crimes;
+ 10 years for serious crimes;
+ 20 years for very serious crimes;
+ 20 years for extremely serious crimes.
- The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
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Crimes defined in this Code are classified into 04 categories according to their nature and danger to society: - Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by Criminal Code 2015 is a fine, community sentence (non-custodial), or 03 years' imprisonment; - Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by Criminal Code 2015 is from over 03 years' to 07 years' imprisonment; - Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by Criminal Code 2015 is from over 07 years' to 15 years' imprisonment; - Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by Criminal Code 2015 is from over 15 years' to 20 years' imprisonment, life imprisonment, or death. |
(Article 9, Article 27 of the Criminal Code 2015)
3. Non-application of time limit for criminal prosecution in Vietnam
Time limit for criminal prosecution does not apply to the following crimes in Vietnam:
- Infringement of national security specified in Chapter XIII of the Criminal Code 2015;
+ High treason
+ Activities against the people's government
+ Espionage
+ Infringement upon territory
+ Rebellion
+ Terrorism to oppose the people's government
+ Sabotaging facilities of Socialist Republic of Vietnam
+ Sabotaging implementation of socio-economic policies
+ Sabotaging implementation of solidarity policies
+ Making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam
+ Disruption of security
+ Disruption of detention facilities
+ Organizing, coercing, instigating illegal emigration for the purpose of opposing the people's government
+ Illegal emigration for the purpose of opposing the people's government
+ Additional punishment
- Disturbing the peace, crimes against humanity and war crimes specified in Chapter XXVI of the Criminal Code 2015;
- Embezzlement in the circumstances specified in Clause 3 and Clause 4 Article 353 of the Criminal Code 2015; acceptance of bribes in the circumstances specified in Clause 3 and Clause 4 Article 254 of the Criminal Code 2015.
(Article 27 of the Criminal Code 2015)
Diem My
