When there are grounds to prove that suspects or defendants will cause difficulties in investigating, prosecuting, adjudicating or will continue to commit crimes,etc., agencies or persons with procedure-conducting competence of Vietnam may detain suspects or defendants. So what specific cases can detain the defendants?
Article table of contents
When are suspects or defendants held in detention in Vietnam? (Illustration)
According to Article 119 of the Criminal Procedure Code 2015 , detention in Vietnam may apply in the following cases:
- Detention may apply to suspects and defendants perpetrating a horrific or extremely severe felony.
- Detention in Vietnam may apply to suspects or defendants committing a felony or misdemeanor punishable with incarceration for more than 02 years as per the Criminal Code if grounds show that:
+ Such persons commit crimes despite of existing preventive measures against them;
+ No definite place of residence is known or a defendant's identity is unidentified;
+ Such persons have absconded and have been arrested as per wanted notices or are evidently going to vanish;
+ Such persons continue criminal acts or are evidently going to continue crimes;
+ Such persons commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.
- Detention in Vietnam may apply to suspects or defendants committing a misdemeanor punishable with maximum 02-year imprisonment as per the Criminal Code if they continue criminal acts or are fugitives arrested as per wanted notices.
- If suspects or defendants have clear information of residence and identity and are gestating, raising a child less than 36 months of age, suffering from senility or serious diseases, detention shall be replaced by other preventive measures, except that:
+ They abscond and get arrested as per wanted notices;
+ They continue criminal acts;
+ They commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers or their kin.
+ Suspects or defendants breach national security and detention evidently prevents them from transgressing national security.
Diem My
- Key word:
- detention in Vietnam
