Postponement of exit is a temporary stop or not for Vietnamese citizens to leave the country. At the same time, this is also one of the preventive measures applied under the Criminal Procedure Code . So when is a person's exit suspended?
Article table of contents
When is a person's exit suspended? (Illustration)
In which case, the exit will be suspended?
According to Article 124 of the 2015 Criminal Procedure Code , exit may be suspended for the following people when there are grounds to determine that their exit shows signs of absconding :
- The person being denounced or proposed for prosecution has, through examination and verification, sufficient grounds to determine that such person is suspected of committing a crime and considers it necessary to immediately prevent such person from hiding or destroying evidence;
- Defendant, defendant.
In addition, in Article 36 of the Law on Exit and Entry of Vietnamese Citizens 2019 , there are 09 cases of temporary suspension of exit including :
(1) The accused, the accused; the person being denounced, the person proposed for prosecution, but through examination and verification there are grounds to determine that such person is suspected of committing a crime and considers it necessary to immediately prevent such person from hiding or destroying evidences according to regulations. of the Criminal Procedure Code .
(2) Persons whose prison sentence is suspended, who are temporarily suspended from serving prison sentences, who are released from prison ahead of time with conditions during the probationary period, who are served a suspended sentence during the probationary period, the person serving the sentence of non-custodial reform while serving the sentence in accordance with the Law on Criminal Judgment Execution .
(3) Obligors under the civil procedure law if there are grounds to show that the settlement of the case is related to their obligations to the State, agencies, organizations or individuals. and their exit affects the settlement of the case, the interests of the State, the lawful rights and interests of agencies, organizations and individuals or to ensure the judgment enforcement.
(4) The civil judgment debtor, the legal representative of the agency or organization that is obliged to execute the judgment or decision to be executed in accordance with the law on civil judgment enforcement if there are grounds to show that their departure affects the interests of the State, the lawful rights and interests of agencies, organizations or individuals or to ensure the execution of judgments.
(5) Taxpayers, legal representatives of enterprises that are being enforced for enforcement of administrative decisions on tax administration, Vietnamese people leaving to settle abroad, Vietnamese residing in foreign countries. Before leaving the country, they have not fulfilled their tax payment obligations in accordance with the law on tax administration.
(6) The person being coerced, the representative of the organization being coerced to execute the decision on sanctioning of administrative violations and deems it necessary to immediately prevent such person from escaping.
(7) The person being inspected, examined or verified has enough grounds to determine that his/her violations are particularly serious and considers it necessary to immediately prevent such person's escape.
(8) Persons who are suffering from a contagious or dangerous disease and consider it necessary to immediately prevent the disease from spreading or spreading to the community, unless they are allowed to enter by a foreign party.
(9) Persons for whom the competent authority has grounds to believe that their departure affects national defense and security.
How long is the exit delay?
* According to Clause 3, Article 124 of the Criminal Procedure Code , the time limit for suspension of exit for cases showing signs of escape is as follows:
- The time limit for suspension of exit must not exceed the time limit for dealing with sources of crime, prosecuting, investigating, prosecuting and adjudicating according to the provisions of this Code.
- The time limit for suspension of exit for a person sentenced to prison shall not exceed the time limit from the date of sentence pronouncement until the time that person goes to serve the prison sentence.
* For exit suspension in one of 09 cases according to Article 36 of the Law on Exit and Entry of Vietnamese Citizens , the time limit for suspension of exit is as follows:
- Case (1), the time limit for suspension of exit shall comply with the provisions of the Criminal Procedure Code ;
- In case (2), (3), (4), (5) and (6), the exit suspension period ends when the violator or obligee has finished serving the judgment or decision of the agency. competent authorities or persons in accordance with this Law;
- In case (7), the time limit for suspension of exit shall not exceed 01 year and may be extended, each time not exceeding 01 year;
- In case (8), the time limit for suspension of exit shall not exceed 06 months and may be extended, each extension shall not exceed 06 months;
- In case (9), the time limit for suspension of exit will be counted until it no longer affects national defense and security under the decision of the Minister of National Defense or the Minister of Public Security.
In addition, in case the exit suspension has been suspended, if the exit suspension is not canceled and the exit suspension is not extended, when the above-mentioned time limit expires, the exit suspension will automatically be canceled.
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