The case to be temporary suspend due to epidemic according to Criminal Procedure Code

Bao Ngoc

08:39, 03/12/2021

On November 29, 2021, the Supreme People's Procuracy - Ministry of Public Security - Ministry of National Defense - Ministry of Agriculture and Rural Development - Ministry of Finance of Vietnam issued Joint Circular 01/2021/TTLT-VKSNDTC-BCA-BQP-BNN&PTNT-BTC detailing the application of grounds for temporary suspension due to force majeure such as natural disasters and epidemics according to points c Clause 1 Article 148, Point d Clause 1 Article 229 and Point d Clause 1 Article 247 of Criminal Procedure Code.

According to the Joint Circular, authorized procedural persons may only temporarily suspend the settlement of cases due to force majeure such as epidemic at Point c, Clause 1, Article 148, Point d, Clause 1, Article 229, and Point d, Clause 1, Article 247 of the Criminal Procedure Code when the following grounds are fully satisfied:

- Having taken all necessary measures as prescribed by law, it is not possible to conduct one or several procedural activities to end the settlement of denunciations, information on crimes, and petitions for prosecution; end the investigation or decide to prosecute due to one of the force majeure circumstances such as epidemic according to Clause 2, Article 4 of this Joint Circular;

- The time limit for dealing with denunciations and reports on crimes or petitions for prosecution has expired; the time limit for investigation or for deciding the prosecution has expired.

Joint Circular 01/2021/TTLT-VKSNDTC-BCA-BQP-BNN&PTNT-BTC takes effect from December 1, 2021.

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