Cases of filing of criminal charges as per the crime victim’s petitions in Vietnam

Cases of filing of criminal charges as per the crime victim’s petitions in Vietnam (Internet image)

1. Cases of filing of criminal charges as per the crime victim’s petitions in Vietnam

Only criminal charges against offences as defined in Section 1 of the following articles can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

at the request of the victim or the victim's representative who is a person under 18 years of age or is mentally or physically handicapped or dead:

- Article 134. Deliberate infliction of bodily harm upon another person

- Article 135. Deliberate infliction of bodily harm upon others under provocation

- Article 136. Deliberate infliction of bodily harm because of unjustified force in capturing criminals

- Article 138. Involuntary infliction of bodily harm upon others

- Article 139. Involuntary infliction of bodily harm because of professional misconduct or breach of administrative rules

- Article 141. Rape

- Article 142. Rape of a person under 16

- Article 155. Insults to another person

- Article 156. Slander

(Article 155 of the Criminal Procedure Code 2015, as amended in 2021)

2. Authority to press criminal charges in Vietnam

Authority to press criminal charges belongs to the following subjects:

- Investigation authorities shall make decisions on pressing criminal charges against all matters exhibiting criminal signs, save those handled by units assigned to investigate, procuracies or juries as per Section 2, 3 and 4 in Article 153 of the Criminal Procedure Code 2015.

- Units assigned to investigate shall make decisions on pressing criminal charges in the events as defined in Article 164 of this Law.

- The procuracy makes decisions on pressing criminal charges in the following events:

+ The procuracy decides to rescind a decision not to press criminal charges from investigation authorities or units assigned to investigate;

+ The procuracy directly processes denunciations, information and requisitions;

+ The procuracy directly exposes signs of crime or respond to a requisition for charges by the Trial panel.

- The Trial panel decides to press charges or request The procuracy to press criminal charges if omission of crimes is detected during the trial.

(Article 153 of the Criminal Procedure Code 2015)

3. Decision to press criminal charges in Vietnam

- A decision to press criminal charges must specify grounds for charges, quote relevant Articles and clauses from the Criminal Code and present details as required in Section 2, Article 132 of the Criminal Procedure Code 2015.

- The procuracy, in 24 hours upon its decision to press criminal charges, shall send such decision to competent investigation authorities that carry out investigative activities.

Investigation authorities and units assigned to investigate, in 24 hours upon their decision to press criminal charges, shall deliver such decision and relevant documents to the competent Procuracy that administers the charges.

A Court, in 24 hours upon its decision to press criminal charges, must have such decision and relevant documents delivered to the equivalent Procuracy.

(Article 154 of the Criminal Procedure Code 2015)

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