Cases of suspension of investigation in criminal cases in Vietnam

Cases of suspension of investigation in criminal cases in Vietnam (Internet image)

To this problem, LawNet would like to answer as follows:

1. Cases of suspension of investigation in criminal cases in Vietnam

According to Clause 1, Article 229 of the Criminal Procedure Code 2015 (amended in 2021), investigation authorities shall decide to suspend investigative activities in one of the following events:

- Suspects are unidentified or their whereabouts are unknown despite the expiration of the investigation time limit. If the location of suspects is unknown, investigation authorities must issue wanted notices before suspending the investigation;

- If judicial expert examination finds that suspects suffer from mental illness or fatal diseases, the investigation may be suspended ahead of schedule;

- Time limit for investigation expires while expert examination, property valuation or judicial assistance, though requested, does not progress. In such event, expert examination, valuation process and judicial assistance shall continue until results are achieved.

- Being unable to finish the examination and verification to decide whether to prosecute or not to prosecute the case due to force majeure due to natural disasters or epidemics.

The Chief Procurator of the Supreme People's Procuracy shall assume the prime responsibility for, and coordinate with the Minister of Public Security, the Minister of National Defense, and heads of other relevant agencies in detailing this point.

2. Provisions on suspension of investigation in criminal cases in Vietnam

The suspension of investigation in criminal cases in Vietnam according to the provisions of Clause 1, Article 32 of Joint Circular 04/2018/TTLT-VKSNDTC-BCA-BQP is as follows:

- When there are grounds to suspend an investigation, investigators and procurators must coordinate in reviewing evidence and documents to ensure that the investigation suspension is grounded and in accordance with Articles 229 and 443 of the Criminal Procedure Code 2015.

Before issuing a decision to suspend the investigation of the case, a decision to temporarily suspend the investigation of the case against the accused, or decide to temporarily suspend the investigation of the accused, the investigating agency must handle related issues (if any) in accordance with the Criminal Procedure Code 2015 and other relevant laws.

- The investigating agency and the Procuracy must open a book to monitor and manage the cases, and the accused shall temporarily suspend the investigation.

Investigators and procurators regularly review the cases to agree on them, and the accused temporarily suspends the investigation. When finding that the reason for suspension of investigation no longer exists, the investigating authority must issue a decision to resume investigation of the case and investigate the accused.

For cases where the statute of limitations for penal liability examination has expired or, due to a change in law provisions, the criminal act is no longer considered a crime, the investigating agency shall discuss with the Procuracy before issuing a decision to terminate the investigation in accordance with the provisions of the Criminal Procedure Code 2015.

3. Notice of sending decision on suspension of investigation in criminal cases in Vietnam

According to Clause 3, Article 229 of the Criminal Procedure Code 2015, investigation authorities, in 02 days upon deciding to suspend the investigation, shall:

- Send such decision to the equivalent Procuracy, suspects, their defense counsels or representatives and deliver notices to the crime victims, litigants and protectors of their legitimate rights.

Vo Van Hieu

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