Cases of suspension or termination of investigation in Vietnam

Cases of suspension of investigation in Vietnam

Pursuant to the provisions of Article 229 of the Criminal Procedure Code 2015, 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.

If there are several suspects in one case but the reason for suspension of investigation does not apply to all of them, the investigative activities against each suspect shall be suspended separately.

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.

Cases of suspension or termination of investigation in Vietnam (Internet image)

Cases of termination of investigation in Vietnam

Pursuant to the provisions of Article 230 of the Criminal Procedure Code 2015, investigation authorities shall decide to terminate investigative activities in one of the following events:

- As per justifications as defined in Section 2, Article 155 and Article 157 of the Criminal Procedure Code 2015 or in Article 16 or Article 29 or Section 2, Article 91 of the Criminal Code 2015;

- Time limit for investigation expires though suspects are not proved to commit crimes.

A decision to terminate investigation shall specify time and issuing place of the decision, reasons and justifications, termination of preventive and coercive measures, return of documents and items impounded (if any), handling of evidences and relevant matters.

If there are several suspects in one case but the reason for suspension of investigation does not apply to all of them, the investigative activities against each suspect shall be terminated separately.

The procuracy, in 15 days upon receiving the decision to terminate investigation and case files from investigation authorities, shall consider justifications of such decision and return case files to investigation authorities that handle intra vires matters.

If the suspension decision is deemed unjustified, it shall be abrogated and investigation authorities shall be requested to resume investigative activities.

If justifications of prosecution suffice, the Procuracy shall nullify the decision on investigation suspension and decide to prosecute according to the time limit, sequence and formalities as stated in the Criminal Procedure Code 2015.

Regulations on resumption of investigation in Vietnam

Pursuant to the provisions of Article 235 of the Criminal Procedure Code 2015, investigation authorities, when having justifications to annul the decision to terminate or suspend investigation, shall decide to resume the investigation if the prescriptive period for criminal prosecution remains effective.

If the investigation is terminated according to Section 5 and Section 6, Article 157 of the Criminal Procedure Code 2015 without the consent of the suspect who petitions for repetition of investigation, investigation authorities or equivalent procuracies shall decide to resume the investigation.

Investigation authorities, in 02 days upon deciding to resume 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.

Mai Thanh Loi

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