Justifications of the decision not to press criminal charges in Vietnam

Justifications of the decision not to press criminal charges in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Justifications of the decision not to press criminal charges in Vietnam

Specifically, Article 157 of the Criminal Procedure Code 2015 (amended in 2021, a criminal charge shall not be filed in the presence of one of these justifications:

- Criminal acts do not exist;

- Acts do not constitute crime;

- Persons committing dangerous acts against the society have not reached the age of criminal responsibility;

- Persons whose criminal acts have been sentenced or lawsuits have been dismissed validly;

- The prescriptive period for criminal prosecution passes;

- General amnesty has been granted;

- The person causing peril against the society is deceased, unless other persons must undergo reopening procedure;

- The crime victim or its representative does not petition for charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 of the Criminal Code.

2. Authority to press criminal charges in Vietnam

Pursuant to Article 153 of the Criminal Procedure Code 2015, the authority to press criminal charges is stipulated as follows:

- 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.

3. Regulations on decision to press criminal charges in Vietnam

According to Article 154 of the Criminal Procedure Code 2015, regulations on decision to press criminal chargess are as follows:

- 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.

4. Regulations on decision not to press or to drop criminal charges in Vietnam

According to Article 158 of the Criminal Procedure Code 2015, regulations on decision not to press or to drop criminal charges in Vietnam are as follows:

- When one of the justifications as stated in Article 157 of the Criminal Procedure Code 2015 exists, the individuals authorized to press charges shall decide not to file or to drop criminal charges, if filed, and send notices of reasons to the authority or entities making denunciations, disclosing criminal information or requisition charges.

If different measures are deemed necessary, the case shall be transferred to competent authorities for settlement.

A decision not to press or to drop criminal charges and relevant documents, in 24 hours upon the issuance of such decision, must be sent to the equivalent or competent Procuracy.

- The authority or entities making denunciations or disclosing criminal information are permitted to file complaints against the decision not to press criminal charges. The authority and procedures for the settlement of such complaints are defined in Chapter XXXIII of the Criminal Procedure Code 2015.

Ho Quoc Tuan

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