Procedures for processing denunciations, criminal information disclosed and requisitions for charges in Vietnam

Procedures for dealing with denunciations and information about crimes (Image from the internet)

Regarding this issue, LawNet responded as follows:

1. What are denunciations, criminal information disclosed and requisitions for charges?

According to Article 144 of the Criminal Procedure Code 2015, denunciations, criminal information disclosed and requisitions for charges are as follows:

Denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.

Criminal information disclosed refers to the data on activities denoting crimes as disclosed by authorities, organizations and individuals to competent authorities or the criminal information disclosed through mass media.

- Denunciations and reports of crimes can be verbal or in writing.

If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws.

2. Time limit and procedures for processing denunciations, criminal information disclosed and requisitions for charges in Vietnam

Time limit and procedures for processing denunciations, criminal information disclosed and requisitions for charges are prescribed as follows:

- Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue one of the following decisions:

+ Decision to press criminal charges;

+ Decision not to file criminal charges;

+ Decide to suspend the processing of denunciations, information and requisitions.

- If denunciations, criminal information disclosed or requisitions for charges contain complex facts or the verification of such information must be done in several locations, the time limit for processing such information may be extended but shall not exceed 02 months.

If activities of investigation and verification cannot end within the time limit as stated in this Section, the head of the equivalent Procuracy or competent Procuracy can sanction one extension of 02 months at most.

Investigation authorities and units assigned to investigate, in at most 05 days before the end of the time limit for investigation and verification, must send a written request for extension to the equivalent Procuracy or competent Procuracy.

- Competent authorities, when processing denunciations, information and requisitions, shall perform these activities:

+ Collect data, documents and items from relevant authorities and entities to verify the information;

+ Examine the scenes;

+ Conduct autopsy;

+ Requisition expert examinations and valuation.

- The sequence, formalities and time limit for the Procuracy's processing of denunciations, information and charge requests are governed by Article 147 of the Criminal Procedure Code 2015.

(Article 147 of the Criminal Procedure Code 2015)

3. Cases of suspension of the settlement of denunciations and information about crimes in Vietnam

Competent authorities, upon the expiration of the time limit as defined in Section 2 above, shall decide to suspend the processing of denunciations, information and charge requests in one of the following events:

- Expert examination, valuation and foreign judicial assistance have been requisitioned to no avail;

- Though authorities and entities have been asked to provide essential documents and items that lead to the decision to or not to press charges, nothing works.

- 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. (Clause 1, Article 148 of the Criminal Procedure Code 2015) 

(Clause 1, Article 148 of the Criminal Procedure Code 2015)

Nguyen Ngoc Que Anh

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