What are cases of joinder or separation in cases during the stage of prosecution in Vietnam?

What are cases of joinder or separation in cases during the stage of prosecution in Vietnam? (Internet image)

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

1. What are cases of joinder or separation in cases during the stage of prosecution in Vietnam?

According to Article 242 of the Criminal Procedure Code 2015, regulations on joinder or separation in cases during the stage of prosecution are as follows:

- The procuracy shall decide to join issues into one case in the following events:

+ The suspect commits multiple crimes;

+ The suspect commits a crime in multiple times;

+ Several suspects commit one crime, or there are accomplices and accessories who conceal or fail to report the suspect or use property obtained by crime.

- When the lawsuit against the suspect is suspended, the Procuracy shall decide to separate issues from a case in the following events, if separation is deemed not to affect the determination of unbiased and comprehensive truths:

+ Suspects abscond;

+ Suspects suffer from fatal diseases;

+ Civil commitment is imposed on suspects.

2. Time limit for the issuance of decisions to prosecute in Vietnam

Time limit for the issuance of decisions to prosecute in Vietnam according to Article 240 of the Criminal Procedure Code 2015 is as follows:

- A Procuracy, in 20 days for misdemeanors and felonies or 30 days for horrific and extremely severe felonies upon receiving case files and written conclusion of investigation, must make one of the following decisions:

+ Prosecute suspects in a Court;

+ Return documents for further investigation;

+ Dismiss or adjourn the case; dismiss or adjourn lawsuits against suspects;

The head of The procuracy, when necessary, may extend the time limit for the issuance of a decision to prosecute for 10 more days for misdemeanors or felonies or 15 more days for horrific felonies or at most 30 more days for extremely severe felonies.

- The procuracy, in 03 days upon making one of the decisions as stated in Section 1 of Article 240 of the Criminal Procedure Code 2015, must inform suspects, their defense counsels or representatives and crime victims of the return of documents for further investigation.

Moreover, it shall in 03 days provide suspects or their representatives, investigation authorities and defense counsels with charging documents, decisions to adjourn or dismiss the case or lawsuit against suspects. Furthermore, it shall send notices to crime victims, litigants and protectors of their legitimate rights and benefits.

The delivery of the said documents shall be executed in writing according to Article 133 of the Criminal Procedure Code 2015 and be inputted in case files.

If the case is complex, the time limit for the delivery of charging documents and decisions on suspension or dismissal of the case to suspects or their representatives may be extended for 10 more days at most.

- The decisions as stated in Section 1 of Article 240 of the Criminal Procedure Code 2015, when made, must be promptly sent to the superior Procuracy. The head of the superior Procuracy shall be entitled to revoke, terminate or annul decisions deemed groundless or unlawful and to request the lower Procuracy to make lawful decisions.

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