What is exit restriction? What are the cases of exit restriction in Vietnam?

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

1. What is exit restriction?

exit restriction is one of the measures applied in criminal proceedings to promptly prevent crimes or when there are grounds to prove that the accused will cause difficulties in the investigation, prosecution and adjudication. trial or will continue to commit a crime or to secure the execution of a sentence under Article 109 of the Criminal Procedure Code 2015.

What is exit restriction? What are the cases of exit restriction in Vietnam? (Internet image)

2. Cases of exit restriction in Vietnam

According to Clause 1, Article 124 of the Criminal Procedure Code 2015, exit restriction may apply to the following persons when there are evident grounds that their exit from the country denotes evasion:

- Persons denounced or facing requisitions for charges are suspected of crimes according to sufficient grounds and must be detained from absconding or destroying evidences

- Suspects and defendants.

Note: Authorized individuals as defined in Section 1, Article 113 of the Criminal Procedure Code 2015, and Presiding judges are entitled to make decisions on exit restriction. Decisions on exit restriction made by individuals as defined in Point a, Section 1, Article 113 of the Criminal Procedure Code 2015 shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.

Exit restriction is a preventive measure applicable to persons whose extradition is requested to guarantee their presence as per a Court’s subpoenas according to the provisions of Clause 2, Article 504 of the 2015 Criminal Procedure Code.

The execution of exit restriction shall be governed by the Article 124 of Criminal Procedure Code 2015.

3. Time limit for exit restriction in Vietnam

Article 124, 504 the Criminal Procedure Code 2015 stipulates the time limit for exit restriction as follows:

- For the case where the offender is a Vietnamese citizen: The length of exit restriction time must not exceed the time limit for processing of criminal information, pressing of charges, investigation, prosecution and adjudication as per this Law.

Exit restriction time against persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of custodial sentence.

- For the case of persons whose extradition is requested to guarantee their presence: The time limit for exit restriction shall not exceed the time limit for the consideration of the request for extradition and time limit for appeals or protests against a decision to approve or reject extradition according to the laws on judicial assistance.

4. Authority to decide exit restriction in Vietnam

The following persons have the authority to decide to suspend exit:

-  Heads and vice heads of investigation authorities.

- Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;

- Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice court presidents of Courts-martial; trial panel.

- The judge presides over the trial.

(Based on Clause 1, Article 113, Article 124 of the Criminal Procedure Code 2015)

5. What are the cases of termination or alteration of preventive measures in Vietnam?

Pursuant to the provisions of Article 125 of the Criminal Procedure Code 2015, every preventive measure in effect must be terminated in one of the following events:

- Decision not to institute criminal proceedings;

- Terminate investigation and dismiss lawsuit;

- Terminate investigation and lawsuit against suspects;

- The Court declares a defendant not guilty, exempt from criminal liability, penalty or custodial sentence but imposes a suspended sentence or warning penalty, fine, non-custodial rehabilitation.

Investigation authorities, procuracies, and Courts shall terminate or replace preventive measures, if deemed superfluous, with other preventive measures.

The procuracy decides to terminate or replace preventive measures that it has approved during the stage of investigation. The authority requesting approval of a preventive measure excluding temporary detainment sanctioned by The procuracy, in 10 days prior to its loss of effect, must inform The procuracy of such expiration to have it terminated or replaced.

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