According to Vietnamese law, is there a time limit for investigation in criminal cases?
In Vietnam, is there a time limit for investigating criminal cases? How is the People's Procuracy's authority to extend the investigation period regulated in Vietnam? Please advise the above.
<subquestion>In Vietnam, is there a time limit for investigating criminal cases?</subquestion>
Pursuant to Clause 1, Clause 2, Article 172 of the 2015 Criminal Procedure Code, the time limit for investigation is as follows:
1. The time limit for investigating a criminal case shall not exceed 02 months for less serious crimes, not more than 03 months for serious crimes, and not more than 04 months for very serious crimes and particularly serious crimes. from the initiation of the case to the end of the investigation.
2. In case the investigation extension is required due to the complicated nature of the case, at least 10 days before the expiration of the investigation time limit, the investigating authority must send a written request to the Procuracy to extend the investigation.
The extension of the investigation is prescribed as follows:
- For less serious crimes, the investigation period may be extended once for no more than 2 months;
- For serious crimes, the investigation period may be extended twice, the first time for no more than 3 months and the second time for no more than 2 months;
- For very serious crimes, the investigation period may be extended twice, each time not exceeding 04 months;
- For particularly serious crimes, the investigation period may be extended three times, each time not exceeding 04 months.
Thus, the time limit in criminal investigation is still regulated, depending on the nature of the complexity, but the extension time is also different.
<subquestion>How is the People's Procuracy's authority to extend the investigation period regulated in Vietnam?</subquestion>
Pursuant to Clause 5, Article 172 of the above document, the authority is as follows:
5. The Procuracy's authority to extend the investigation time limit:
- For less serious crimes, the district-level People's Procuracy and regional military procuracies shall extend the investigation period. In case the case is accepted and investigated by the provincial-level investigation agency or military zone-level investigation agency, the provincial-level People's Procuracy and military zone-level military procuracies shall extend the investigation time limit;
- For serious crimes, the district-level People's Procuracy and regional military procuracies shall extend the first and second investigation. In case the case is accepted and investigated by the provincial-level investigating agency or military zone-level investigating agency, the provincial-level People's Procuracy and military zone-level military procuracies shall extend the investigation time limit for the first and second times. two;
- For very serious crimes, the district-level People's Procuracy and regional military procuracies shall extend the investigation time limit for the first time; The People's Procuracy of the province and the Military Procuracy of the military zone shall extend the investigation period for the second time. In case the case is accepted and investigated by the provincial-level investigating agency or military zone-level investigating agency, the provincial-level People's Procuracy and military zone-level military procuracies shall extend the investigation time limit for the first and second times. two;
- For particularly serious crimes, the provincial-level People's Procuracy and military zone-level military procuracies shall extend the first and second investigation; The Supreme People's Procuracy and the Central Military Procuracy extended the investigation period for the third time.
