Prosecution of a criminal case
The investigative agency is required to bring a criminal case when there are indications of a crime and there are reasons as defined in Article 100 of the Criminal Procedure Code.
Particularly in cases of rape, the investigating agency may only bring charges upon the request of the victim or the victim's legal representative if the victim is a minor or has a physical or mental impairment.
The investigating bodies must, within the scope of their responsibilities, examine and verify the sources of information and issue decisions to prosecute or decide not to prosecute a criminal case within a specified period of time after receiving denunciations, information on crimes, and recommendations for prosecution.
The time restriction for handling the denunciation and notification may be extended, but not beyond two months, if the incident, criminal information, or prosecution proposal requires inspection and verification at numerous sites or contains many complex elements.
According to the provisions of Clause 1, Article 110 of the Criminal Procedure Code, the investigating bodies in the People's Public Security shall investigate all crimes, except those which fall under the investigating competence of the investigating bodies in the People's Army and the Investigation Agency of the Supreme People's Procuracy.
The time limit for investigating criminal cases shall not exceed 2 months for less serious crimes, not more than 3 months for serious crimes, and not more than 4 months for very serious crimes and particularly serious crimes from the initiation of the case to the end of the investigation.
In case the investigation needs to be extended due to the complicated nature of the case, the extension of the investigation time limit depends on the type of crime.
The investigative agency must decide to prosecute the accused when there are sufficient grounds to conclude that a person has committed a crime.
According to the provisions of Article 166 of the Criminal Procedure Code, within 20 days for less serious crimes and serious crimes, 30 days for very serious crimes and especially serious crimes, counting From the date of receipt of the case file and the investigation conclusion, if it is determined that there is a crime and the accused, the Procuracy must issue a decision to prosecute the accused before the Court with an indictment.
In case of necessity, it can be extended depending on the type of crime.
First instance trial
Within 30 days for less serious crimes, 45 days for serious crimes, 2 months for very serious crimes, 3 months for particularly serious crimes, from the date of receipt of the case file. If there are enough grounds, the judge assigned to preside over the session will issue a decision to open the Court session.
Above is all information about the procedure for settling a criminal case in Vietnam.
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REGULATIONS ON MURDER IN VIETNAM (08.10.2022)