VIETNAMESE CRIMINAL PROCEDURE CODE - Part One GENERAL PROVISIONS - CHAPTER VI DETERRENT MEASURES








	
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PART ONE GENERAL PROVISIONS
CHAPTER I TASKS AND EFFECT OF THE CRIMINAL PROCEDURE CODE
Article 1.- Tasks of the Criminal Procedure Code
Article 2.- Effect of the Criminal Procedure Code
CHAPTER II FUNDAMENTAL PRINCIPLES
Article 3.- Guarantee of the socialist legislation in the criminal procedure
Article 4.- Respect for, and defense of, fundamental rights of citizens
Article 5.- Guarantee of all citizens right to equality before law
Article 6.- Guarantee of citizens right to body inviolability
Article 7.- Protection of life, health, honor, dignity and property of citizens
Article 8.- Guarantee of the citizens right to residence inviolability, safety and confidentiality of correspondence, telephone conversations and telegraphs
Article 9.- No person shall be considered guilty until a court judgment on his/her criminality takes legal effect
Article 10.- Determination of facts of criminal cases
Article 11.- Guarantee of the right to defense of detainees, accused and defendants
Article 12.- Responsibilities of procedure-conducting bodies and persons
Article 13.- Responsibility to institute and handle criminal cases
Article 14.- Guarantee of the impartiality of persons conducting or participating in the procedure
Article 15.- Implementation of the regime of trial with the participation of jurors
Article 16.- Judges and jurors conduct trial independently and abide by law only
Article 17.- Courts conduct trial collectively
Article 18.- Public trial
Article 19.- Guarantee of equal right before court
Article 20.- To implement the two-level trial regime
Article 21.- Trial supervision
Article 22.- Guarantee of the validity of court judgments and decisions
Article 23.- Exercise of the right to prosecute and supervise law observance in the criminal procedure
Article 24.- Spoken and written language used in the criminal procedure
Article 25.- Responsibilities of organizations and citizens in the struggle to prevent and fight crimes
Article 26.- Coordination between State agencies and procedure-conducting bodies
Article 27.- Detection and remedy of causes and conditions for crime commission
Article 28.- Settlement of civil matters in criminal cases
Article 29.- Guarantee of the right to damage compensation and restoration of honor and interests of unjustly handled persons
Article 30.- Guarantee of the right to damage compensation of persons suffering from damage caused by the criminal procedure-conducting bodies or persons
Article 31.- Guarantee of the right to complain and denounce in the criminal procedure
Article 32.- Supervision by agencies, organizations and people-elected deputies of activities of the procedure-conducting bodies and persons
CHAPTER III PROCEDURE-CONDUCTING BODIES, PROCEDURE-CONDUCTING PERSONS AND THE CHANGE OF PROCEDURE-CONDUCTING PERSONS
Article 33.- Procedure-conducting bodies and procedure-conducting persons
Article 34.- Tasks, powers and responsibilities of heads and deputy heads of investigating bodies
Article 35.- Tasks, powers and responsibilities of investigators
Article 36.- Tasks, powers and responsibilities of chairmen, vice-chairmen of procuracies
Article 37.- Tasks, powers and responsibilities of procurators
Article 38.- Tasks, powers and responsibilities of presidents, vice-presidents of courts
Article 39.- Tasks, powers and responsibilities of judges
Article 40.- Tasks, powers and responsibilities of jurors
Article 41.- Tasks, powers and responsibilities of court clerks
Article 42.- Cases of refusal or change of procedure-conducting persons
Article 43.- Right to request to change procedure-conducting persons
Article 44.- Change of investigators
Article 45.- Change of procurators
Article 46.- Change of judges, jurors
Article 47.- Change of court clerks
CHAPTER IV
PARTICIPANTS IN THE PROCEDURE
Article 48.- Persons held in custody
Article 49.- The accused
Article 50.- Defendants
Article 51.- Victims
Article 52.- Civil plaintiffs
Article 53.- Civil defendants
Article 54.- Persons with interests and obligations related to criminal cases
Article 55.- Witnesses
Article 56.- Defense counsels
Article 57.- Selection and change of defense counsels
Article 58.- Rights and obligations of defense counsels
Article 59.- Defense counsels of interests of involved parties
Article 60.- Experts
Article 61.- Interpreters
Article 62.- Responsibility to explain and guarantee the exercise of the rights and the performance of obligations of participants in the procedure
CHAPTER V EVIDENCES
Article 63.- Matters to be proved in criminal cases
Article 64.- Evidences
Article 65.- Collection of evidences
Article 66.- Evaluation of evidences
Article 67.- Statements of witnesses
Article 68.- Statements of victims
Article 69.- Statements of civil plaintiffs, civil defendants
Article 70.- Statements of persons with interests and obligations related to criminal cases
Article 71.- Statements of arrestees, persons in custody
Article 72.- Statements of the accused or defendants
Article 73.- Expertise conclusions
Article 74.- Exhibits
Article 75.- Collection and preservation of exhibits
Article 76.- Handling of exhibits
Article 77.- Minutes of investigating and adjudicating activities
Article 78.- Other documents and objects in criminal cases
CHAPTER VI DETERRENT MEASURES
Article 79.- Grounds for application of deterrent measures
Article 80.- Arresting the accused or defendants for temporary detention
Article 81.- Arresting persons in urgent cases
Article 82.- Arresting offenders red-handed or wanted offenders
Article 83.- Actions to be taken promptly after arresting persons or receiving arrestees
Article 84.- Arrest minutes
Article 85.- Notices on arrests
Article 86.- Custody
Article 87.- Custody time limits
Article 88.- Temporary detention
Article 89.- Regime of custody and temporary detention
Article 90.- Care of relatives and preservation of properties of persons in custody or temporary detention
Article 91.- Ban from travel outside one’s residence place
Article 92.- Guarantee
Article 93.- Depositing money or valuable property as bail
Article 94.- Cancellation or replacement of deterrent measures
CHAPTER VII MINUTES, TIME LIMITS, LEGAL COSTS
Article 95.- Minutes
Article 96.- Calculation of time limits
Article 97.- Restoration of time limits
Article 98.- Legal costs
Article 99.- Responsibility to incur legal costs

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CHAPTER VI DETERRENT MEASURES


Article 79.- Grounds for application of deterrent measures

In order to stave off crimes in time or when there are grounds proving that the accused or defendants would cause difficulties to the investigation, prosecution or adjudication, or they would continue committing offenses, as well as when it is necessary to secure the judgment execution, the investigating bodies, procuracies or courts, within the scope of their procedural jurisdiction, or competent persons defined by this Code may apply one of the following deterrent measures: arrest, custody, temporary detention, ban from travel outside one’s residence, guaranty, deposit of money or valuable property as bail.


Article 80.- Arresting the accused or defendants for temporary detention

1. The following persons shall have the right to order the arrest of the accused or defendants for temporary detention:

a/ Chairmen and vice- chairmen of people’s procuracies and military procuracies at all levels;

b/ Presidents, vice-presidents of people’s courts and military courts at all levels;

c/ Judges holding the post of president or vice-president of the Court of Appeal of the Supreme People’s Court; trial panels;

d/ Heads, deputy heads of investigating bodies at all levels. In this case, arrest warrants must be approved by the procuracies of the same level before they are executed.

2. An arrest warrant must be clearly inscribed with the date, full name and post of the warrant issuers, the full name, address of the arrestee and the reason for the arrest. Arrest warrants must be signed by the issuers and stamped.

The executors of arrest warrants must read the warrants, explain the warrants, rights and obligations of the arrestees, and make minutes of the arrests.

When arresting persons at their residences, representatives of the commune, ward or township administrations and the neighbors of the arrestees must be present as witnesses. When arresting persons at their working places, representatives of the agencies or organizations where such persons work must be present as witnesses. When arresting persons at other places, representatives of the commune, ward or township administrations of the places where the arrests are made must be present as witnesses.

3. It is forbidden to arrest persons at night, except for cases of urgent arrest, arrest of offenders red-handed or arrest of wanted persons as prescribed in Article 81 and Article 82 of this Code.


Article 81.- Arresting persons in urgent cases

1. In the following cases, urgent arrests can be made:

a/ When there exist grounds to believe that such persons are preparing to commit very serious or exceptionally serious offenses;

b/ When victims or persons present at the scenes where the offenses occurred saw with their own eyes and confirmed that such persons are the very ones who committed the offenses and it is deemed necessary to immediately prevent such persons from escaping;

c/ When traces of offenses are found on the bodies or at the residences of the persons suspected of having committed the offenses and it is deemed necessary to immediately prevent such persons from escaping or destroying evidences.

2. The following persons shall have the right to order the arrest of persons in urgent cases:

a/ Heads, deputy heads of investigating bodies at all levels;

b/ Commanders of independent military units of the regiment or equivalent level; commanders of border posts in islands or border areas;

c/ Commanders of aircraft, sea-going ships which have left airports or seaports.

3. The contents of arrest warrants in urgent cases and the execution thereof must comply with the provisions of Clause 2, Article 80 of this Code.

4. In all cases, the urgent arrests must be immediately notified in writing to the procuracies of the same level, enclosed with documents related to the urgent arrests, for consideration and approval.

The procuracies must closely supervise the grounds for urgent arrest prescribed in this Article. In case of necessity, the procuracies must meet and question the arrestees in person before considering and deciding to approve or not to approve the arrests.

Within 12 hours after receiving the requests for approval of, and documents related to, the urgent arrests, the procuracies must issue decisions to approve or not to approve such arrests. If the procuracies decide not to approve the arrests, the issuers of arrest warrants must immediately release the arrestees.


Article 82.- Arresting offenders red-handed or wanted offenders

1. For persons who are detected or chased while committing offenses or immediately after having committed offenses as well as for wanted persons, any persons shall have the right to arrest and take them to the police agencies, procuracies or People’s Committees at the nearest places. These agencies must make minutes thereof and immediately take the arrestees to the competent investigating bodies.

2. When arresting offenders red-handed or wanted persons, any persons shall have the right to deprive the arrestees of their weapons and/or dangerous tools.


Article 83.- Actions to be taken promptly after arresting persons or receiving arrestees

1. Immediately after arresting persons in urgent cases or offenders red-handed or receiving such arrestees, the investigating bodies must take their statements and must, within 24 hours, issue decisions to keep the arrestee in custody or release them.

2. For arrestees being wanted persons, after taking their statements, the investigating bodies that have received them must immediately notify such to the bodies which have issued the pursuit decisions for coming to receive the arrestees.

After receiving the arrestees, the bodies which have issued the pursuit decisions must immediately issue decisions to cease the pursuit. In cases where the investigating bodies which have received the arrestees deem that the bodies which have issued the pursuit decisions cannot immediately come to receive the arrestees, they shall, after taking their statements, immediately issue custody decisions and at the same time immediately notify such to the agencies which have issued the pursuit decisions.

After receiving the notices, the agencies which have issued the pursuit decisions and have jurisdiction to arrest persons for temporary detention must immediately issue temporary detention warrants and send them, after being approved by the procuracies of the same level, to the investigating bodies which have received the arrestees. After receiving the temporary detention warrants, the investigating bodies which have received the arrestees shall have to escort such persons to the nearest temporary detention centers.


Article 84.- Arrest minutes

1. The persons executing arrest warrants must make minutes in all cases.

A minutes must clearly state the date, hour and place of arrest, minute-making place; actions already taken, the developments when the arrest warrant is being executed, objects and documents seized and complaints of the arrestee.

The minutes must be read to the arrestee and witnesses. The arrestee, the executor of the arrest warrant and witnesses must all sign the minutes, if any of them holds opinions different from or disagrees with the minutes’ contents, he/she shall have the right to write such in the minutes and sign.

The seizure of articles and documents of the arrestees must comply with the provisions of this Code.

2. When delivering and receiving the arrestees, the delivering and receiving parties must make the minutes thereof.

Apart from the points stated in Clause 1 of this Article, the delivery and receipt minutes must clearly state the handing of the minutes of the statements, objects and documents already collected, the health conditions of the arrestees and all happenings at the time of the delivery and receipt.


Article 85.- Notices on arrests

The arrest warrant issuers and the arrestee-receiving investigating bodies must immediately notify the arrests to the arrestees’ families, the administrations of the communes, wards or townships where the arrestees reside or the agencies or organizations where they work. If such notification can impede the investigation, after the impediment no longer exists, the arrest warrant issuers or the arrestee-receiving investigating bodies must immediately effect such notification.


Article 86.- Custody

1. Custody may apply to persons arrested in urgent cases, offenders caught red-handed, offenders who confessed or surrendered themselves or persons arrested under pursuit warrants.

2. The persons with the right to issue urgent arrest warrants, who are defined in Clause 2, Article 81 of this Code, and regional coast guard commanders shall have the right to issue custody decisions.

The executors of custody decisions must explain to the persons kept in custody their rights and obligations defined in Article 48 of this Code.

3. Within 12 hours after their issuance, the custody decisions must be sent to the procuracies of the same level. If deeming that the custody is ungrounded or unnecessary, the procuracies shall issue decisions to cancel the custody decisions and the custody decision issuers must immediately release the persons kept in custody.

Custody decisions must clearly state the custody reasons and the custody expiry dates, and one copy must be handed to the persons kept in custody.


Article 87.- Custody time limits

1. The custody time limit must not exceed three days, counting from the time the investigating bodies receive the arrestees.

2. In case of necessity, the custody decision issuers may extend the custody time limit but for no more than three days. In special cases, the custody decision issuers may extend the custody time limit for the second time but for no more than three days. All cases of extension of the custody time limit must be approved by the procuracies of the same level; within 12 hours after receiving the extension requests and documents related to the custody time limit extension, the procuracies must issue decisions to approve or disapprove such requests.

3. In the custody period, if there are insufficient grounds to initiate criminal proceedings against the accused, the persons kept in custody must be released immediately.

4. The custody duration shall be subtracted from the temporary detention duration. A custody day shall be counted as one temporary detention day.


Article 88.- Temporary detention

1. Temporary detention may apply to the accused or defendants in the following cases:

a/ The accused or defendants have committed especially serious offenses or very serious offenses.

b/ The accused or defendants have committed serious or less serious offenses punishable under the Penal Code by imprisonment for over two years and there are grounds to believe that they may escape or obstruct the investigation, prosecution or trial or may continue committing offenses.

2. The accused or defendants being women who are pregnant or nursing children aged under thirty six months, being old and feeble people, or suffering from serious diseases and having clear residences shall not be detained but be applied other deterrent measures, except for the following cases:

a/ The accused or defendants who escaped but then were arrested under pursuit warrants;

b/ The accused or defendants who were subject to other deterrent measures but then continue committing offenses or intentionally seriously obstruct the investigation, prosecution or adjudication;

c/ The accused or defendants who committed offenses of infringing upon national security and there are sufficient grounds to believe that if they are not detained, they shall be detrimental to national security.

3. The persons with competence to issue arrest warrants, who are defined in Article 80 of this Code, shall have the right to issue temporary detention warrants. Temporary detention warrants issued by the persons defined at Point d, Clause 1, Article 80 of this Code must be approved by the procuracies of the same level before being executed. Within three days after receiving the temporary detention warrants, requests for consideration and approval, files and documents related to the temporary detention, the procuracies must issue decisions to approve or disapprove the temporary detention. The procuracies must return the files to the investigating bodies immediately after finishing the consideration and approval.

4. The bodies which have issued the temporary detention warrants must examine the detainees’ identity cards and immediately notify such to their families and the administrations of the communes, wards or townships where such persons reside or agencies or organizations where they work.


Article 89.- Regime of custody and temporary detention

The regime of custody and temporary detention is different from the regime applicable to persons serving imprisonment penalties.

The temporary detention and custody places, the regimes of daily life, receipt of gifts, contact with families and other regimes shall comply with the regulations of the Government.


Article 90.- Care of relatives and preservation of properties of persons in custody or temporary detention

1. When the persons in custody or temporary detention have children aged under 14 years or relatives being disabled, old and feeble without anyone to look after, the bodies which have issued the custody decisions or temporary detention warrants shall assign such persons to their relatives for care. Where the persons in custody or temporary detention have no relatives, the bodies which have issued the custody decisions or temporary detention warrants shall assign such persons to the administrations of the places where they live for care.

2. In cases where the persons in custody or temporary detention have houses or other properties guarded or preserved by nobody, the bodies which have issued the custody decisions or temporary detention warrants shall apply appropriate guard or preservation measures.

3. The bodies which have issued the custody decisions or temporary detention warrants shall notify the persons in custody or temporary detention of the applied measures.


Article 91.- Ban from travel outside one’s residence place

1. Ban from travel outside one’s residence place is a measure applicable to the accused or defendants with clear residence places in order to ensure their appearance in response to the summonses of investigating bodies, procuracies or subpoenas of courts.

2. The persons defined in Clause 1, Article 80 of this Code, judges assigned to preside over court sessions shall have the right to order the ban from travel outside one’s residence place.

The accused or defendants must make written pledges not to travel outside their residence places, to appear on time and at the place stated in the summonses.

The persons who have ordered the ban from travel outside one’s residence place must notify the application of this measure to the administrations of the communes, wards or townships where the accused or defendants reside and assign the accused or defendants to the commune, ward or township administrations for management and supervision. Where the accused or defendants have plausible reasons to temporarily travel outside their residence places, they must obtain the consent of the administrations of the communes, wards or townships where they reside as well as permits of the bodies which have applied such deterrent measure.

3. The accused or defendants who violate the orders on ban from travel outside their residence places shall be subject to the application of other deterrent measures .


Article 92.- Guarantee

1. Guarantee is a deterrent measure to replace the temporary detention measure. Depending on the criminal acts’ nature and extent of danger to the society and the personal details of the accused or defendants, the investigating bodies, procuracies or courts may decide to let them be guaranteed.

2. Individuals who may stand guarantee for the accused or defendants are their relatives. For this case at least two persons are required. Organizations may stand guarantee for the accused or defendants being their members. When standing guarantee, individuals or organizations must make written pledges not to let the accused or defendants continue committing offenses and ensure their appearance in response to the summonses of the investigating bodies, procuracies or subpoenas of courts. When making such written pledges, the guaranteeing individuals or organizations shall be informed of the circumstances of the cases related to their guarantee.

3. The persons defined in Clause 1, Article 80 of this Code, judges assigned to preside over court sessions shall have the right to issue decisions on the guarantee.

4. Individuals standing guarantee for the accused or defendants must have good conduct and qualities, and have strictly observed law. The guarantee must be certified by the local administrations of the places where the guaranteeing persons reside or the agencies or organizations where they work. For organizations standing guarantee, the certification of their heads shall be required .

5. If guaranteeing individuals or organizations violate the pledged obligations, they must bear responsibility for such pledged obligations and in this case the guaranteed accused or defendants shall be subject to the application of other deterrent measures .


Article 93.- Depositing money or valuable property as bail

1. Depositing money or valuable property as bail is a deterrent measure to replace the temporary detention measure. Depending on the criminal acts’ nature and extent of danger to the society, personal details and property status of the accused or defendants, the investigating bodies, procuracies or courts may decide to allow them to deposit money or valuable property as security for their appearance in response to summonses.

2. The persons defined in Clause 1, Article 80 of this Code, judges assigned to preside over court sessions shall have the right to issue decisions on the deposit of money or property as bail. Decisions of the persons defined at Point d, Clause 1, Article 80 of this Code must be approved by the procuracies of the same level before being executed.

3. The bodies which have issued decisions on depositing money or valuable property as bail must make the minutes clearly stating the sum of money, names and conditions of property deposited, and hand one copy of the minutes to the accused or defendants.

4. Where the accused or defendants have been summoned by the investigating bodies, procuracies or courts but they do not appear without plausible reasons, the deposited money sum or property shall be forfeited into the State fund, and in this case other deterrent measures shall be applied to the accused or defendants.

Where the accused or defendants have fulfilled all pledged obligations, the procedure-conducting bodies shall have to return to them the deposited money sum or property.

5. The order, procedures, the money amounts or value of property required to be deposited as bail, the custody, return or non-return of the deposited money sums or property put as bail shall comply with law provisions.


Article 94.- Cancellation or replacement of deterrent measures

1. When the cases are ceased, all applied deterrent measures shall be canceled.

2. Investigating bodies, procuracies and courts shall cancel deterrent measures when they are deemed no longer needed or may be replaced by another one.

For deterrent measures which have been approved by the procuracies, the cancellation or replacement thereof must be decided by the procuracies.

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