VIETNAMESE CRIMINAL PROCEDURE CODE - Part Two - INSTITUTION, INVESTIGATION - CHAPTER XV PROSECUTION DECISION








	
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PART TWO INSTITUTION, INVESTIGATION OF CRIMINAL CASES AND DECISION ON PROSECUTION
CHAPTER VIII INSTITUTION OF CRIMINAL CASES
Article 100.- Grounds for instituting criminal cases
Article 101.- Denunciations and information on offenses
Article 102.- Confession by offenders
Article 103.- Tasks of settling offence denunciations and information and proposals for institution of criminal cases
Article 104.- Decisions to institute criminal cases
Article 105.- Institution of criminal cases at victims’ requests
Article 106.- Change or supplementation of decisions to institute criminal cases
Article 107.- Grounds for not instituting criminal cases
Article 108.- Decisions not to institute criminal cases
Article 109.- Powers and responsibilities of procuracies in instituting criminal cases
CHAPTER IX GENERAL PROVISIONS ON INVESTIGATION
Article 110.- Investigating competence
Article 111.- Investigating powers of the border guard, customs, ranger, the coast guard forces and other agencies of the People’s Police or the People’s Army, which are assigned to conduct a number of investigating activities
Article 112.- Tasks and powers of procuracies in exercising the right to prosecute at the investigating stage
Article 113.- Tasks and powers of procuracies in supervising investigation
Article 114.- Responsibilities of investigating bodies in complying with requests and decisions of procuracies
Article 115.- Responsibilities to comply with decisions and requests of investigating bodies and procuracies
Article 116.- Transfer of cases for investigation according to competence
Article 117.- Joinder or separation of criminal cases for investigation
Article 118.- Entrustment of investigation
Article 119.- Investigation time limits
Article 120.- Time limits of temporary detention for investigation
Article 121.- Time limits for investigation resumption, additional investigation and re-investigation
Article 122.- Settlement of requests of participants in the procedure
Article 123.- Participation by witnesses
Article 124.- Non-disclosure of investigation secrets
Article 125.- Investigation minutes
CHAPTER X INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE ACCUSED AND INTERROGATION OF THE ACCUSED
Article 126.- Initiation of criminal proceedings against the accused
Article 127.- Change or supplementation of decisions to initiate criminal proceedings against the accused
Article 128.- Suspension of the accused from their current positions
Article 129.- Summoning of the accused
Article 130.- Escort of the accused on bail
Article 131.- Interrogation of the accused
Article 132.- Minutes of interrogation of the accused
CHAPTER XI TAKING STATEMENTS OF WITNESSES, VICTIMS, CIVIL PLAINTIFFS, CIVIL DEFENDANTS, PERSONS WITH INTERESTS AND OBLIGATIONS RELATED TO THE CASES, CONFRONTATION AND IDENTIFICATION
Article 133.- Summoning of witnesses
Article 134.- Escort of witnesses
Article 135.- Taking statements of witnesses
Article 136.- Minutes of witnesses’ statements
Article 137.- Summoning, and taking statements of, victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases
Article 138.- Confrontation
Article 139.- Identification
CHAPTER XII SEARCH, FORFEITURE, SEIZURE, DISTRAINMENT OF PROPERTY
Article 140.- Grounds for body search, search of residences, working places, premises, objects, correspondence, telegraphs, postal parcels and matters
Article 141.- Competence to issue search warrants
Article 142.- Body search
Article 143.- Search of residences, working places, premises
Article 144.- Forfeiture of correspondence, telegraphs, postal parcels and matters at post offices
Article 145.- Seizure of objects and documents during a search
Article 146.- Distrainment of property
Article 147.- Responsibility to preserve objects, documents, correspondence, telegraphs, postal parcels and/or matters which are forfeited, seized or sealed up
Article 148.- Minutes of search, forfeiture, seizure of objects, documents, correspondence, telegraphs, postal parcels and matters
Article 149.- Responsibilities of issuers and executors of warrants to search, distrain property, forfeit or seize objects, documents, correspondence, telegraphs, postal parcels and matters
CHAPTER XIII SCENE EXAMINATION, AUTOPSY, EXAMINATION OF TRACES ON HUMAN BODIES, INVESTIGATION EXPERIMENTS, EXPERTISE
Article 150.- Scene examination
Article 151.- Autopsy
Article 152.- Examination of traces on human bodies
Article 153.- Investigation experiments
Article 154.- Minutes of scene examination, autopsy, examination of traces on human bodies and investigation experiments
Article 155.- Solicitation of expertise
Article 156.- Conducting expertise
Article 157.- Contents of expertise conclusions
Article 158.- Rights of the accused and participants in the procedure with regard to expertise conclusions
Article 159.- Additional expertise or re-expertise
CHAPTER XIV SUSPENSION OF INVESTIGATION AND TERMINATION OF INVESTIGATION
Article 160.- Suspension of investigation
Article 161.- Pursuit of the accused
Article 162.- Termination of investigation
Article 163.- Proposals for prosecution
Article 164.- Investigation cessation
Article 165.- Investigation resumption
CHAPTER XV PROSECUTION DECISION
Article 166.- Time limit for prosecution decision
Article 167.- Indictments
Article 168.- Return of files for additional investigation
Article 169.- Cessation or suspension of cases

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CHAPTER XV PROSECUTION DECISION


Article 166.- Time limit for prosecution decision

1. Within twenty days for less serious offenses and serious offenses, within thirty days for very serious offenses and especially serious offenses, after receiving the case files and investigation conclusion reports, the procuracies must issue one of the following decisions:

a/ To prosecute the accused before court by an indictment.

b/ To return the file for additional investigation;

c/ To cease or suspend the case.

In case of necessity, the procuracy chairmen may extend the time limits but for no more than ten days for less serious offenses and serious offenses, no more than fifteen days for very serious offenses, and no more than thirty days for especially serious offenses.

Within three days after issuing one of the above-said decisions, the procuracies must notify the accused and defense counsels thereof; and hand the indictments, decisions to cease the cases or decisions to suspend the cases to the accused. Defense counsels may read the indictments, take notes and copy documents in the case files related to the defense under the provisions of law and put forward requests.

2. After receiving the case files, the procuracies shall be entitled to decide to apply, change or cancel deterrent measures or to request the investigating bodies to pursue the accused. The temporary detention duration must not exceed the time limit prescribed in Clause 1 of this Article.

3. In case of prosecution, within three days after issuing the prosecution decisions in the form of indictment, the procuracies must send the files and indictments to the courts.

4. For cases not falling under their prosecuting competence, the procuracies shall immediately issue decisions to transfer them to the competent procuracies.


Article 167.- Indictments

1. An indictment must contain the date, hour and place of occurrence of the offense; trick, purpose and motive of the commission of the offense; its consequences and other important circumstances; evidences for determining the criminality of the accused, circumstances aggravating and extenuating the penal liability, personal details of the accused, and all other circumstances of significance to the case.

The indictment’s conclusion section shall clearly state the title of the offense committed and applicable articles and clauses of the Penal Code.

2. An indictment must contain the date of its making, full name, position and signature of its maker.


Article 168.- Return of files for additional investigation

The procuracies shall decide to return the files to the investigating bodies for additional investigation if they, through studying the case files, find out that:

1. Important evidences of the cases are insufficient, which the procuracies cannot supplement by themselves;

2. There are grounds to initiate criminal proceedings against the accused for other offenses or there are other accomplices;

3. There are serious violations of the criminal procedure.

The matters required to be additionally investigated must be clearly stated in the decisions requesting the additional investigation.


Article 169.- Cessation or suspension of cases

1. The procuracies shall issue decisions to cease the cases when there exists one of the grounds prescribed in Clause 2 of Article 105 and Article 107 of this Code or in Article 19, Article 25, and Clause 2 of Article 69 of the Penal Code.

2. The procuracies shall issue decisions to suspend the cases in the following cases:

a/ When the accused suffer from mental diseases or other dangerous ailments, which has been certified by the forensic examination councils;

b/ When the accused escape and their whereabouts are unknown; in this case, they must request the investigating bodies to pursue the accused.

3. If a case involves many accused while the grounds to cease or suspend the case are not related to all of them, the procuracies may cease or suspend the case for each of them.

4. In cases where the subordinate procuracies have issued ungrounded and illegal decisions to cease the cases, the chairmen of the superior procuracies shall have the right to cancel such decisions and request the subordinate procuracies to issue prosecution decisions.

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