VIETNAMESE CRIMINAL PROCEDURE CODE - Part Two - INSTITUTION, INVESTIGATION OF CRIMINAL CASES AND DECISION ON PROSECUTION








	
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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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VIETNAMESE CRIMINAL PROCEDURE CODE
Part Two - INSTITUTION, INVESTIGATION OF CRIMINAL CASES AND DECISION ON PROSECUTION

Signature (d-m-y):26-11-2003


PART TWO INSTITUTION, INVESTIGATION OF CRIMINAL CASES AND DECISION ON PROSECUTION

CHAPTER VIII INSTITUTION OF CRIMINAL CASES

Article 100.- Grounds for instituting criminal cases

Criminal cases shall be instituted only when criminal signs have been identified. The identification of criminal signs shall be based on the following grounds:

1. Denunciations of citizens;

2. Information reported by agencies or organizations;

3. Information reported on the mass media;

4. Criminal signs directly detected by investigating bodies, procuracies, courts, border guard, customs, ranger, 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;

5. Confession by offenders.

Article 101.- Denunciations and information on offenses

Citizens may denounce offenses to investigating bodies, procuracies, courts or other bodies, organizations. If a denunciation is made orally, the receiving agency or organization must make a minutes thereof with the signature of the denouncer.

Agencies, organizations, when detecting or receiving denunciations of citizens, must promptly report such information in writing to the investigating bodies.

Article 102.- Confession by offenders

When offenders come to give confessions, the receiving agencies or organizations must make minutes thereof, clearly inscribing the full names, ages, occupations, residences and statements of the confessors. They shall have to immediately inform the investigating bodies or procuracies thereof.

Article 103.- Tasks of settling offence denunciations and information and proposals for institution of criminal cases

1. Investigating bodies and procuracies shall have the responsibility to receive all offense denunciations and information from individuals, agencies and organizations as well as criminal case institution proposals transferred by State agencies. Procuracies shall have the responsibility to immediately transfer offense denunciations and information and criminal case institution proposals enclosed with relevant documents they have received to competent investigating bodies.

2. Within twenty days after receiving offense denunciations, information, and/or criminal case institution proposals, the investigating bodies must, within the scope of their responsibilities, examine and verify the information sources and decide to institute or not to institute criminal cases.

In cases where the denounced events, offense information or criminal case institution proposals involve many complicated circumstances or where the examination and verification thereof must be conducted at many different places, the time limit for settling denunciations and information may be longer, but must not exceed two months.

3. The results of settlement of offense denunciations or information or criminal case institution proposals of State bodies must be sent to the procuracies of the same level and be notified to the reporting agencies, organizations or the offense denouncers.

The investigating bodies must apply necessary measures to protect the offense denouncers.

4. The procuracies shall have to supervise the settlement by the investigating bodies of offence denunciations and information or criminal case institution proposals.

Article 104.- Decisions to institute criminal cases

1, When determining that criminal signs have existed, the investigating bodies must issue decisions to institute criminal cases. The heads of border guard units, customs or ranger offices, the coast guard force and the heads of other agencies of the People’s Police or the People’s Army, which are assigned to conduct a number of investigating activities, shall issue decisions to institute criminal cases in the cases specified in Article 111 of this Code.

The procuracies shall issue decisions to institute criminal cases in cases where they cancel decisions not to institute criminal cases, which have been issued by the bodies stated in this Clause, and in cases where the trial panels request to institute the criminal cases.

The trial panels shall issue decisions to institute criminal cases or request the procuracies to institute criminal cases if they, in the course of trial at court sessions, detect new offenses or offenders required to be investigated.

2. Decisions to institute criminal cases must clearly state the time and grounds for institution, the applicable articles of the Penal Code, and the full names and positions of the decision issuers.

3. Within 24 hours after issuing decisions to institute criminal cases, the procuracies must send such decisions to the investigating bodies for investigation; institution decisions enclosed with documents related to the institution of criminal cases, which have been issued by the investigating bodies, border guard, customs and ranger, coast guard force, or other agencies of the People’s Police or the People’s Army, which are assigned to conduct a number of investigating activities, must be sent to the procuracies for procuration of the institution; institution decisions of the trial panels must be sent to the procuracies for consideration and decision on the investigation; institution requests of the trial panels shall be sent to the procuracies for consideration and decision on the institution.

Article 105.- Institution of criminal cases at victims’ requests

1. The cases involving the offenses prescribed in Clauses 1 of Articles 104, 105, 106, 108, 109, 111, 113, 121, 122, 131 and 171 of the Penal Code shall only be instituted at the requests of victims or lawful representatives of victims who are minors or persons with physical or mental defects.

2. In cases where the criminal case institution requesters withdraws their requests before the opening of court sessions of first-instance trial, the cases must be ceased.

Where exist grounds to determine that the institution requesters have withdrawn their requests against their own will due to force or coercion, the investigating bodies, procuracies or courts may, though such institution requesters have withdrawn their requests, still continue conducting the procedure for the cases.

Victims who have withdrawn their criminal case institution requests shall have no right to file their requests again, except for cases where their withdrawal is due to force or coercion.

Article 106.- Change or supplementation of decisions to institute criminal cases

1. When they have grounds to determine that the instituted criminal cases are not true to the committed criminal acts or there remain other offences, the investigating bodies or procuracies shall issue decisions to change or supplement the decisions to institute the criminal cases.

2. In cases where the investigating bodies decide to change or supplement the decisions to institute criminal cases, within 24 hours after issuing such decisions, the investigating bodies must send them to the procuracies for supervision of such institution.

Where the procuracies decide to change or supplement the decisions to institute criminal cases, within 24 hours after issuing such decisions, the procuracies must send them to the investigating bodies for investigation.

Article 107.- Grounds for not instituting criminal cases

Criminal cases shall not be instituted when one of the following grounds exists:

1. There is no offence;

2. The committed acts do not constitute an offence;

3. The persons committing acts dangerous to the society have not yet reached the age to bear penal liability;

4. The persons committing criminal acts have got the legally valid judgments or decisions to cease their cases.

5. The statute of limitations for penal liability examination has expired;

6. The offenses have been granted general amnesty;

7. The persons committing acts dangerous to the society are deceased, except for cases where the reopening review of the cases is required for other persons.

Article 108.- Decisions not to institute criminal cases

1. When there exists one of the grounds prescribed in Article 107 of this Code, the persons with competence to institute criminal cases shall issue decisions not to institute criminal cases; if they have instituted criminal cases, they must issue decisions to cancel such institution decisions and notify the offense-denouncing or reporting agencies, organizations or individuals of the reasons therefore; if deeming it necessary to handle the cases by other measures, they shall send the files thereof to the concerned agencies or organizations for settlement.

Within 24 hours after their issuance, decisions not to institute criminal cases, decisions to cancel decisions to institute criminal cases and related documents must be sent to the procuracies of the same level.

2. The agencies, organizations or individuals that have denounced or reported on the offenses shall have the right to complain about the decisions not to institute criminal cases. The competence and procedures for settling such complaints shall comply with the provisions of Chapter XXXV of this Code.

Article 109.- Powers and responsibilities of procuracies in instituting criminal cases

1. The procuracies shall exercise the right to prosecute and supervise the law observance in the institution of criminal cases, ensuring that criminal cases be instituted for all detected offenses and the institution of criminal cases be grounded and lawful.

2. In cases where the decisions to institute criminal cases, which are issued by investigating bodies, border guard, customs, ranger, the coast guard force, or other agencies of the People’s Police or the People’s Army, which are assigned to conduct a number of investigating activities, are ungrounded, the procuracies shall issue decisions to cancel such decisions; if the decisions not to institute criminal cases, which are issued by such agencies, are ungrounded, the procuracies shall cancel them and issue decisions to institute criminal cases.

3. Where the decisions to institute criminal cases, which are issued by the trial panels, are ungrounded, the procuracies shall file protests against them with the superior courts.

CHAPTER IX GENERAL PROVISIONS ON INVESTIGATION

Article 110.- Investigating competence

1. Investigating bodies of the People’s Police shall investigate all kinds of offenses, excluding ones falling under the investigating competence of the investigating bodies in the People’s Army or the investigating body of the Supreme People’s Procuracy.

2. Investigating bodies of the People’s Army shall investigate offenses falling under the adjudicating competence of military courts.

3. The investigating body of the Supreme People’s Procuracy shall investigate some kinds of offenses of infringing upon judicial activities, which are committed by officials of judicial bodies.

4. Investigating bodies shall have competence to investigate criminal cases of offenses occurring in their respective geographical areas. Where the places where the offenses were committed are unknown, the investigation thereof shall fall under the competence of the investigating bodies of the places where the offenses were detected or where the accused reside or are arrested.

The district-level investigating bodies, regional military investigating bodies shall investigate criminal cases of offenses falling under the adjudicating competence of the district-level people’s courts or regional military courts; the provincial-level and military zone-level military investigating bodies shall investigate criminal cases of offenses falling under the adjudicating competence of the provincial-level people’s courts or military zone-level military courts or cases falling under the investigating competence of the subordinate investigating bodies, which they deem it necessary to directly investigate. The central investigating body shall investigate criminal cases of especially serious and complicated offenses falling under the investigating competence of the provincial-level investigating bodies or military zone-level military investigating bodies, which they deem it necessary to directly investigate such cases.

5. The apparatus organization and specific competence of investigating bodies shall be provided for by the National Assembly Standing Committee.

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

1. When detecting criminal acts for which penal liability must be examined in their respective management domains, the border guard, customs, ranger and the coast guard forces shall have the competence:

a/ For less serious offenses committed by offenders who are caught red-handed , evidences and the offenders’ personal details are clear, to issue decisions to institute criminal cases and initiate criminal proceedings against the accused, conduct investigation and transfer the case files to the competent procuracies within twenty days after the date of issuing the decisions to institute criminal cases;

b/ For serious offenses, very serious offenses or especially serious offenses or less serious but complicated offenses, to issue decisions to institute criminal cases, conduct initial investigating activities and transfer the case files to competent investigating bodies within seven days after issuing the decisions to institute criminal cases.

2. In the People’s Police and the People’s Army, apart from the investigating bodies prescribed in Article 110 of this Code, if other agencies assigned to conduct a number of investigating activities detect cases showing criminal signs while performing their tasks, they shall have the right to institute criminal cases, conduct initial investigating activities and transfer the case files to competent investigating bodies within seven days after issuing the decisions to institute criminal cases.

3. When conducting investigating activities, the border guard, customs, ranger, the coast guard force, and other agencies of the People’s Police or the People’s Army, which are assigned to conduct a number of investigating activities, must, within the scope of their respective procedural competence, comply with the procedural principles, order and proceedings for investigating activities as prescribed by this Code. The procuracies shall have to supervise the law observance by these agencies in their investigating activities.

4. The specific tasks and powers of the border guard, customs, ranger, the coast guard force, and other agencies of the People’s Police or the People’s Army, which are assigned to conduct a number of investigating activities, in investigating activities shall be prescribed by the National Assembly Standing Committee.

Article 112.- Tasks and powers of procuracies in exercising the right to prosecute at the investigating stage

When exercising the right to prosecute at the investigating stage, the procuracies shall have the following tasks and powers:

1. To institute criminal cases, to initiate criminal proceedings against the accused; to request the investigating bodies to institute criminal cases or change the decisions to institute criminal cases or initiate criminal proceedings against the accused in accordance with this Code;

2. To set investigation requirements and request the investigating bodies to conduct investigation; when deeming it necessary, to directly conduct a number of investigating activities under the provisions of this Code;

3. To request the heads of investigating bodies to change investigators under the provisions of this Code; if the investigators’ acts show criminal signs, to institute criminal cases against such investigators;

4. To decide to apply, change or cancel arrest, custody, temporary detention and other deterrent measures; to decide to approve or disapprove the decisions of investigating bodies under the provisions of this Code. In case of disapproval, the disapproval decision must clearly state the reasons therefor;

5. To cancel ungrounded and illegal decisions of investigating bodies; to request the investigating bodies to pursue the accused;

6. To decide to prosecute the accused; to decide to cease or suspend criminal cases.

Article 113.- Tasks and powers of procuracies in supervising investigation

In performing the work of supervising the investigation, the procuracies shall have the following tasks and powers:

1. To supervise the institution of criminal cases, supervise investigating activities and the compilation of case files by investigating bodies;

2. To supervise the law observance by participants in the proceeding;

3. To settle disputes over the investigating competence;

4. To request the investigating bodies to remedy law violations in their investigating activities; to request investigating bodies to supply necessary documents on the law violations committed by investigators; to request the heads of investigating bodies to strictly handle the investigators who have committed law violations while conducting investigation;

5. To propose concerned agencies and organizations to apply measures to preclude offenses and law violations.

Article 114.- Responsibilities of investigating bodies in complying with requests and decisions of procuracies

Investigating bodies shall have to comply with the requests and decisions of procuracies. For requests and decisions prescribed at Points 4, 5 and 6, Article 112 of this Code, if disagreeing with them, the investigating bodies shall still have to execute them but have the right to make proposals to the immediate superior procuracies. Within twenty days after receiving the proposals of the investigating bodies, the immediate superior procuracies must consider and settle them and notify the settlement results to the proposing bodies.

Article 115.- Responsibilities to comply with decisions and requests of investigating bodies and procuracies

Decisions and requests of investigating bodies and procuracies at the stage of investigating criminal cases must be strictly complied with by agencies, organizations and citizens.

Article 116.- Transfer of cases for investigation according to competence

Where cases do not fall under their investigating competence, the investigating bodies shall propose the procuracies of the same level to issue decisions to transfer the cases to the competent investigating bodies for further investigation; within three days after receiving such proposals of the investigating bodies, the procuracies of the same level shall have to issue decisions to transfer the cases.

The transfer of cases outside the territories of provinces or centrally run cities or military zones shall be decided by the provincial-level procuracies or military zone-level military procuracies.

Article 117.- Joinder or separation of criminal cases for investigation

1. Investigating bodies may join in the same case for investigation several offenses committed by a person, several persons together committing an offense or offenders and other persons harboring or not denouncing the offenses as prescribed in Article 313 and Article 314 of the Penal Code.

2. Investigating bodies may only separate cases in case of extreme necessity when the investigation of all offenses cannot be completed early, provided that such separation would not affect the determination of the objective and comprehensive truths of the cases.

3. Decisions to join or separate criminal cases must be sent to the procuracies of the same level within 24 hours after their issuance.

Article 118.- Entrustment of investigation

In case of necessity, investigating bodies may entrust other investigating bodies to conduct a number of investigating activities. Investigation entrustment decisions must clearly state the specific requirements. The entrusted investigating bodies shall have to perform fully the entrusted work within the time limits set by the entrusting investigating bodies.

Article 119.- Investigation time limits

1. The time limits for investigating criminal cases shall not exceed two months for less serious offenses, not exceed three months for serious offenses, not exceed four months for very serious offenses and especially serious offenses, counting from the time of institution of criminal cases to the time of termination of investigation.

2. In case of necessity to prolong investigation due to the complexity of the cases, at least ten days before the expiry of the investigation time limit, the investigating bodies must request in writing the procuracies to extend the investigation time limit.

The extension of investigation time limits is prescribed as follows:

a/ For less serious offenses, the investigation time limit may be extended once for no more than two months;

b/ For serious offenses, the investigation time limit may be extended twice, for no more than three months for the first time and no more than two months for the second time;

c/ For very serious offenses, the investigation time limit may be extended twice, for no more than four months each;

d/ For especially serious offenses, the investigation time limit may be extended three times, for no more than four months each.

3. The competence of procuracies to extend investigation time limits is prescribed as follows:

a/ For less serious offenses, the district-level people’s procuracies or regional Military Procuracies shall extend investigation time limits. Where the cases are received for investigation at the provincial or military-zone level, the provincial-level people’s procuracies or military zone-level military procuracies shall extend investigation time limits;

b/ For serious offenses, the district-level people’s procuracies or regional military procuracies shall extend investigation time limits for the first time and the second time. Where the cases are received for investigation at the provincial or military-zone level, the provincial-level people’s procuracies or military zone level military procuracies shall extend investigation time limits for the first time and the second time;

c/ For very serious offenses, the district-level people’s procuracies or regional military procuracies shall extend investigation time limits for the first time; the provincial-level people’s procuracies or the military zone-level military procuracies shall extend investigation time limits for the second time. Where the cases are received for investigation at the provincial or military-zone level, the provincial-level people’s procuracies or military zone-level military procuracies shall extend investigation time limits for the first time and the second time.

d/ For especially serious offenses, the provincial-level people’s procuracies or military zone level military procuracies shall extend investigation time limits for the first time and the second time; the Supreme People’s Procuracy or the central Military Procuracy shall extend investigation time limits for the third time

4. Where the cases are received for investigation at the central level, the extension of investigation time limits shall fall under the competence of the Supreme People’s Procuracy or the central Military Procuracy.

5. For especially serious offenses for which the extended investigation time limit has expired but, due to the very complicated nature of the cases, the investigation cannot be completed, the Chairman of the Supreme People’s Procuracy may extend the investigation time limit once for no more than four months.

For the offenses of infringing upon national security, the Chairman of the Supreme People’s Procuracy shall have the right to extend the investigation time limit once more for no more than four months.

6. Upon the expiry of the extended investigation time limit but it is impossible to prove the accused to have committed the offenses, the investigating bodies must issue decisions to cease the investigation.

Article 120.- Time limits of temporary detention for investigation

1. The time limit of temporary detention of the accused for investigation shall not exceed two months for less serious offenses, not exceed three months for serious offenses, not exceed four months for very serious offenses and especially serious offenses.

2. Where the cases involving many complicated circumstances and it is deemed that the investigation should take a longer time and there exists no ground to change or cancel the temporary detention measure, at least ten days before the temporary detention time limit expires, the investigating bodies must send written requests to the procuracies to extend the such temporary detention time limit.

The extension of temporary detention time limits is prescribed as follows:

a/ For less serious offenses, the temporary detention time limit may be extended once for no more than one month;

b/ For serious offenses, the temporary detention time limit may be extended twice, for no more than two months for the first time and no more than one month for the second time;

c/ For very serious offenses, the temporary detention time limit may be extended twice, for no more than three months for the first time and no more than two months for the second time;

d/ For especially serious offenses, the temporary detention time limit may be extended three times, for no more than four months each.

3. The competence of procuracies to extend temporary detention time limits is prescribed as follows:

a/ The district-level people’s procuracies or regional military procuracies shall have the right to extend temporary detention time limits for less serious offenses, extend temporary detention time limits for the first time for serious offenses and very serious offenses. Where the cases are received for investigation at the provincial or military-zone level, the provincial-level people’s procuracies or military zone-level military procuracies shall have the right to extend temporary detention time limits for less serious offenses, extend temporary detention time limits for the first time for serious offenses, very serious offenses and especially serious offenses.

b/ In cases where the first-time extended temporary detention time limits prescribed at Point a of this Clause have expired but the investigation cannot be completed and there emerges no ground to change or cancel the temporary detention measure, the district-level people’s procuracies or the regional military procuracies may extend the temporary detention time limits for the second time for serious offenses. The provincial-level people’s procuracies or military zone-level military procuracies may extend temporary detention time limits for the second time for serious offenses, very serious offenses or especially serious offenses.

4. Where the cases are received for investigation at the central level, the extension of temporary detention time limits shall fall under the competence of the Supreme People’s Procuracy or the Central Military Procuracy.

5. For especially serious offenses, in cases where the second-time extended temporary detention time limits prescribed at Point b, Clause 3 of this Article have expired and the cases involve many very complicated circumstances while there emerges no ground to change or cancel the temporary detention measure, the Chairman of the Supreme People’s Procuracy may extend the temporary detention time limits for the third time.

In case of necessity for offenses of infringing upon national security, the Chairman of the Supreme People’s Procuracy may extend the temporary detention time limits once more for no more than four months.

6. When keeping persons in temporary detention, if deeming it unnecessary to continue the temporary detention, the investigating bodies must propose in time the procuracies to cancel the temporary detention in order to release the detainees or shall, if deeming it necessary, apply other deterrent measures.

Upon the expiry of the temporary detention time limits, the temporary detention order issuers must release the detainees or shall, if deeming it necessary, apply other deterrent measures.

Article 121.- Time limits for investigation resumption, additional investigation and re-investigation

1. In case of investigation resumption prescribed in Article 165 of this Code, the time limit for further investigation shall not exceed two months for less serious offenses, serious offenses or very serious offenses, not exceed three months for especially serious offenses, counting from the time of issuance of the investigation resumption decisions to the time of termination of investigation.

Where it is necessary to extend investigation time limits due to the complicated nature of the cases, at least ten days before the investigation time limits expire, the investigating bodies must send written requests to the procuracies to extend the investigation time limits. The extension of investigation time limits is prescribed as follows:

a/ For serious offenses and very serious offenses, the investigation time limit may be extended once for no more than two months.

b/ For especially serious offenses, the investigation time limit may be extended once for no more than three months.

The competence to extend investigation time limits for each kind of offense shall comply with the provisions of Clause 3, Article 119 of this Code.

2. Where the cases are returned by the procuracies for additional investigation, the time limit for additional investigation shall not exceed two months; if the cases are returned by courts for additional investigation, the time limit for additional investigation shall not exceed one month. The procuracies or courts may only return the case files for additional investigation for no more than twice. The time limit for additional investigation shall be counted from the date the investigating bodies receive back the case files and investigation requests.

3. Where the cases are returned for re-investigation, the investigation time limit and the extension thereof shall comply with the general procedures prescribed in Article 119 of this Code.

The investigation time limit shall be counted from the time when the investigating bodies receive the files and re-investigation requests.

4. When resuming investigation, conducting additional investigation or re-investigation, the investigating bodies shall have the right to apply, change or cancel the deterrent measures under the provisions of this Code.

In cases where there exist grounds prescribed by this Code for temporary detention, the temporary detention time limit for investigation resumption or additional investigation must not exceed the time limit for investigation resumption or additional investigation prescribed in Clause 1 and Clause 2 of this Article.

The temporary detention time limit and the extension thereof in the cases of re-investigation shall comply with general procedures prescribed in Article 120 of this Code.

Article 122.- Settlement of requests of participants in the procedure

When participants in the procedure make requests on matters related to the cases, the investigating bodies or procuracies shall, within the scope of their respective responsibilities, settle their requests and inform them of the settlement results. If rejecting such requests, the investigating bodies or procuracies must reply, clearly stating the reasons therefor.

If disagreeing with the settlement results of the investigating bodies or procuracies, participants in the procedure shall have the right to complain. Complaints and the settlement thereof shall comply with the provisions of Chapter XXXV of this Code.

Article 123.- Participation by witnesses

Witnesses shall be invited to participate in investigating activities in the cases prescribed by this Code.

Witnesses shall have the duty to confirm the contents and results of the work performed by investigators in their presence and may present their personal opinions. These opinions shall be recorded in the minutes.

Article 124.- Non-disclosure of investigation secrets

In case of necessity to keep investigation secrets, investigators and procurators must notify in advance the participants in the procedure and witnesses not disclose investigation secrets. Such notification must be recorded in the minutes.

Investigators, procurators, participants in the procedure or witnesses who disclose investigation secrets shall, on a case-by-case basis, bear penal liability under Articles 263, 264, 286, 287, 327 and 328 of the Penal Code.

Article 125.- Investigation minutes

1. In conducting investigation, the minutes thereof must be made according to Article 95 of this Code.

Investigators who have made the minutes must read them to the participants in the procedure, explain to them the right to supplement and give comments on the minutes. Such comments shall be recorded in the minutes. Participants in the procedure and investigators shall all sign the minutes.

2. Where the participants in the procedure refuse to sign the minutes, such refusal must be written in the minutes with reasons therefor clearly stated.

3. If the participants in the procedure, for their physical or mental defects or other reasons, cannot sign the minutes, such reasons must be clearly recorded in the minutes and confirmed jointly by investigators and witnesses.

Illiterate persons may put their fingerprints on the minutes.

CHAPTER X INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE ACCUSED AND INTERROGATION OF THE ACCUSED

Article 126.- Initiation of criminal proceedings against the accused

1. When having sufficient grounds to determine that persons have committed criminal acts, the investigating body shall issue decisions to initiate criminal proceedings against the accused.

2. A decision to initiate criminal proceedings against the accused shall contain the time and place of its issuance; full name and position of its issuer; full name, birth date, occupation and family conditions of the accused; which offense the accused is charged with, under which articles of the Penal Code; time and place of commission of the offense, and other circumstances of the offense.

If the accused is charged with many different offenses, the decision to initiate criminal proceedings against him/her must contain the title of each offense and the applicable articles of the Penal Code.

3. After initiating proceedings against the accused, investigating bodies must take photographs and compile personal records of the accused and put them in the case files.

4. Within 24 hours after issuing the decisions to initiate criminal proceedings against the accused, the investigating bodies must send them to the procuracies of the same level for consideration and approval. Within three days after receiving such decisions, the procuracies must issue decisions to approve or cancel them and immediately send their decisions to the investigating bodies.

5. Where they detect that there are offenders against whom criminal proceedings have not yet been initiated, the procuracies shall request the investigating bodies to issue the decisions to initiate criminal proceedings against such offenders.

After receiving the files and investigation conclusions, if the procuracies detect other offenders in the cases against whom criminal proceedings have not yet been initiated, the procuracies shall issue decisions to initiate criminal proceedings against the accused. Within 24 hours after issuing such decisions, the procuracies must send them to the investigating bodies for investigation.

6. The investigating bodies must immediately hand their decisions or the procuracies’ decisions to initiate criminal proceedings against the accused or such to the accused and explain on their rights and obligations prescribed in Article 49 of this Code. After receiving the procuracies’ decisions to approve or cancel the decisions to initiate criminal proceedings against the accused, the investigating bodies must immediately hand them to the persons against whom criminal proceedings are initiated. The handing and receipt of these decisions must be recorded in the minutes prescribed in Article 95 of this Code.

Article 127.- Change or supplementation of decisions to initiate criminal proceedings against the accused

1. While conducting investigation, if having grounds to determine that the criminal acts committed by the accused do not constitute the offenses for which criminal cases have been instituted against them or there remain other criminal acts, the investigating bodies or procuracies shall issue decisions to change or supplement the decisions to initiate criminal proceedings against the accused.

2. Within 24 hours after issuing the decisions to change or supplement the decisions to initiate criminal proceedings against the accused, the investigating bodies must send their decisions together with documents related to such change or supplementation to the procuracies of the same level for consideration and approval. Within three days after receiving the decisions to change or supplement the decisions to initiate criminal proceedings against the accused, the procuracies must decide to approve or cancel such decisions.

Within 24 hours after issuing the decisions to change or supplement the decisions to initiate criminal proceedings against the accused, the procuracies must send them to the investigating bodies for investigation.

3. The investigating bodies must immediately hand to the accused the decisions to change or supplement their decisions to initiate criminal proceedings against the accused or the procuracies’ decisions to change or supplement their decisions to initiate criminal proceedings against the accused and explain on their rights and obligations prescribed in Article 49 of this Code. After receiving the procuracies’ decisions to approve or cancel the decisions to change or supplement the decisions to initiate criminal proceedings against the accused, the investigating bodies must immediately hand them to the accused. The handing and receipt of the above-said decisions must be recorded in the minutes prescribed in Article 95 of this Code.

Article 128.- Suspension of the accused from their current positions

When deeming that the accused’s continued holding of their positions would cause difficulties to the investigation, the investigating bodies or procuracies shall have the right to propose the agencies or organizations with competence to manage the accused to suspend the accused from their positions. Within seven days after receiving such proposals, these agencies or organizations must reply in writing the proposing investigating bodies or procuracies.

Article 129.- Summoning of the accused

1. When summoning the accused, investigators must send summonses to them. Such summons must contain the full name and residence of the accused, date, hour, and place of his/her presence; the person he/she will meet, and his/her responsibility for non-appearance without plausible reasons.

2. The summonses to the accused shall be sent to the administrations of the communes, wards or townships where the accused reside or to the agencies or organizations where they work. The agencies or organizations receiving the summonses shall have to immediately deliver them to the accused.

Upon receiving the summonses, the accused must sign for certification of the receipt thereof, clearly writing the hour and date of receipt thereon. The deliverers of the summonses must deliver the portions of the summonses containing the signatures of the accused to the summoning bodies; if the accused refuse to sign, the minutes thereof must be made and sent to the summoning bodies; if the accused are absent, the summonses may be handed to an adult member of their families to sign for certification and hand the summonses to the accused. For the accused being in temporary detention, they shall be summoned through the superintending boards of the detention centers.

3. The accused must appear in response to the summonses. If they are absent without plausible reasons or show signs of escape, investigators may issue decisions to escort them.

4. In case of necessity, procurators may summon the accused. The summoning of the accused shall comply with the provisions of this Article.

Article 130.- Escort of the accused on bail

1. A decision to escort the accused shall contain the time and place of its issuance; full name and position of its issuer; full name, birth date and residence of the accused; the offense with which the accused has been charged; the time and the place for the accused to appear;

2. Executors of the escort decisions must read, explain the decisions, and make minutes of the escort as prescribed in Article 95 of this Code.

3. It is forbidden to escort the accused at night.

Article 131.- Interrogation of the accused

1. The interrogation of the accused must be conducted by investigators immediately after the decisions to initiate criminal proceedings against the accused are issued. The accused may be interrogated at the places of investigation or at their residences.

Before conducting the interrogation, investigators must read the decisions to initiate criminal proceedings against the accused and clearly explain to the accused about their rights and obligations prescribed in Article 49 of this Code. This must be recorded in the minutes.

If a case involves many accused, each of them shall be questioned separately and they shall not be allowed to contact one another. The accused may be allowed to write by themselves their statements.

2. It is forbidden to conduct interrogation at night, except for cases where interrogation cannot be delayed, provided that the reasons therefore must be clearly recorded in the minutes.

3. In case of necessity, procurators may interrogate the accused. The interrogation of the accused shall comply with the provisions of this Article.

4. Investigators or procurators who extort statements from the accused or apply corporal punishment to the accused must bear penal liability prescribed in Article 299 or Article 298 of the Penal Code.

Article 132.- Minutes of interrogation of the accused

1. The minutes of interrogation of the accused must be made according to Article 95 and Article 125 of this Code.

A minutes must be made for each time of interrogation. It must contain all statements of the accused, questions and answers. Investigators are strictly forbidden to add, cut or modify by themselves the statements of the accused.

2. After the interrogation, investigators shall read the minutes to the accused or let the accused read them. In case of supplementing or modifying the minutes, the accused and investigators both sign for certification. If the minutes consist of many pages, the accused shall sign every page. Where the accused write their statements by themselves, the investigators and the accused shall sign such written statements for certification.

Should the interrogation is audio-recorded, such records, at the end of the interrogation, must be played back for the accused and the investigators to listen to. The minutes must be recorded with the contents of the interrogation and be signed for certification by the accused and the investigators.

Where the interrogation of the accused is conducted with the aid of interpreters, the investigators must explain the interpreters’ rights and obligations, and also inform the accused of their right to request change of the interpreters. The interpreters and the accused shall both sign every page of the interrogation minutes.

3. When conducting interrogations in the presence of the defense counsels and/or lawful representatives of the accused, the investigators must explain to these persons their rights and obligations in the course of interrogation of the accused. The accused, the defense counsels and/or lawful representatives shall all sign the interrogation minutes.

Where the counsel defenses are allowed to question the accused, the minutes must contain fully the questions of the defense counsels and the answers of the accused.

4. In cases where procurators interrogate the accused, they must observe the provisions of this Article.

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

1. To summon witnesses, investigators must send to them summonses. Such a summons must contain the full name and residence of the witness, the date, hour and place for his/her appearance; the person whom he/she will meet and his/her responsibility for non-appearance without plausible reasons.

2. Summonses shall be handed directly to the witnesses or through the administrations of the communes, wards or townships where they reside or the agencies or organizations where they work. These agencies or organizations shall have to create conditions for the witnesses to perform their obligations.

Under all circumstances, signatures shall be required for the handing and receipt of summonses.

3. Summonses of witnesses aged under full 16 years shall be handed to their parents or other lawful representatives.

4. In case of necessity, procurators may summon witnesses. The summoning of witnesses shall comply with the provisions of this Article.

Article 134.- Escort of witnesses

1. Where witnesses have been summoned by investigating bodies, procuracies or courts but they deliberately refuse to appear without plausible reasons and their absence causes obstruction to the investigation, prosecution or adjudication, the bodies which have summoned them may issue decisions to escort them.

2. Decisions to escort witnesses must contain the time and place of their issuance; full names and positions of their issuers; full names, birth dates and residential places of the witnesses; the time and places for their appearance.

3. The executors of escort decisions must read the decisions to the witnesses, explain their rights and obligations, and make the minutes of the escort as prescribed in Article 95 of this Code.

4. It is forbidden to escort witnesses at night.

Article 135.- Taking statements of witnesses

1. Statements of witnesses shall be taken at the places of investigation or at their residences or working places.

2. If a case involves many witnesses, the statements of each witness must be taken separately and the witnesses shall not be let contact one another in the course of taking statements.

3. Before taking statements from witnesses, investigators must explain to them their rights and obligations. This must be recorded in the minutes.

4. Before inquiring into the contents of the cases, investigators should verify the relationships between the witnesses and the accused, victims and other details related to the witnesses’ personal identity. Before asking questions, investigators should request witnesses to relate or write what they know about the cases. Raising questions of suggestive nature shall not be allowed.

5. When taking statements of witnesses aged under 16 years, their parents, other lawful representatives or their teachers must be invited to attend.

6. In case of necessity, procurators may take statements of witnesses. The taking of statements of witnesses shall comply with the provisions of this Article.

Article 136.- Minutes of witnesses’ statements

Minutes of witnesses’ statements must be made according to Articles 95, 125 and 132 of this Code.

Article 137.- Summoning, and taking statements of, victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases

The summoning, and taking statements of, victims, civil plaintiffs, civil defendants and persons with interests and obligations related to the cases shall comply with the provisions of Articles 133, 135 and 136 of this Code.

Article 138.- Confrontation

1. Where exist contradictions in the statements of two or more persons, investigators shall conduct confrontation.

2. If witnesses or victims participate in the confrontation, investigators must, first of all, explain to them their responsibility for refusing or shirking to give statements or deliberately giving false statements. This must be recorded in the minutes.

3. To begin the confrontation, investigators shall ask about the relationships between persons participating in the confrontation, then about circumstances required to be clarified. After hearing statements in the confrontation, investigators may further put questions to each person.

Investigators may also let persons participating in the confrontation ask one another and their questions and answers must be recorded in the minutes.

Only after persons participating in the confrontation give their statements shall their previous statements be repeated.

4. Confrontation minutes must be made according to the provisions of Articles 95, 125 and 132 of this Code.

5. In case of necessity, procurators may conduct confrontation. Such confrontation shall comply with the provisions of this Article.

Article 139.- Identification

1. When necessary, investigators may invite persons or give objects or photos to witnesses, victims or the accused for identification.

Investigators must ask in advance the identifying persons about details, traces and characteristics owing to which they may make identification.

2. The number of persons, things or photos presented for identification must be at least three and their appearances must be similar. For identification of corpses, this principle shall not be applied.

In special cases, identification of persons may be made through their voices.

3. If witnesses or victims act as identifying persons, before conducting the identification, investors must explain to them their responsibility for refusing or shirking to give statements or deliberately giving false statements. Such explanation must be recorded in the minutes.

4. In the course of identification, investigators must not put questions of suggestive nature. After the identifying persons have identified a person, an object or a photo among those presented for identification, investigators shall request them to explain which traces or characteristics they have relied on for identifying such person, object or photo.

Identification must be conducted in the presence of witnesses.

5. Identification minutes must be made according to Articles 95, 125 ad 132 of this Code. Such a minutes should contain the personal details of identifying persons and persons shown for identification; characteristics of objects or photos presented for identification; statements and presentations given by identifying persons.

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

1. Body search, search of residences, working places and premises shall be conducted only when there are grounds to judge that on the bodies, in the residences, working places and/or premises of persons there are instruments and means of offense commission, objects and property acquired from offense commission or other objects and documents related to the cases.

Search of residences, working places or premises shall also be conducted in case of necessity to detect wanted persons.

2. In case of necessity to collect documents and objects related to the cases, correspondence, telegraphs, postal parcels and matters may be searched.

Article 141.- Competence to issue search warrants

1. The persons defined in Clause 1, Article 80 of this Code shall have the right to issue search warrants in all cases. Search warrants 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 they are executed.

2. In case of urgency, the persons defined in Clause 2, Article 81 of this Code shall have the right to issue search warrants. Within 24 hours after the completion of the search, the search warrant issuers must notify in writing the procuracies of the same level thereof.

Article 142.- Body search

1. To start a body search, the search warrant must be read and handed to the to be-searched person for reading; the to be-searched person and other persons present shall be informed of their rights and obligations.

The persons conducting the search must request the to be-searched persons to give out objects and documents related to the cases; if the to be-searched persons disobey, they shall be searched.

2. The search of a person must be conducted by a person of the same sex and to the witness of a person also of the same sex.

3. Body search may be conducted without a search warrant in case of arrest or when there are grounds to confirm that the person present at the searched place hides on his/her body objects and documents required to be seized.

Article 143.- Search of residences, working places, premises

1. Search of residences, working places or premises shall be conducted in accordance with the provisions of Articles 140, 141 and 142 of this Code.

2. Search of residences or premises must be conducted in the presence of the owners or their families’ adult members, the representatives of the commune, ward or township administrations and neighbors as witnesses; in cases where the involved persons and their families’ members are deliberately absent, have escaped or have been away for a long time while the search cannot be delayed, the search must be witnessed by the local administrations’ representatives and two neighbors.

3. Search of residences must not be conducted at night, except where it cannot be delayed, provided that the reasons therefore must be clearly stated in the minutes.

4. Search of working places must be conducted in the presence of such persons, except where it cannot be delayed, provided that the reason therefore must be clearly stated in the minutes.

Search of working places of persons must be witnessed by the representatives of the agencies or organizations where such persons work.

5. When the search of residences, working places or premises is taking place, the persons present must neither leave the searched places without permission nor contact, discuss with one another or with other persons until the search completes.

Article 144.- Forfeiture of correspondence, telegraphs, postal parcels and matters at post offices

In case of necessity to forfeit correspondence, telegraphs, postal parcels and matters at post offices, the investigating bodies shall issue forfeiture warrants. These warrants must be approved by the procuracies of the same level before they are executed, except for cases where the execution thereof cannot be delayed, provided that the reasons therefore must be clearly stated in the minutes and the forfeiture, once completed, be immediately notified to the procuracies of the same level.

Before effecting the forfeiture, the executors of forfeiture warrants must notify such to the persons in charge of the post offices concerned. The persons in charge of the post offices concerned must assist the executors of seizure warrants in fulfilling their tasks.

The forfeiture of correspondence, telegraphs, postal parcels and matters must be witnessed by the representatives of the post offices, who shall sign for certification the minutes thereof.

The forfeiture warrant-issuing bodies must notify the persons having the to be forfeited correspondence, telegraphs, postal parcels and/or matters of the forfeiture warrants. If such notification will impede the investigation, immediately after such impediment no longer exists, the forfeiture warrant-issuing bodies must make such notification.

Article 145.- Seizure of objects and documents during a search

While conducting search, investigators may seize objects which are exhibits as well as documents directly related to the cases. For objects falling into the categories banned from storage or circulation, they must be forfeited and immediately delivered to competent management bodies. In case of necessity to seal objects up, such sealing must be conducted in the presence of the owners of such objects or their families’ representatives, the administration’s representatives as well as witnesses.

The seizure of objects and documents during a search must be recorded in a minutes. Seizure minutes must be made in four copies, one of which to be handed to the owner of the objects and/or documents, one to be put in the case files; one to be sent to the procuracy of the same level, and one to the agency managing the seized objects and/or documents.

Article 146.- Distrainment of property

1. Distrainment of property shall only apply to the accused or defendants charged with offenses which, as prescribed by the Penal Code, may be subject to property confiscation or fine penalty as well as to persons liable to pay damage compensation according to law provisions.

The competent persons defined in Clause 1, Article 80 of this Code shall have the right to issue property distrainment warrants. Distrainment warrants of persons defined at Point d, Clause 1, Article 80 of this Code must be immediately notified to the procuracies of the same level before they are executed.

2. Distrainment shall be made only of a portion of property corresponding to the amount likely to be confiscated, to the pecuniary fine or the damage compensation.

Distrained property shall be assigned to their owners or their relatives for preservation. If the persons assigned to preserve such property commit acts of consuming, transferring, fraudulently swapping, concealing or destroying the distrained property, they shall bear penal liability under the provisions of Article 310 of the Penal Code.

3. Property distrainment must be witnessed by the involved persons or their families’ adult members, representatives of the commune, ward or township administrations and neighbors. The distraining persons must make the minutes, clearly stating the name and condition of each distrained property item. Such minutes must be made according to Articles 95 and 125 of this Code, read to the involved persons and other present persons, and signed by these persons. Any complaints of the involved persons shall be recorded in the minutes, with the signatures for certification of such persons and the distraining persons.

A distrainment minutes shall be made in three copies, one to be handed to the involved person immediately after the distrainment is completed, one to be sent to the procuracy of the same level, and one to be put in the case file.

4. When deeming that distrainment is no longer necessary, the competent persons defined in Clause 1, Article 80 of this Code must issue in time decisions to cancel distrainment warrants.

Article 147.- Responsibility to preserve objects, documents, correspondence, telegraphs, postal parcels and/or matters which are forfeited, seized or sealed up

Objects, documents, correspondence, telegraphs, postal parcels and/or matters which are forfeited, seized or sealed up under the provisions of Articles 75, 144 and 145 of this Code must be preserved intact.

If persons assigned to preserve property break up seals, consume, transfer, fraudulently swap or destroy such property, they shall bear penal liability under Article 310 of the Penal Code.

Article 148.- Minutes of search, forfeiture, seizure of objects, documents, correspondence, telegraphs, postal parcels and matters

The search, forfeiture or seizure of objects, documents, telegraphs, postal parcels and/or matters must be recorded in the minutes prescribed in Articles 95 and 125 of this Code.

Article 149.- Responsibilities of issuers and executors of warrants to search, distrain property, forfeit or seize objects, documents, correspondence, telegraphs, postal parcels and matters

Persons who have illegally issued and persons who have illegally executed warrants to search or distrain property, forfeiture or seize objects, documents, correspondence, telegraphs, postal parcels and/or matters shall, depending on the seriousness of their violations, be disciplined or examined for penal liability.

CHAPTER XIII SCENE EXAMINATION, AUTOPSY, EXAMINATION OF TRACES ON HUMAN BODIES, INVESTIGATION EXPERIMENTS, EXPERTISE

Article 150.- Scene examination

1. Investigators shall examine scenes where offenses have been committed or detected in order to find out traces of offense, exhibits and to clarify circumstances significant to the cases.

2. Scene examination may be conducted prior to the institution of criminal cases. Under all circumstances, before conducting the examination, investigators must notify the procuracies of the same level thereof. Procurators must come to supervise the scene examination. In the course of examination, there must be witnesses; the accused, victims and/or witnesses may be allowed to attend, and specialists may be invited to participate in, the examination.

3. While conducting scene examination, investigators shall take photos, draw plans describing the scenes, take measurements, make mock-ups, collect and examine on spot traces of offense, objects, documents related to the cases; and clearly write the examination results in the scene examination minutes.

Where the collected objects and documents cannot be scrutinized immediately, they must be preserved, kept intact or sealed up and taken to the investigation places.

Article 151.- Autopsy

Autopsy shall be conducted by investigators with the participation of forensic doctors and in the presence of eyewitnesses.

In case of necessity to exhume corpses, decisions of investigating bodies shall be required and the deceased persons’ families must be notified thereof before the exhumation starts. The corpse exhumation must be participated by forensic doctors.

When necessary, experts may be summoned to and there must be witnesses at the exhumation.

Under all circumstances, autopsy must be notified in advance to the procuracies of the same level. Procurators must come to supervise the autopsy.

Article 152.- Examination of traces on human bodies

1. Investigators shall examine the bodies of the persons arrested or taken into custody, the accused, victims and witnesses in order to detect thereon traces of offense or other traces of significance to the cases. In case of necessity, the investigating bodies shall request forensic examination.

2. Examination of the body of a person must be conducted by a person of the same sex and witnessed by a person also of the same sex. In case of necessity, medical doctors may participate in body examination.

It is forbidden to infringe upon the honor, dignity or the health of the examined persons.

Article 153.- Investigation experiments

1. In order to check and verify documents and circumstances of significance to the cases, the investigating bodies shall have the right to conduct investigation experiments by reproducing the scenes, replaying acts, circumstances or all other details of certain facts, and conduct necessary experiments. They may, when deeming it necessary, take measurements, photographs, video and draw plans.

2. Investigation experiments must be conducted in the presence of witnesses. In case of necessity, the persons in custody, the accused, victims and/or witnesses may participate therein.

It is forbidden to infringe upon the honor and dignity or cause harm to the health of persons participating in investigation experiments.

3. In case of necessity, the procuracies may conduct investigation experiments. Investigation experiments shall be conducted in accordance with the provisions of this Article.

Article 154.- Minutes of scene examination, autopsy, examination of traces on human bodies and investigation experiments

Scene examination, autopsy, examination of traces on human bodies and investigation experiments must be recorded in the minutes as prescribed in Article 95 and Article 125 of this Code.

Article 155.- Solicitation of expertise

1. When arise matters which need to be determined under Clause 3 of this Article or when deeming it necessary, the procedure-conducting bodies shall issue decisions to solicit expertise.

2. Decisions to solicit expertise must clearly state the matters required to be examined, full names of experts requested to examine or names of the expertising agencies as well as the rights and obligations of experts as prescribed in Article 60 of this Code.

3. Expertise is compulsory when it is necessary to determine:

a/ Causes of human death, injury nature, degree of harm to the health or working capability;

b/ The psychiatric state of the accused or defendants in cases where there is suspicion about their penal liability capacity;

c/ The psychiatric state of witnesses or victims in cases where there is suspicion about their perception capacity and truthful statements on circumstances of the cases;

d/ The ages of the accused or defendants or victims if such is significant to the cases and there are no documents proving their ages or there is suspicion about the authenticity of such documents;

e/ Noxious substances, narcotics, radioactive substances, counterfeit currencies.

Article 156.- Conducting expertise

1. Expertise may be conducted at the expertising agencies or at the places of investigation of the cases immediately after the issuance of decisions to solicit expertise.

Investigators and procurators shall have the right to participate in the expertise provided that they must notify in advance the experts thereof.

2. In cases where the expertise cannot be conducted within the time limit requested by the expertise-soliciting agencies, the expertising agencies or experts must immediately notify such in writing and clearly state the reasons therefore to the expertise-soliciting agencies.

Article 157.- Contents of expertise conclusions

1. Expertise conclusions must clearly state the time and place of the conducted expertise; full names, educational levels and professional qualifications of experts; participants in the expertise; traces, objects, documents and all other things already examined, applied methods and answers with specific grounds to the raised matters.

2. In order to clarify or supplement expertise conclusions, the expertise-soliciting agencies may put additional questions to the experts about necessary circumstances and may decide on additional expertise or re-expertise.

Article 158.- Rights of the accused and participants in the procedure with regard to expertise conclusions

1. After the expertise completes, the agencies which have solicited the expertise must notify the contents of the expertise conclusions to the accused and other participants in the procedure if the latter so request.

The accused, other participants in the procedure may express their opinions on the expertise conclusions and requests for additional expertise or re-expertise. These opinions and requests shall be recorded in the minutes.

2. Where the investigating bodies or procuracies reject the requests of the accused or other participants in the procedure, they must clearly state the reasons therefore and inform such persons thereof.

Article 159.- Additional expertise or re-expertise

1. Additional expertise shall be conducted in cases where the contents of the expertise remain unclear, incomplete or when arise new matters related to the cases’ circumstances already concluded earlier.

2. Re-expertise shall be conducted where there is suspicion about the expertise results or there are contradictions in the expertise conclusions on the same expertised matter. The re-expertise must be conducted by other experts.

3. Additional expertise or re-expertise shall be conducted according to general procedures prescribed in Articles 155, 156, 157 and 158 of this Code.

CHAPTER XIV SUSPENSION OF INVESTIGATION AND TERMINATION OF INVESTIGATION

Article 160.- Suspension of investigation

1. When the accused suffer from mental diseases or other dangerous ailments with certification by the forensic examination councils, the investigation may be suspended ahead of the investigation time limit. In cases where the accused are not yet identified or their whereabouts are unknown, the investigation shall be suspended only upon the expiry of the investigation time limit.

Where expertise has been solicited but the expertise results are not yet available upon the expiry of the investigation time limit, the investigation shall be suspended while the expertise shall still continue till its results are obtained.

Where a case involves many accused while the reason for suspension of investigation does not relate to all of the accused, the investigation may be suspended for each of them.

If the accused’s whereabouts are unknown, the investigating bodies must issue pursuit warrants before suspending the investigation.

2. Investigating bodies which have issued decisions to suspend the investigation must send such decisions to the procuracies of the same level, the accused and victims.

Article 161.- Pursuit of the accused

When the accused abscond or their whereabouts are unknown, investigating bodies shall issue warrants to pursue them.

A pursuit warrant must clearly state the date, hour and place of its issuance; full name and position of its issuer; full name, age and residence of the accused, characteristics for identification of the accused, affixed with the accused’s photo, if any; and the offense with which the accused has been charged.

Pursuit warrants shall be announced on the mass media for everyone to detect, arrest and detain the wanted persons.

Article 162.- Termination of investigation

1. Upon the termination of investigation, the investigating bodies must make investigation conclusion reports

2. The investigation shall be terminated when the investigating bodies issue investigation conclusion reports proposing the prosecution or investigation conclusion reports and decisions to cease the investigation.

3. An investigation conclusion report must clearly state the date, full name, position and signature of the conclusion maker.

4. Within two days after issuing the investigation conclusion reports, the investigating bodies must send the investigation conclusion reports proposing the prosecution or the investigation conclusion reports enclosed with the decisions to cease the investigation together with the case files to the procuracies of the same level; send the investigation conclusion reports proposing the prosecution or decisions to cease the investigation to the accused and defense counsels.

Article 163.- Proposals for prosecution

1. When having sufficient evidences to determine the offenses and the accused, the investigating bodies shall make investigation conclusion reports proposing the prosecution. An investigation conclusion report shall describe the development of the criminal act, evidences proving the offense, proposals on solving the case, including reasons and grounds for the prosecution proposal.

2. An investigation conclusion report shall be enclosed with the statement on the investigation periods, deterrent measures already applied, clearly stating the duration of custody or temporary detention, exhibits, civil suits, measures to secure the payment of fines, compensations and confiscation of assets, if any.

Article 164.- Investigation cessation

1. In case of investigation cessation, the investigation conclusion reports shall clearly describe the investigation process, reasons and grounds for investigation cessation.

2. The investigating bodies shall issue investigation cessation decisions in the following cases:

a/ 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.

b/ The investigation time limits have expired but it cannot be proved that the accused have committed the offense.

3. An investigation cessation decision shall contain the date and place of its issuance, reasons and grounds for investigation cessation, the cancellation of the deterrent measure, the return of seized objects, documents, if any, and other related matters.

If a case involves many accused while the grounds for investigation cessation are not related to all of them, the investigation may be ceased for each of them.

4. If deeming that the investigation cessation decisions of the investigating bodies are grounded, within fifteen days after receiving such decisions, the procuracies must return the case files to the investigating bodies for settlement according to the latter’s competence; if deeming that such investigation cessation decisions are ungrounded, the procuracies shall cancel them and request the investigating bodies to resume investigation; if deeming that there are sufficient grounds for prosecution, the procuracies shall cancel such decisions and issue prosecution decisions. The time limit for issuing prosecution decisions shall comply with the provisions of Article 166 of this Code.

Article 165.- Investigation resumption

1. Where there exist grounds to cancel the decisions to cease or suspend the investigation, the investigating bodies shall issue decisions to resume investigation if the statute of limitations for penal liability examination has not yet expired. Within two days after issuing the decisions to resume investigation, the investigating bodies must send them to the procuracies of the same level.

2. If the investigation is ceased under Points 5 and 6, Article 107 of this Code but the accused disagree and request re-investigation, the investigating bodies or procuracies of the same level shall issue decisions to resume the investigation.

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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