Chương XIV Bộ luật Tố tụng Hình sự 2003: Tạm đình chỉ điều tra và kết thúc điều tra

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.