Chương XV Bộ luật Tố tụng Hình sự 2003: Quyết định việc truy tố

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.