Chương XXXIV Bộ luật Tố tụng Hình sự 2003: Thủ tục rút gọn

Chapter XXXIV: SUMMARY PROCEDURES

Article 318.- Scope of application of summary procedures

The summary procedures for investigation, prosecution as well as first-instance trial shall be applied under the provisions of this Chapter, and concurrently under other provisions of this Code which are not contrary to those of this Chapter.

Article 319.- Conditions for application of summary procedures

Summary procedures shall be applied only when the following conditions are fully met:

1. The persons committing criminal acts are caught red-handed;

2. The offenses are simple with obvious evidences;

3. The committed offences are less serious ones;

4. The offenders have clear personal identifications and records.

Article 320.- Decisions to apply summary procedures

1 After the criminal cases are instituted, at the requests of the investigating bodies or if deeming that the cases fully meet the conditions prescribed in Article 319 of this Code, the procuracies may issue decisions to apply summary procedures.

2. Decisions to apply summary procedures must be sent to the investigating bodies and the accused or their lawful representatives within 24 hours after their issuance.

3. Decisions to apply summary procedures may be complained about. The accused or their lawful representatives shall have the right to complain about the decisions to apply summary procedures; the statute of limitations for lodging such complaints is three days after the decisions are received. Complaints shall be sent to the procuracies which have issued the decisions to apply summary procedures and must be settled within three days after they are received.

Article 321.- Investigation

1. The time limit of investigation according to summary procedures is twelve days after the issuance of the decisions to institute the criminal cases.

2. Upon the termination of the investigation, the investigating bodies shall not have to make written investigation conclusions but issue decisions proposing the prosecution and send the case files to the procuracies.

Article 322.- Custody and temporary detention for investigation and prosecution

1. The grounds, competence and procedures for custody and temporary detention shall comply with the provisions of this Code.

2. The time limit for custody shall not exceed three days as from the date the investigating bodies receive the arrestees.

3. The time limit for temporary detention for investigation and prosecution shall not exceed sixteen days.

Article 323.- Decision on prosecution

1. Within four days after receiving the case files, the procuracies shall have to issue one of the following decisions:

a/ To prosecute the accused before court by a prosecution decision;

b/ To return the file for additional investigation;

c/ To suspend the case;

d/ To cease the case.

2. In case of returning the files for additional investigation or suspending the cases prescribed at Point b or c, Clause 1 of this Article, the procuracies must issue decisions to cancel the decisions to apply the summary procedures and the cases shall then be settled according to general procedures

Article 324.- Trial

1. Within seven days after receiving the case files, the judges assigned to preside over the court sessions shall have to issue one of the following decisions:

a/ To bring the case for trial;

b/ To return the file for additional investigation;

c/ To suspend the case;

d/ To cease the case.

2. In case of issuing decisions to bring the cases for trial prescribed at Point a, Clause 1 of this Article, within seven days as from the date of issuing such decisions, the courts must open court sessions to try the cases. The first-instance trial shall be conducted according to general procedures.

3. In case of returning the files for additional investigation or suspending the cases as prescribed at Point b or c, Clause 1 of this Article, the courts shall transfer the files to the procuracies and the cases shall then be settled according to general procedures.

4. In case of necessity, the courts of first instance shall decide to keep the defendants in temporary detention in order to secure the trial. The temporary detention time limit shall not exceed fourteen days.

5. The appellate trial, the review according to cassation or reopening procedures of the cases which underwent first-instance trial according to summary procedures, shall be conducted according to general procedures.