Chapter X
GENERAL REGULATIONS ON CRIMINAL INVESTIGATION
Article 163. The authority to investigate
1. Investigation authorities of the people’s police force shall delve into every crime, save those falling into the powers of investigation authorities of the People’s Army or of the Supreme People’s Procuracy.
2. Investigation authorities of the People’s Army shall inquire into crimes falling into the jurisdiction of a military Court.
3. Investigation authorities of Supreme People’s Procuracy or Central military procuracy shall probe violations of judicial activities, corruption, and breach of positions in the sector of justice, as defined in chapter XXIII and chapter XXIV of the Criminal Code, against offenders as officials and employees of investigation authorities, Courts, procuracies, law enforcement authorities and against individuals empowered to engage in judicial activities.
4. Investigation authorities are authorized to investigate criminal cases that occur in their assigned territories. If crimes occur in various or unidentified places, the investigation authority adjacent to the offender's place of exposure, of residence or of capture shall conduct investigative activities.
5. The hierarchy of investigation is composed of:
a) District investigation authorities and local military investigation authorities shall conduct criminal investigations into crimes within juridisction of a district Court or local military Court;
b) Provincial investigation authorities shall carry out criminal investigations into crimes within the jurisdiction of a provincial Court. Provincial investigation authorities shall, if their direct involvement is deemed vital, inquire into cases within the investigative powers of district investigation authorities, which happen in various district, towns, provincial cities, cities under centrally-affiliated cities or denote foreign elements.
Military investigation authorities of military zones shall conduct criminal investigations into crimes within the jurisdiction of a military Court of a military zone or, if their direct engagement is deemed essential, within the powers of local investigation authorities.
c) Investigation authorities of the Ministry of Public Security or Ministry of Defense shall conduct criminal investigations into severe felonies, which were dismissed by orders of the judges' panel of the Supreme People’s Court for re-investigation. Moreover, such authorities, if their direct involvement is deemed imperative, shall conduct criminal investigations into severe and complex felonies involving several provinces and centrally-affiliated cities or many countries.
Article 164. Duties and authorities of units, as assigned to investigate, under border protection force, customs, forest ranger, maritime police force, fisheries resources surveillances and people’s police force, People’s Army
1. Units of border protection force, customs, forest ranger, maritime police force and fisheries resources surveillances, when exposing acts that exhibit signs of crime as per their assignments to investigate, shall bear these duties and authority:
a) Decide to press criminal charges or institute legal proceedings against defendants, conduct investigations and transfer case files to the competent Procuracy in 01 month upon the issuance of a decision to press criminal charges against evident misdemeanors in flagrante and offenders with transparent personal records;
b) Decide to press criminal charges, initiate preliminary investigations and transfer case files to the competent Procuracy in 07 days upon the issuance of a decision to press criminal charges against serious crimes, felonies, severe felonies or complex misdemeanors;
2. Apart from investigation authorities of the people’s police force and People’s Army as per Article 163 of this Law, other units assigned to investigate, if unmasking events that exhibit signs of crime, shall be authorized to file criminal charges, institute preliminary investigations and pass case files to the competent investigation authorities in 07 days upon the issuance of a decision to file criminal charge.
3. Units of the border protection force, customs, forest ranger, maritime police force, fisheries resources surveillances and other units of the people's police force and People’s Army, when assigned to investigate, must perform execute precise duties and powers as defined in Article 39 and Article 40 of this Law and implement exact principles, sequence and procedure for investigation according to this Law. The procuracy shall be responsible for exercising prosecution rights and administering legal compliance of the said authorities' investigative activities.
4. The Law on the organization of criminal investigation authorities shall govern particular investigative powers of units under the border protection force, customs, forest ranger, maritime police force, fisheries resources surveillances and people's police force, People’s Army.
Article 165. Duties and authorities of The procuracy exercising prosecution rights during the stage of criminal investigation
1. Request investigation authorities and units assigned to investigate to file charges, amend or add criminal charges and legal proceedings against defendants.
2. Approve decisions to charge and decisions to amend or supplement charges against defendants or annul baseless and illegal ones.
3. Press charges, amend or increase criminal charges and legal proceedings against defendants in the events as stated in this Law.
4. Approve or reject emergency custody orders, extension of temporary detainment, detention, bail, surety, search warrant, seizure, impoundment of items, mails, telegraphs, postal packages, special investigation methods and proceedings; ratify procedural decisions by investigation authorities and assigned to investigate according to this Law or deny groundless and illicit ones; annul flimsy and illegal decisions on legal proceedings from investigation authority and units assigned to investigate. A decision to reject or annul matters must specify reasons.
5. Decisions to implement, alter or terminate preventive and coercive measures shall abide by this Law.
6. Make requests for investigation and request investigation authorities and units assigned to investigate to inquire into crimes and offenders; request investigation authorities to hunt down suspects and implement special investigation methods and proceedings.
7. Directly perform certain activities of investigation to verify and add documents and evidences for the decision to charge or for the ratification of orders and decisions made by investigation authorities and units assigned to investigate, or to respond to unjust cases, omission of crimes or breach of laws that have not been settled despite the Procuracy’s written requests.
8. Press criminal charges or request investigation authorities to file criminal charges upon the revelation of signs of crimes committed by authorized individuals handling denunciations, information and charge requests or filing charges or investigating;
9. Decide to extend the time limits for investigation or detention; to transfer cases, implement summary procedures or civil commitment; nullify decisions to join or separate cases.
10. Carry out other duties and powers to exercise prosecution rights as per this Law.
Article 166. Duties and authority of The procuracy administering criminal investigations
1. Administer legal compliance of charges, investigation and documentation by investigation authorities and units assigned to investigate.
2. Administer criminal proceedings by participants; requisition from competent authorities and entities strict actions towards participants in legal proceedings, who violate laws.
3. Settle disputes over the authority to investigate.
4. Request investigation authorities and units assigned to investigate to provide relevant documents for the administration of legal compliance of charges and investigations, if deemed necessary.
5. Request investigation authorities and units assigned to investigate to perform these activities upon the exposure of inadequate investigations or violations of laws:
a) Conduct investigations that abide by the laws;
b) Inspect the investigations and report to The procuracy;
c) Provide documents on deeds and decisions to charge in violation of investigative laws.
6. Request investigation authorities and units assigned to investigate to correct violations of charge and investigation.
7. Request heads of investigation authorities and units assigned to investigate to replace investigators and investigation officers and to impose strict actions towards such individuals violating procedural laws.
8. Request concerned authorities and organizations to implement measures that preclude crimes and breach of laws.
9. c) Perform other duties and authority to administer criminal investigations as per this Law.
Article 167. Responsibilities of investigation authorities and units assigned to investigate for fulfilling requests and decisions by The procuracy during the stage of investigation
1. Investigation authorities and units assigned to investigate must fulfill the Procuracy's requests and decisions during the stage of investigation.
2. Investigation authorities and units assigned to investigate, despite their protests, bear the obligation to execute decisions as defined in Section 4 and Section 5, Article 165 of this Law and preserve the right to address such matters to the immediate superior Procuracy. The immediate superior Procuracy, in 20 days upon receiving a motion from investigation authorities or in 05 days upon obtaining standpoints from units assigned to investigate, shall consider such angles and inform such authorities and units of final decisions.
Article 168. Responsibilities of authorities, organizations and individuals for fulfilling requests and decisions by procuracies, investigation authorities and units assigned to investigate
Authorities and entities must strictly implement decisions and requests by procuracies, investigation authorities and units assigned to investigate during the stage of criminal investigation. Failure to comply not due to force majeure or objective obstacles shall be punishable according to the laws.
Article 169. Transfer of cases for investigation
1. An equivalent Procuracy shall decide to transfer a case for investigation in one of the following events:
a) An equivalent investigation authority considers the case beyond its investigative powers and requests case transfer;
b) A superior investigation authority withdraws the case for investigation;
c) The investigator replaced is the head of the investigation authority;
d) The procuracy requests case transfer but the investigation authority does not respond.
2. The provincial People’s Procuracy or military People’s Procuracy of military zone shall decide to have cases transferred out of a province, centrally-affiliated city or military zone, respectively.
3. A case is transferred for intra vires investigation through the following formalities:
a) The competent Procuracy shall, in 03 days upon receiving a request from the investigation authority, decide to transfer the case;
b) The procuracy shall, in 24 hours upon making a decision on case transfer, deliver such decision to the investigation authority inquiring into the case, the investigation authority authorized to continue investigation, suspect or his representative, defense counsel, crime victim and competent Procuracy.
4. The investigation authority inquiring into the case shall, in 03 days upon receiving the decision on case transfer, be held responsible for transferring the case to the investigation authority authorized to continue investigation.
5. The time limit for investigation resumes upon the investigation authority's receipt of the case file and continues to the end of the time limit as defined in this Law. If the investigation is incomplete at the end of its time limit, the competent Procuracy shall consider and decide an extension of the investigation according to general stipulations in this Law.
Article 170. Joinder or separation in criminal cases for investigation
1. Investigation authorities can join multiple issues for intra vires investigation of a single case in one of the following events:
a) The suspect commits multiple crimes;
b) The suspect commits a crime in multiple times;
c) Several suspects commit one crime, or accomplices and accessories who conceal or fail to report the suspect or use property obtained by crime.
2. Investigation authorities shall only be permitted to separate issues from a case, if such separation is neccesary because investigations into all crimes present cannot be finished in timely manner and such separation does not affect the determination of entire objective truths of the case.
3. A decision on joinder or separation must be sent to the equivalent Procuracy in 24 hours upon the issuance of such decision. The procuracy, if disagreeing with the investigation authority’s decision on joinder or separation, shall decide to annul such decision and state reasons.
Article 171. Mandate of investigation
1. An investigation authority shall mandate another investigation authority, if deemed necessary, to conduct certain investigations. The decision to mandate investigation must specify requests and be sent to the investigation authority mandated and its equivalent Procuracy.
2. The investigation authority mandated must fulfill every task mandated in a period set by the mandating investigation authority and shall be held liable for the results of the former's implementation of the mandate. The authority mandated, if failing the assignments, shall promptly inform in writing the mandating investigation authority of reasons of such failure.
3. The procuracy at equivalent level of the investigation authority mandated shall be held responsible for exercising prosecution rights and administer the mandated authority's investigative activities and for reporting the results of such tasks to The procuracy mandating the enforcement of prosecution rights and administration of investigations.
Article 172. Time limit for investigation
1. The time limit for a criminal investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies. The time limit applies from the filing of charges to the end of the investigation.
2. If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.
An investigation is extended as follows:
a) An investigation into misdemeanors may be extended once for 02 more months;
b) An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;
c) An investigation into horrific felonies may be extended twice, for 04 more months each time;
d) An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.
3. If the investigation into extremely severe felonies is incomplete, despite the expiration of its time limit, due to the case’s complexity, the head of the Supreme People’s Procuracy may sanction one extension for at most 04 more months.
The head of the Supreme People’s Procuracy is entitled to extend an investigation into breach of national security once for at most 04 more months.
4. If a decision to press criminal charges or to join issues into one lawsuit is amended, the total time limit for investigation shall not exceed the limits as defined in Section 1, 2 and 3 of this Article.
5. The procuracy's authority to extend an investigation:
a) An investigation into misdemeanors is extended by a district People’s Procuracy or local Military procuracy. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the extension of investigation;
b) A district People’s Procuracy or local Military procuracy shall ratify the first and second extensions of an investigation into felonies. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;
c) A district People’s Procuracy or local Military procuracy shall ratify the first extension of an investigation into horrific felonies while the provincial People’s Procuracy or Military procuracy of a military zone shall decide the second extension. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;
c) A provincial People’s Procuracy or Military procuracy of a military zone shall ratify the first and second extensions of an investigation into extremely severe felonies while the Supreme People’s Procuracy or central military People’s Procuracy shall decide the third extension;
6. If an investigation authority of the Ministry of Public Security, Ministry of Defense or People’s Supreme Procuracy handles the investigation, the Supreme People’s Procuracy or Central military procuracy shall decide to extend the investigation.
Article 173. Time limit for detention for investigation
1. The time limit for temporary detention of suspects for investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies.
2. If an investigation must be prolonged due to a variety of complex facts in the case and no grounds for change or termination of detention exist, the investigation authority shall, within 10 days prior to the expiration of the time limit, request The procuracy to extend the detention.
Detention is extended as follows:
a) Detention of offenders of misdemeanors may be extended once for 01 more month;
b) Detention of offenders of felonies may be extended once for 02 more month;
c) Detention of offenders of horrific felonies may be extended once for 03 more month;
d) Detention of offenders of extremely severe felonies may be extended twice, for 04 more months each time.
3. The procuracy's authority to extend detention:
b) A district People’s Procuracy or local Military procuracy is entitled to extend detention of offenders of misdemeanors, felonies and horrific felonies. If a provincial investigation authority or a military zone’s investigation authority handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone is entitled to extend detention of offenders of misdemeanors, felonies, horrific felonies and to decide the first extension of detention of offenders of extremely severe felonies;
b) If the investigation is incomplete despite the expiration of the first extension as stated in Point a of this Section and no grounds for change or termination of temporary detention exist, the provincial People’s Procuracy or Military procuracy of the military zone may decide the second extension against offenders of extremely severe felonies.
4. If an investigation authority of the Ministry of Public Security, Ministry of Defense or People’s Supreme Procuracy handles the investigation, the Supreme People’s Procuracy or Central military procuracy shall decide to extend the investigation.
5. The head of the Supreme People’s Procuracy is entitled to extend the detention of violators of national security once for at most 04 more months. If the investigation is incomplete despite the expiration of the extension(s) as stated in this Section and no grounds for change or termination of temporary detention exist, the head of the Supreme People’s Procuracy is entitled to ratify 1-month extension against felonies, 2-month extension against horrific felonies, and 4-month extension against extremely severe felonies. If no grounds for termination of detention exist in a special case of extremely severe felony of national security breach, the head of the Supreme People’s Procuracy shall decide to maintain detention until the investigation closes.
6. If no grounds for change or termination of detention exist in a special case of horrific felonies not related to national security breach, the head of the Supreme People’s Procuracy is entitled to sanction one 4-month extension. If no grounds for termination of detention against a special case, the head of the Supreme People’s Procuracy shall decide to extend the detention by the entire length of time of the investigation.
7. If detention in force is deemed unnecessary, the investigation authority must request The procuracy to terminate the detention to discharge the detainee in timely manner or implement other measures, if necessary.
The detainee must be discharged when the detention expires. Competent procedural authorities, if necessary, shall implement other preventive measures.
Article 174. Time limit for resumption of investigation, further investigation, re-investigation
1. If an investigation resumes as per Article 235 of this Law, the time limit for the continued investigation shall not exceed 02 months for misdemeanors and felonies and 03 months for horrific and extremely severe felonies. Such time limit applies from the issue date of the decision to resume investigation to the closure of the investigation.
If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.
An investigation is extended as follows:
a) An investigation into misdemeanors may be extended once for 01 more month;
b) An investigation into felonies and horrific felonies may be extended once for 02 more months;
c) An investigation into extremely severe felonies may be extended once for 03 more months.
The authority to extend investigations into each type of crime is defined in Section 5, Article 172 of this Law.
2. If The procuracy returns case files for further investigation, the time limit for the additional investigation shall not exceed 02 months. If a Court returns case files for further investigation, the time limit added shall not exceed 01 month. The procuracy can return case files for further investigation twice. The presiding judge of a Court can return case files for further investigation once and the Trial panel can return case files for additional investigation once.
The time limit for an additional investigation commences upon the investigation authority’s retrieval of case files and request for further investigation/
3. If case files are returned for re-investigation, the time limit and extension of investigation shall be governed by Article 172 of this Law.
The time limit for investigation commences upon the investigation authority’s retrieval of case files and request for re-investigation.
4. The investigation authority, when resuming, furthering and resetting an investigation, is entitled to implement, alter or terminate preventive and coercive measures as per this Law.
If a detention is deemed necessary as per the grounds defined in this Law, the time limit for detention for resumption or furthering of the investigation shall not exceed the relevant time limit as defined in Section 1 and Section 2 of this Article.
The time limit and extension of detention for re-investigation are governed by Article 173 of this Law.
Article 175. Settlement of requisitions from participants in legal proceedings
1. When participants in legal proceedings lodge requisitions related to the case, investigation authorities, units assigned to investigate, and procuracies within their powers shall process such requisitions and have petitioners informed of results. Investigation authorities, units assigned to investigate or procuracies, if rejecting such requisitions, must respond and state reasons.
2. Participants in legal proceedings, if disagreeing with feedbacks from investigation authorities, units assigned to investigate or procuracies, shall be permitted to lodge complaints. Lodging and settlement of complaints are defined in chapter XXIII of this Law.
Article 176. Witnesses' attendance
Witnesses shall be summoned to observe activities of investigation in the events stated in this Law.
Witnesses shall be responsible for confirming contents and results of the tasks that authorized procedural persons have performed in their presence. Witnesses may state personal opinions. Such opinions shall be recorded in writing.
Article 177. Non-disclosure of investigation secrets
If an investigation must be kept confidential, investigators, investigation officers, procurators and checkers shall demand participants in legal proceedings not to disclose investigation secrets. Such demands shall be recorded in writing.
If investigators, investigation officers, procurators, checkers or participants in legal proceedings disclose investigation secrets, they shall incur disciplinary or administrative penalties or face criminal prosecution according to the nature and degree of their violations as per the laws.
Article 178. Investigation records
Authorized procedural persons, when investigating, must execute their investigations in writing as per Article 133 of this Law.
Investigators and investigation officers, who make written records, must read out such records to the participants in legal proceedings and explain participants’ rights to add their notions and remarks about the records. Additional notions and remarks shall put into the records. If additional notions are rejected, reasons must be specified in the records. Participants in legal proceedings, investigators and investigation officers shall affix signatures onto the records.
If the records are made by procurators or checkers, such records shall be governed by this Article. The records shall be promptly sent to investigators who shall put them in case files.
The making of such records during the stage of charge shall be governed by this Article.
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