Phần thứ hai Bộ luật Tố tụng hình sự 2015: Khởi tố, điều tra vụ án hình sự

PART TWO

CRIMINAL CHARGE AND INVESTIGATION

Chapter IX

CRIMINAL CHARGE

Article 143. Justifications of criminal charges

A charge shall only be filed upon the ascertainment of signs of criminal activities. Signs of criminal activities are ascertained by:

1. A person’s denunciation;

2. Information disclosed by an organization or individual;

3. Information provided through mass media;

4. A governmental authority’s requisitions for charges;

5. Competent procedural authorities' direct exposure of signs of criminal activities;

6. A perpetrator’s confession.

Article 144. Denunciations, criminal information disclosed and requisitions for charges

1. Denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.

2. Criminal information disclosed refers to the data on activities denoting crimes as disclosed by authorities, organizations and individuals to competent authorities or the criminal information disclosed through mass media.

3. Requisitions for charges refers to a competent governmental authority's written requisition enclosed with relevant evidences and documents to investigation authorities and procuracies authorized to consider and settle cases with signs of criminal activities0}

4. Denunciation or criminal information may be made or given verbally or in writing.

5. If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws.

Article 145. Responsibilities and authority to receive and process denunciations, criminal information disclosed and requisitions for charges

1. All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.

2. The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:

a) Investigation authorities and procuracies that obtain denunciations, information and requisitions;

b) Other authorities that take in denunciations and criminal information disclosed.

3. The authority to handle denunciations, information and charge requests is given to:

a) Investigation authorities processing intra vires denunciations, information and requisitions;

b) Units assigned to investigate process denunciations and criminal information disclosed within its powers;

c) The procuracy processes denunciations, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.

4. The authorities empowered to process denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.

Article 146. Procedures for receiving denunciations, criminal information and requisitions for charges

1. When authorities and entities make direct denunciations, disclose criminal information and requisition for charges, investigation authorities, procuracies and units assigned to investigate are authorized as per Section 2, Article 145 of this Law to execute written records of receipt and enter data into a receipt journal. The acquisition of such information may be recorded by sound or sound-and-visual means.

If denunciations, criminal information and requisitions for charges are delivered by post, by telephone or by other means of communication, entries shall be made into a receipt journal.

2. Investigation authorities and units assigned to investigate, if considering certain denunciations, criminal information disclosed and requisitions for charges ultra vires, shall be held responsible for transferring such information and relevant documents to a competent investigation authority in prompt manner.

The procuracy is responsible for promptly transferring denunciations, information and charge requests and relevant documents to a competent investigation authority.

In the events as defined in Point c, Section 3, Article 145 of this Law, competent authorities processing denunciations, information and charge requests shall, in 05 days upon the Procuracy’s requests, transfer relevant documents to The procuracy for consideration and settlement.

3. Ward police units, town police units and police stations shall be responsible for receiving denunciations and criminal information disclosed, making written records of receipt and conducting preliminary verification of such information before promptly transferring such information and relevant documents and items to competent investigation authorities.

Ward police units shall be responsible for acquiring denunciations and criminal information disclosed, making written records of receipt, taking preliminary statements and transferring such information and relevant documents and items to competent investigation authorities.

4. Other authorities and organizations, upon obtaining denunciations and criminal information disclosed, shall transfer such information to competent investigation authorities. In emergency events, information may be given to investigation authorities by phone or other forms of communication. However, such information must subsequently be documented.

5. Investigation authorities and units assigned to investigate, in 03 days upon receiving denunciations, information and requisitions, shall be held responsible for informing the equivalent Procuracy or competent Procuracy of their receipt of information in writing.

Article 147. Time limit and procedures for processing denunciations, criminal information disclosed and requisitions for charges

1. Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue one of the following decisions:

a) Decision to press criminal charges;

a) Decision not to file criminal charges;

c) Decide to suspend the processing of denunciations, information and requisitions.

2. If denunciations, criminal information disclosed or requisitions for charges contain complex facts or the verification of such information must be done in several locations, the time limit for processing such information may be extended but shall not exceed 02 months. If activities of investigation and verification cannot end within the time limit as stated in this Section, the head of the equivalent Procuracy or competent Procuracy can sanction one extension of 02 months at most.

Investigation authorities and units assigned to investigate, in at most 05 days before the end of the time limit for investigation and verification, must send a written request for extension to the equivalent Procuracy or competent Procuracy.

3. Competent authorities, when processing denunciations, information and requisitions, shall perform these activities:

a) Collect data, documents and items from relevant authorities and entities to verify the information;

b) Examine the scenes;

c) Conduct autopsy;

d) Requisition expert examinations and valuation.

4. The sequence, formalities and time limit for the Procuracy's processing of denunciations, information and charge requests are governed by this Article.

Article 148. Suspension of the processing of denunciations, criminal information disclosed and requisitions for charges

1. Competent authorities, upon the expiration of the time limit as defined in Article 147 of this Law, shall decide to suspend the processing of denunciations, information and charge requests in one of the following events:

a) Expert examination, valuation and foreign judicial assistance have been requisitioned to no avail;

b) Though authorities and entities have been asked to provide essential documents and items that lead to the decision to or not to press charges, nothing works.

2. Investigation authorities and units assigned to investigate, in 24 hours upon the decision to suspend the processing of denunciations, information and requisitions, must send such decision and relevant documents to the equivalent Procuracy or competent Procuracy, which administer and forward such decision to the authorities and entities making denunciations, disclosing criminal information and requisitioning charges.

If a suspension decision is unsubstantiated, the Procuracy shall annul such decision to have investigative activities continued. The procuracy, in 24 hours upon its decision to abrogate the suspension, must send its decision to investigation authorities and units assigned to investigate, and authorities and entities making denunciations, disclosing criminal information or requisitioning charges. The time limit for the continued processing of denunciations, information and charge requests shall not exceed 01 month after investigation authorities and units assigned to investigate receive the decision to invalidate the suspension.

3. If the processing of denunciations, information and charge requests is suspended, expert examination, valuation or judicial assistance shall persist until final findings are available.

Article 149. Resumption of the processing of denunciations, criminal information disclosed and requisitions for charges

1. When the vindication for the suspension of the processing of denunciations, information and charge requests languishes, investigation authorities and units assigned to investigate shall decide to resume the processing of denunciations, information and requisitions. The time limit for the continued processing of denunciations, information and charge requests shall not exceed 01 month upon the decision on resumption.

2. Investigation authorities and units assigned to investigate, in 03 days upon their decision to resume the processing of denunciations, information and requisitions, must send such decision to the equivalent Procuracy or competent Procuracy, and authorities and entities making denunciations, disclosing criminal information or requisitioning charges.

Article 150. Settlement of disputes over the authority to process denunciations, criminal information disclosed and requisitions for charges

1. The immediate superior Procuracy shall settle disputes over the authority to process denunciations, information and requisitions. The competent Procuracy shall settle disputes over the authority to process denunciations, information and charge requests among units assigned to investigate.

2. The Supreme People’s Procuracy or the Central military procuracy shall settle disputes over the authority to process denunciations, information and charge requests among provincial investigation authorities or among military investigation units in military zones, respectively. The provincial People’s Procuracy or Military procuracy related to the authority or military zone that first receive denunciations, information and charge requests shall settle disputes over the authority to process denunciations, information and charge requests among district investigation authorities from various provinces or centrally-affiliated cities or among military investigation units from different military zones.

3. The head of the Supreme People’s Procuracy shall settle disputes over the authority to process denunciations, information and charge requests among investigation units of the people's police force, People’s Army and Supreme People’s Procuracy.

Article 151. Settlement of cases exhibiting signs of crime uncovered directly by authorities given authority to institute legal proceedings

Competent procedural authorities, when directly exposing signs of crime, shall decide to press charges within their powers or transfer the cases to competent investigation authorities.

Article 152. Offenders confessing or surrendering

1. The authorities taking in an offender confessing or surrendering must execute written records of his full name, age, occupation, residential address and statements. The authorities taking in offenders confessing or surrendering shall be responsible for informing investigation authorities or procuracies of such matter in prompt manner.

2. Investigation authorities taking in ultra vires offenders confessing or surrendering shall inform competent investigation authorities that handle such offenders.

3. Competent investigation authorities, in 24 hours upon their acceptance of offenders confessing or surrendering, must inform the equivalent Procuracy in writing.

Article 153. Authority to press criminal charges

1. Investigation authorities shall make decisions on pressing criminal charges against all matters exhibiting criminal signs, save those handled by units assigned to investigate, procuracies or juries as per Section 2, 3 and 4 in this Article.

2. Units assigned to investigate shall make decisions on pressing criminal charges in the events as defined in Article 164 of this Law.

3. The procuracy makes decisions on pressing criminal charges in the following events:

a) The procuracy decides to rescind a decision not to press criminal charges from investigation authorities or units assigned to investigate;

b) The procuracy directly processes denunciations, information and requisitions;

c) The procuracy directly exposes signs of crime or respond to a requisition for charges by the Trial panel.

4. The Trial panel decides to press charges or request The procuracy to press criminal charges if omission of crimes is detected during the trial.

Article 154. Decision to press criminal charges

1. A decision to press criminal charges must specify grounds for charges, quote relevant Articles and clauses from the Criminal Code and present details as required in Section 2, Article 132 of this Law.

2. The procuracy, in 24 hours upon its decision to press criminal charges, shall send such decision to competent investigation authorities that carry out investigative activities.

Investigation authorities and units assigned to investigate, in 24 hours upon their decision to press criminal charges, shall deliver such decision and relevant documents to the competent Procuracy that administers the charges.

A Court, in 24 hours upon its decision to press criminal charges, must have such decision and relevant documents delivered to the equivalent Procuracy.

Article 155. Filing of criminal charges as per the crime victim’s petitions

1. Only criminal charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.

Article 156. Amendments to the decision on pressing criminal charges

1. Investigation authorities, units assigned to investigate or procuracies shall amend their decisions to press criminal charges when gaining justifications that charges deviate from actual criminal acts. Moreover, they shall add criminal charges when identifying other criminal acts left uncharged.

2. Investigation authorities and units assigned to investigate, in 24 hours upon their decisions to amend or add criminal charges, must send such decisions to the equivalent Procuracy or competent Procuracy that administers such charges.

The procuracy, in 24 hours upon the decision to amend or add criminal charges, must send such decision to investigation authorities for investigative activities.

Article 157. Justifications of the decision not to press criminal charges

A criminal charge shall not be filed in the presence of one of these justifications:

1. Criminal acts do not exist;

2. Acts do not constitute crime;

3. Persons committing dangerous acts against the society have not reached the age of criminal responsibility;

4. Persons whose criminal acts have been sentenced or lawsuits have been dismissed validly;

5. The prescriptive period for criminal prosecution passes;

6. General amnesty has been granted;

7. The person causing peril against the society is deceased, unless other persons must undergo reopening procedure;

8. The crime victim or its representative does not petition for charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code.

Article 158. Decision not to press or to drop criminal charges

1. When one of the justifications as stated in Article 157 of this Law exists, the individuals authorized to press charges shall decide not to file or to drop criminal charges, if filed, and send notices of reasons to the authority or entities making denunciations, disclosing criminal information or requisition charges. If different measures are deemed necessary, the case shall be transferred to competent authorities for settlement.

A decision not to press or to drop criminal charges and relevant documents, in 24 hours upon the issuance of such decision, must be sent to the equivalent or competent Procuracy.

2. The authority or entities making denunciations or disclosing criminal information are permitted to file complaints against the decision not to press criminal charges. The authority and procedures for the settlement of such complaints are defined in Chapter XXXIII of this Law.

Article 159. Duties and authority of The procuracy exercising prosecution rights to handle criminal information

1. Approve or deny an order on emergency custody, extension of temporary detainment, and other measures that restrict human rights and citizen rights in connection with the handling of criminal information as per this Law.

2. Propose to inspect and verify information, when necessary, and request authorities empowered to process criminal information to conduct inspection and verification.

3. Decide to extend the time limit for the processing of denunciations, criminal information disclosed and requisitions for charges; decide to press criminal charges.

4. Request investigation authorities and units assigned to investigate to press criminal charges.

5. Directly process denunciations, criminal information disclosed or requisitions for charges in the events as defined in the Law.

6. Annul decisions on temporary detainment, decisions to or not to press criminal charges, decisions to suspend the processing of criminal information and other unlawful procedural decisions from investigation authorities and units assigned to investigate.

7. Carry out other duties and powers to exercise prosecution rights as per this Law to prevent omission of crimes and unjust conviction against guiltless people.

Article 160. The procuracy’s duties and authority to acquire and administer the processing of criminal information

1. Receive all denunciations, criminal information disclosed and requisitions for charges from authorities and entities, take in and transfer offenders confessing or surrendering to competent authorities for treatments.

2. Administer the acquisition of information, administer the verification of information and the documentation of criminal information by investigation authorities and units assigned to investigate; administer the suspension of the processing of criminal information; administer the resumption of the processing of criminal information.

3. Request investigation authorities and units assigned to investigate to perform the following activities upon the detection of deficiency or violations in the acquisition and processing of criminal information:

a) Receive, inspect, verify and decide the processing of criminal information in adequate and legitimate manners;

b) Inspect the acquisition and processing of criminal information and report to The procuracy;

c) Provide documents on breach of laws on the acquisition and processing of criminal information;

d) Correct violations of laws and impose strict penalties against the violators;

dd) Request the replacement of investigators and investigation officers.

4. Settle disputes over the authority to handle criminal information.

5. Request investigation authorities and units assigned to investigate to provide documents for the administration of the processing of criminal information.

6. Perform other duties and powers to administer the acquisition and processing of criminal information as per this Law.

Article 161. Duties and authority of The procuracy exercising prosecution rights and administering the pressing of criminal charge

1. The procuracy, when exercising prosecution rights of criminal charges, bears the following duties and authority:

a) Request investigation authorities and units assigned to investigate to press charges or amend or add criminal charges;

b) Annul groundless and unlawful decisions to press charges, decisions to amend or add criminal charges, decisions not to file criminal charges;

c) Appeal to the Court immediately superior to the trial panel that issues an unjustified decision to press criminal charges;

d) Press charges, amend or add criminal charges in the events as defined in this Law;

dd) Perform other duties and authority to exercise prosecution rights of criminal charge as per this Law.

2. The procuracy, when administering the filing of criminal charges, bears the following duties and authority:

a) Administer the legal compliance of charges filed by investigation authorities and units assigned to investigate, make sure that all criminals exposed must face justified and lawful charges;

b) Request investigation authorities and units assigned to investigate to provide relevant documents for the administration of criminal charges;

c) Perform other duties and authority to administer criminal charges as per this Law.

Article 162. Responsibilities of investigation authorities and units assigned to investigate for fulfilling requests and decisions by The procuracy on filing of charges

1. Investigation authorities and units assigned to investigate must execute the requests and decisions to charge from The procuracy.

2. Investigation authorities and units assigned to investigate, despite their protests, bear the obligation to execute decisions as defined in Section 1 and Section 6, Article 159, and Point b, Section 1, Article 161 of this Law and preserve the right to address their angles to the immediate superior Procuracy. The immediate superior Procuracy, in 20 days upon receiving motions from investigation authorities or in 05 days upon obtaining standpoints from units assigned to investigate, shall consider such angles and respond to such authorities and units.

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.

Chapter XI

FILING OF CHARGES AGAINST SUSPECTS AND SUSPECT INTERROGATION

Article 179. Filing of charges against suspects

1. When a person or juridical person is found on sufficient evidences to commit an act defined by the Criminal Code as a crime, investigation authorities shall decide to file charges against suspects.

2. A decision to charge a suspect shall specify time and location for the issuance of such decision; full name and position of the issuer; date of birth, nationality, ethnicity, religion, gender, residential place, occupation of the suspect; crimes against which the suspect is charged, Articles and Sections quoted from the Criminal Code; time, location and other facts of the crimes.

If the suspect is charged against multiple crimes, the decision to charge must specify each crime and Articles and relevant Sections quoted from the Criminal Code.

3. Investigation authorities, in 24 hours upon their decision to charge suspects, must send such decision and relevant documents on charges against suspects to the equivalent Procuracy for approval. The procuracy, in 03 days upon receiving a decision to charge suspects, shall approve or annul such decision or request additional evidences and documents that support its approval and respond to the investigation authority in prompt manner.

If the Procuracy requests further documents and documents, it shall, in 03 days upon receiving such additional evidences and documents, approve or annul the decision to charge suspects.

4. The procuracy, upon the exposure of a perpetrator committing uncharged acts defined as crimes by the Criminal Code, shall request investigation authorities to file charges against the suspect or, if investigation authorities do not respond to such request, shall directly press charges. The procuracy, in 24 hours upon issuing a decision to charge a suspect, must send such decision to investigation authorities for investigation.

The procuracy, when acquiring investigative documents and findings and uncovering other perpetrators of uncharged acts defined as crimes in the Criminal Code, shall press charges against such suspects and return documents to investigation authorities for further investigation.

5. Investigation authorities, upon receiving the Procuracy's decision to charge or approval of their decisions to charge the suspects, must promptly deliver such decision(s) and explain the suspects' rights and duties.

Investigation authorities, upon receiving the approval of their decisions to charge suspects, must take photographs and make identity records of accused persons for the case file.

The delivery of the said decisions shall be executed in writing as per Article 133 of this Law.

Article 180. Amendments to the decision on pressing charges against suspects

1. Investigation authorities or procuracies shall amend their decisions to charge suspects in one of the following events:

a) The suspects are evidently found not to commit charged crimes during the process of investigation;

b) A decision to charge contains incorrect full name, age and personal details of the suspects.

2. Investigation authorities and procuracies, if there are grounds on suspects’ commission of other acts defined as crimes in the Criminal Code, shall supplement their decisions to charge suspects.

3. Investigation authorities, in 24 hours upon altering or supplementing their decisions to charge suspects, must send such decisions and relevant documents to the equivalent Procuracy for approval. The procuracy, in 03 days upon receiving the said amendments or supplements to charges against suspects, shall approve or reject such amendments or supplements or request additional evidences and documents that support its approval and respond to investigation authorities in prompt manner.

If The procuracy requests further documents and documents, it shall, in 03 days upon receiving such additional evidences and documents, approve or reject the said amendments or supplements.

The procuracy, in 24 hours upon amending or supplementing charges against suspects, shall have investigation authorities informed for investigation.

4. Investigation authorities, upon obtaining the Procuracy’s amendments or supplements to charges or its approval or rejection of amendments or supplements, shall inform persons charges of such details.

The delivery of the said decisions shall be executed in writing as per Article 133 of this Law.

Article 181. Suspension of suspects from duty

Investigation authorities, units assigned to investigate and procuracies, when considering a suspect's holding of office as obstruction of investigation, shall be entitled to request authorities or organizations in control of suspects to suspend them from duty. The said authorities and organizations, in 07 days upon receiving such request, must respond in writing to investigation authorities, units assigned to investigate and procuracies that issuing the request.

Article 182. Summoning of suspects

1. Investigators, when convening a suspect, must send out a subpoena. A subpoena for a suspect shall specify the suspect’s full name and residential address; time, date and location for his appearance, schedule of tasks, contact individuals and liabilities for absence not due to force majeure or objective obstacles.

2. The subpoena shall be sent to local authorities at the commune, ward or town where the suspect resides or his workplace or educational facility. The authorities or organizations receiving the subpoena are held responsible for forwarding it to the suspect in prompt manner.

The suspect, when receiving the subpoena, must sign and date the recipient’s Section. The forwarder of the subpoena shall deliver the subpoena’s Section bearing the suspect’s signature to the authority issuing the subpoena. If the suspect does not affix signature, a written record of his non-compliance shall be made and sent to the summoning authority. If the subpoena cannot be delivered due to the suspect’s absence, it shall be given to his family member possessing legal capacity, who affixes signature and forward the paper to the suspect.

3. The suspect bear the obligation to appear as per the subpoena. Avoidance behavior or absence not due to force majeure or objective obstacles shall lead to investigators’ decision to deliver by force.

4. Procurators, if necessary, may convene suspects. Summoning of a suspect shall be governed by this Article.

Article 183. Suspect interrogation

1. Investigators, upon the issuance of a decision to charge a suspect, shall interrogate suspects. A suspect may be interrogated at the investigated scenes or at suspects' place of residence. Investigators, before interrogating a suspect, must inform procurators and defense counsels of the time and location for interrogation. Procurators, if necessary, shall participate in the suspect interrogation.

2. Investigators, before conducting the first session of interrogation, must explain to the suspect his rights and duties as defined in Article 60 of this Law. Such activities shall be recorded in writing.

If there are several suspects, they shall be separately interrogated and prevented from interacting with each other. A suspect may be permitted to write his statements.

3. Suspect interrogation does not occur at night, unless otherwise indispensable. Reasons must be clarified in the written record.

4. Procurators interrogate suspects, who claim innocence or complain of investigative activities, or in the presence of grounds showing investigative activities' non-compliance with laws or in other events deemed necessary. Procurators’ suspect interrogation shall be governed by this Article.

5. Investigators, investigation officers, procurators and checkers extorting statements and torturing suspects shall incur criminal liabilities as per the Criminal Code.

6. Suspect interrogation at a detention facility or the office of investigation authorities or units assigned to investigate shall be recorded by sound or sound-and-visual means.

Suspect interrogation at various places shall be recorded by sound or sound-and-visual means at the requests for the suspect or competent procedural authorities and persons.

Article 184. Written records of suspect interrogation

1. Every session of suspect interrogation shall be recorded in writing.

A written record of suspect interrogation shall be made according to Article 178 of this Law and contain all statements from the suspect, questions and answers. Investigators and investigation officers are inhibited to alter the suspect's statements.

2. Investigators and investigation officers, after conducting interrogation, shall read out the written record or let the suspect read it. If there are amendments to the written record, investigators, investigation officers and suspects shall affix signatures to endorse such. If a written record has several pages, the suspect shall sign every page. If the suspect writes the statement by himself, investigators, investigation officers and suspects shall affix signatures to endorse such self-declared statement.

3. If an interpreter attends the suspect interrogation, investigators and investigation officers must explain the interpreter's rights and duties and the suspect's right to change the interpreter. Every page of the interrogation record shall bear the interpreter’s signature.

If a defense counsel or representative of the suspect attends the interrogation, investigators and investigation officers must explain the attendees' rights and duties during the process of interrogation. Suspects, defense counsel or representative shall affix signatures onto the written record of interrogation. If the defense counsel is permitted to address questions to the suspect, the written record must contain all inquiries raised by the defense counsel and the suspect's responses.

4. If a procurator interrogates the suspect, the written record shall abide by this Article. The written record of suspect interrogation shall be promptly sent to investigators to be put into case files.

Chapter XII

DEPOSITION BY TESTIFIERS, CRIME VICTIMS, CIVIL PLAINTIFFS, CIVIL DEFENDANTS AND PERSONS HAVING INTERESTS AND DUTIES IN CONNECTION WITH THE CASE, CONFRONTATION AND IDENTIFICATION

Article 185. Summoning of witness testifiers

1. Investigators, when summoning witness testifiers for deposition, shall send out a subpoena.

2. A subpoena for a witness testifier shall specify the witness testifier’s full name, residential address or work address or educational facility’s address; time, date and location for his appearance, objectives, tasks and schedule, contact individuals and liabilities for absence not due to force majeure or objective obstacles.

3. The delivery of the subpoena is as follows:

a) The subpoena is given to the witness testifier directly or through local authorities at the commune, ward or town where the witness testifier resides or his workplace or educational facility. In all circumstances, signatures must be affixed to confirm the delivery of the subpoena. Local authorities at the commune, ward and town where the witness testifier resides or his workplace or educational facility shall be responsible for supporting the witness testifier to perform his duties;

b) The subpoena for a witness testifier less than 18 years of age shall be given to his parents or representative.

c) The delivery of the subpoena for the witness testifier according to a foreign entity's judicial delegation shall be governed by this Article and the Law on judicial assistance.

4. Procurators, if necessary, may convene the witness testifier for deposition. Summoning of a witness testifier shall be governed by this Article.

Article 186. Deposition by witness testifiers

1. A witness testifier’s deposition shall be carried out at the investigative scene, his residential place or workplace or educational facility.

2. If there are several witness testifiers in a case, each person shall give testimonies separately and prevented from interacting with others during the process of deposition.

3. Investigators and investigation officers, before conducting depositions, must explain witness testifiers’ rights and duties as per Article 66 of this Law. Such activities shall be recorded in writing.

4. Investigators, before inquiring into the case, must ask about the relationship of the witness testifiers, suspects and defendants and personal information of the witness testifiers. Investigators, before raising questions, shall ask the witness testifiers to speak or write their knowledge of the case in honest and voluntary manners.

5. If investigators' deposition sessions are deemed biased or unlawful, procurators shall take statements from witness testifiers. If evidences and documents must be clarified to facilitate the Procuracy’s charges or its approval or rejection of the investigation authority’s decision to charge, witness testifiers’ statements shall be taken by procurators. Witness testifiers' depositions shall be governed by this Article.

Article 187. Written records of witness testifiers’ depositions

A written record of witness testifiers’ depositions shall be made according to Article 178 of this Law.

Witness testifiers’ depositions may be recorded by sound or sound-and-visual means.

Article 188. Summoning of crime victims and litigants for deposition

Summoning of crime victims and litigants for deposition shall be governed by Article 185, 186 and 187 of this Law.

The taking of testimonies from crime victims and litigants may be recorded on sound recorder or camcorder.

Article 189. Confrontation

1. If testimonies from two or several persons come into conflict despite various investigative measures implemented, investigators shall conduct a confrontation. Investigators, before carrying out a confrontation, must inform the equivalent Procuracy to assign procurators administering the confrontation. Procurators must be present to administer the confrontation. The procurators' absence shall be clearly described in the written record of confrontation.

2. Investigators must explain liabilities against witness testifiers or crime victims refusing, avoiding or falsifying depositions, prior to their participation in a confrontation. Such process shall be recorded in writing.

3. Investigators, at the beginning of the confrontation, shall inquire into the mutual relationship of attendees before asking about facts to be clarified. Investigators, after listening to the confrontation, may raise additional questions to each attendee.

Investigators, during the confrontation, can present relevant evidences, documents and items. Attendees may question each other. Their questions and answers shall be reduced to writing.

Attendees’ previous statements shall be restated only after the attendees in the confrontation complete their depositions.

4. The written record of confrontation is made according to Article 178 of this Law. The confrontation may be recorded by sound or sound-and-visual means.

5. Procurators, if necessary, may organize the confrontation. Confrontation shall be governed by this Article.

Article 190. Identification

1. Investigators, when necessary, may present persons, photos or items to witness testifiers, suspects or defendants for identification.

There must be at least three externally identical persons, photos or items to be identified, except for the identification of corpses.

Investigators, prior to the identification, must inform the equivalent Procuracy to assign procurators administering the process of identification. Procurators must be present to administer the identification. The procurators' absence shall be clearly described in the written record of identification.

2. The following persons bear the obligation to attend a process of identification:

a) Witness testifiers, crime victims or defendants;

b) Witnesses.

3. Investigators must explain liabilities against witness testifiers or crime victims refusing, avoiding or falsifying depositions, prior to their participation in a session of identification. Such activities shall be recorded in writing.

4. Investigators must first inquire into the identifying persons' knowledge of facts, traces and traits that may facilitate their progress of identification.

During the process of identification, investigators shall not raise suggestive questions. After the identifying person recognizes an individual, item or photo displayed for identification, investigators shall request to know his justifications from traces and traits that result in the recognition of such individual, item or photo.

5. The written record of identification shall be made according to Article 178 of this Law. The written record shall specify the identity and health conditions of the identifying person and individuals to be identified; characteristics of items and photos shown for identification, identifying persons' statements; lighting conditions during the process of identification.

Article 191. Recognition of voices

1. Investigators, when necessary, may let crime victims, witness testifiers or arrestees, detainees and defendants to recognize voices.

There must be at least three voices in similar timbre and loudness.

Investigators, prior to the recognition of voices, must inform the equivalent Procuracy to assign procurators administering the process of voice recognition. Procurators must be present to administer the process of voice recognition. The procurators' absence shall be clearly described in the written record of voice recognition.

2. The following persons bear the obligation to attend a process of voice recognition:

a) Expert witnesses of sound;

b) Persons requested to recognize voices;

c) Persons presented to be recognized by voice, unless voice recognition is done through a sound recorder;

d) Witnesses.

3. Investigators must explain liabilities against witness testifiers or crime victims refusing, avoiding or falsifying depositions, prior to their participation in a session of voice recognition. Such activities shall be recorded in writing.

4. Investigators must first ask identifying persons about their knowledge of traits that help their recognition of voices.

During the process of voice recognition, investigators shall not raise suggestive questions. After the identifying person recognizes one of the voices projected, investigators shall ask him to explain traits that he relies on to recognize a voice.

5. The written record of voice recognition shall be made according to Article 178 of this Law. The written record shall specify the identity and health conditions of the identifying person and individuals whose voices are recognized; characteristics of voices projected for recognition, identifying persons' statements; lighting conditions during the process of voice recognition.

Chapter XIII

SEARCH, SEIZURE AND IMPOUNDMENT OF DOCUMENTS AND ITEMS

Article 192. Justifications for search of body, residence, workplace, area, vehicle, document, item, mail, telegraphy, postal package and electronic data

1. Search of body, residence, workplace, area, vehicle shall only be permissible in the presence of justifications showing the existence of criminal instruments, documents, items, property obtained by crime or other objects, electronic data, documents related to the case on the body or in the residence, workplace, site and vehicle.

Search of residence, workplace, area and vehicle shall be conducted to seek wanted persons or search and rescue crime victims.

2. If there are justifications showing the existence of criminal instruments, documents, items and property related to the case in mails, telegraphs, postal packages and electronic data, such items and data shall be searched.

Article 193. The authority to issue search warrants

1. Competent individuals as defined in Section 1, Article 113 of this Law are entitled to issue search warrants. Search warrants issued by individuals as defined in Section 2, Article 35 and Point a, Section 1, Article 113 of this Law must be approved by The procuracy prior to the enforcement of such warrants.

2. In emergency events, competent individuals as defined in Section 2, Article 110 of this Law shall be entitled to issue search warrants. Individuals issuing search warrants, in 24 hours upon the completion of the search, must send written notices to the equivalent Procuracy or The procuracy empowered to exercise prosecutors; rights and administer cases and lawsuits.

3. Investigators, before conducting the search, must inform the equivalent Procuracy of the time and location of the search to have procurators assigned to administer the search, except for emergency circumstances. Procurators must be present to administer the search. The procurators' absence shall be clearly described in the written record of the search.

4. All cases of search shall be executed in writing according to Article 178 of this Law and entered into case files.

Article 194. Search of body

1. Enforcers of a search warrant, before searching body, must read out the warrant and let the searched person read it. The searched person and attendees in the search shall hear explanations of their rights and duties.

Searchers must request the searched persons to present documents and items related to the case. If they refuse or present insufficient items and documents related to the case, the search shall occur.

2. The search of a person's body shall be carried out by a person of same gender and witnessed by other individuals of same gender. The search process shall not affect the life, health, property, honor and dignity of the person searched.

3. Body search shall be permissible without a warrant in case of an arrest or in the presence of justifications asserting that the person present at the location of the search is concealing weapons, evidences, documents and items in connection with the case.

Article 195. Search of residence, workplace, area and vehicle

1. Search of residence requires the presence of the suspect or a co-resident person from 18 years of age, representatives of local authorities at communal of the commune, ward or town (at communal or lower level). If the suspect or the co-resident person is intentionally absent, absconds or fails to appear for any reasons, the search of residence, if not deferrable, shall be conducted in the presence of the representatives of local authorities at communal or lower level and two witnesses.

Search of residence shall not commence at night, except for emergency circumstances that must be specified in writing.

2. The person, when his residence is searched, must be present. Despite the absence of such person, the search of residence, if not deferrable, shall occur and be reduced to writing.

Search of workplace requires the presence of the representative of the organization employing the suspect. If the said representative of the employer is absent, the search shall occur in the presence of the representatives of local authorities at communal or lower level and 02 witnesses.

3. Search of an area requires the presence of the representatives of local authorities and witnesses.

4. Search of a vehicle requires the presence of the owner or manager of such vehicle or witnesses. If the owner or manager of the vehicle is absent, absconds or fails to appear for any reasons, the search, if not deferrable, shall occur in the presence of two witnesses.

A relevant specialist may be summoned to participate in the search of a vehicle.

5. The persons attending a search of residence, workplace, area or vehicle shall not be left to the discretion of leaving the place searched, contacting or interacting with each other or other individuals until the completion of the search.

Article 196. Seizure of electronic media and data

1. Seizure of electronic media and data is conducted by authorized procedural persons. Relevant specialists may be summoned to attend the search. If seizure is not viable, data shall be transferred to a storage medium and stored as a piece of evidence.

2. Seizure of electronic media may include accompanying peripherals and relevant documents.

Article 197. Seizure of mails, telegraphs and postal packages at the premises of providers of postal or telecommunications services

1. Investigation authorities, when affirming the necessity of the seizure of mails, telegraphs and postal packages at the premises of providers of postal or telecommunications services, shall issue a search warrant. The said warrant, prior to enforcement, must be approved by an equivalent Procuracy.

2. If the seizure of the said items cannot be delayed, investigation authorities shall carry it out and specify reasons in writing. The report of the seizure, after completed, and relevant documents shall be promptly delivered to the equivalent Procuracy for ratification.

The procuracy, in 24 hours upon receiving the request for ratification and documents related to the seizure of mails, telegraphs and postal packages, shall decide to approve and reject the request. If The procuracy rejects the said request, the issuer of the seizure warrant shall immediately return the items seized to the providers of postal and telecommunications services. Moreover, the recipients of mails, telegraphs or postal packages seized shall be informed.

3. The enforcers of the warrant, before seizing items, must inform the managerial personnel of the concerned providers of postal or telecommunications services. Managerial personnel of concerned providers of postal or telecommunications services must support the enforces of the warrant to accomplish their missions.

Seizure of mails, telegraphs and postal packages requires the presence of the representative of postal or telecommunications service providers, who shall sign the written record of the seizure.

The authority issuing the seizure warrant shall notice the recipients of mails, telegraphs and postal packages seized. If the said notice obstructs investigative activities, the authority issuing the seizure warrant shall promptly deliver the notice upon the disappearance of such obstruction.

Article 198. Impoundment of documents and items during a search

1. Investigators, when conducting a search, shall be permitted to impound items deemed as evidences and documents in direct connection with the case. Items prohibited from storage or circulation shall be seized and transferred to competent authorities in prompt manner. If sealing is necessary, items shall be sealed in the presence of the owner, manager, witnesses, family members as representatives, and representatives of local authorities at communal or lower level.

2. The impoundment of items and documents during a search shall be executed in writing as per Article 133 of this Law. A written record of impounds shall be made into four originals. One is given to the owner or manager of the items or documents. One is stored in the case file. One is submitted to the equivalent Procuracy. One is delivered to the authority managing items and documents impounded.

Article 199. Responsibilities for preserving vehicles, documents, items, electronic data, mails, telegraphs, postal packages seized, impounded or sealed

1. Vehicles, documents, items, electronic data, mails, telegraphs and postal packages seized, impounded or sealed must be preserved in intact conditions.

2. Criminal liabilities as per the Criminal Code shall be imposed on persons breaking seals, consuming, transferring, swapping, hiding or ruining vehicles, documents, items, electronic data, telegraphs and postal packages.

Article 200. Liabilities of individuals issuing and enforcing warrants of search, seizure and impoundment.

Individuals issuing or enforcing warrants of search, seizure or impoundment in illegal manners shall incur disciplinary treatments or face criminal prosecution according to the nature and degree of violations as per the laws.

Chapter XIV

CRIME SCENE EXAMINATION, AUTOPSY, INSPECTION OF TRACES ACROSS A BODY, EXPERIMENTAL INVESTIGATION

Article 201. Crime scene examination

1. Investigators organize the examination of the scenes where crimes occur or criminals are detected to seek criminal traces, evidences, relevant documents, items and electronic data and to elucidate facts significant to the case.

2. Investigators, before examining crime scenes, must inform the equivalent Procuracy of the time and location of an examination to have procurators assigned to administer such examination. Procurators must be present to administer a crime scene examination.

An examination of crime scenes requires the presence of witnesses. Suspects, defense counsels, crime victims and witness testifiers may be permitted and specialists may be summoned to participate in the examination.

3. A crime scene examination requires the taking of photographs and making of crime scene sketches, descriptions, measurements and mockups. Moreover, criminal traces, documents and items related to the case shall be examined on-site and collected. Results of the examination shall be clearly reduced to writing. The written record of crime scene examination shall be made according to Article 178 of this Law.

If documents and items seized cannot be examined on-site, they shall be kept intact or sealed and transported to the investigation site.

Article 202. Autopsy

1. Forensic post-mortem expert witnesses shall conduct an autopsy under the management of investigators. An autopsy shall require witnesses.

Investigators, before examining corpses, shall inform the equivalent Procuracy of the time and location of the autopsy to have procurators assigned to administer such examination. Procurators must be present to administer an autopsy.

2. Forensic autopsy technicians may be summoned to participate in a post-mortem examination to expose and collect traces for expert examination.

3. An autopsy requires the taking of photographs and description of traces across the body. Photographs and samples shall be taken and preserved for expert examination. Results of the post-mortem examination shall be specified in writing. The written record of autopsy is made according to Article 178 of this Law.

4. Investigation authorities, if requiring burial excavation, shall issue a decision and have the deceased person’s family members informed in advance. If family members of the deceased do not exist or are unidentified, representatives of local authorities at the commune, ward or town where the body is buried shall be informed.

Article 203. Inspection of traces across a body

1. Investigators, when necessary, shall inspect the body of an emergency detainee, arrestee, person on temporary detainment, suspect, crime victim or witness testifier for criminal traces or other signs significant to solve the case. Investigation authorities, when necessary, shall requisition expert examination.

2. The inspection of traces across the body of a person must be carried out and witnessed by individuals of same gender. A doctor of medicine, if necessary, shall be summoned.

It is prohibited to violate the health, honor and dignity of the person whose body is inspected for traces.

An inspection of bodily traces shall be described in a written record. Photographs or expert examination shall be required if necessary.

The written record of bodily trace inspection shall be made according to Article 178 of this Law.

Article 204. Experimental investigation

1. Investigation authorities, in order to inspect and verify documents and acts significant to solve the case, may conduct experimental investigation by reproducing a crime scene, replaying acts, situations or other facts of a certain event and by performing other experimental activities deemed necessary. An experimental investigation requires measurements, photographs, video recording, sketches. Results of the experimental investigation shall be specified in writing.

An experimental investigation is prohibited from violating the life, health, honor, dignity and property of participants in the investigation and other people.

2. Investigators, before conducting an experimental investigation, must inform the equivalent Procuracy of the time and location of the investigation. Procurators must be present to administer an experimental investigation. The procurators' absence shall be specified in writing.

3. Investigators shall organize the execution of an experimental investigation. Witnesses during the investigation is required.

Investigation authorities may summon a specialist to participate in an experimental investigation. Temporary detainees, suspects, defense counsels, crime victims and witness testifiers, if necessary, may be participate in an experimental investigation.

4. The procuracy, if necessary, shall administer an experimental investigation. Experimental investigations shall be conducted according to this Article.

Chapter XV

EXPERT EXAMINATION AND VALUATION

Article 205. Requisition for expert examination

1. Competent procedural authorities, in an event deemed necessary or defined in Article 206 of this Law, decide to requisition expert examinations.

2. A decision to requisition expert examination shall specify:

a) Names of the authority and competent individual requisitioning expert examination;

b) Full name of organizations and persons requested to conduct expert examination;

c) Name and traits of the subject to be examined;

d) Name of a relevant document or sample enclosed (if available);

dd) Contents of requisitions for expert examination;

e) Date of the expert examination and deadline for findings.

3. An authority, in 24 hours upon issuing a decision to requisition expert examination, must send such decision, documents and examined subjects to the entities conducting the examination. Moreover, such decision shall be sent to The procuracy empowered to exercise prosecution rights and administer investigative activities.

Article 206. Mandatory expert examinations

Expert examinations are mandatory to corroborate:

1. mental conditions of the accused person when doubts of their criminal capacity arise. Mental conditions of witness testifiers or crime victims shall be verified when there are doubts of their awareness and capacity of providing accurate statements on facts of a case;

2. the age of suspects, defendants and crime victims if it is significant to solve the case and there is no document to determine their exact age or the authenticity of such documents is doubtful;

3. causes of death;

4. properties of injuries, degree of harms against health or work capacity;

5. narcotics, military weapons, explosives, inflammables, toxic, radioactive substances, counterfeit money, gold, silver, precious metal, precious stones, antiques;

6. level of environmental pollution.

Article 207. Petition for expert examinations

1. Litigants or their representatives are entitled to petition competent procedural authorities for requisitioning exert examinations of matters regarding their legitimate rights and benefits, except for examinations that determine criminal liabilities of accused persons.

Presiding authorities, in 07 days upon receiving the petition, must consider and decide to requisition expert examinations. Petitioners shall be informed in writing of the rejection of their petitions and reasons. Petitioners shall be entitled, when the deadline passes or they receive the written rejection from competent procedural authorities, to consult expert witnesses by themselves.

2. Petitioners of expert examinations shall have rights and duties as per the Law on judicial expert examination.

Article 208. Time limit for expert examination

1. Time limit for mandatory expert examination is:

a) 03 months at most for events as defined in Section 1, Article 206 of this Law;

b) 01 month at most for events as defined in Section 3 and Section 6, Article 206 of this Law;

c) 09 days at most for events as defined in Section 2, 4 and 5, Article 206 of this Law.

2. Time limit for expert examination for other events shall be subject to the decision to requisition expert examination.

3. If expert examination fails to occur within the time limit as stated in Section 1 and Section 2 of this Article, entities conducting such examinations must inform authorities and persons requesting examinations in writing of such delay and reasons.

4. Time limit for expert examination as stated in this Article applies to expert examinations added or repeated.

Article 209. Process of expert examination

1. The process of expert examination shall occur at premises of authorities conducting examinations or at places of investigation upon the issuance of a decision to requisition examinations.

Investigators, procurators, judges and petitioners for expert examinations can participate in the examinations after informing expert witnesses of their attendance.

2. Expert examinations shall be conducted by individuals or group of persons.

Article 210. Additional expert examinations

1. Additional expert examinations shall be conducted in the following events:

a) Findings from an expert examination are obscure or inadequate;

b) Expert examinations must be carried out on new matters in connection with existing facts of the case, which were verified through previous examinations.

2. Additional expert examinations may be conducted by entities performing previous ones or other entities.

3. The requisition for additional expert examinations shall be processed in the same method of the first examination.

Article 211. Repeated expert examinations

1. Expert examinations shall be repeated when the accuracy of the first examination is in doubt.  A repeated expert examination must be performed by different expert witnesses.

2. The authority requisitioning expert examinations shall decide the repetition of an examination on its own discretion or according to petitions by participants in legal proceedings. If the individual authorized to requisition expert examination rejects the request for examination repetition, the person making such request shall be informed in writing of the rejection and reasons.

3. If the repeated expert examination and the initial one inspect the same matter but produce different findings, the individual authorized to requisition examinations shall make decisions on repeating the examination for the second time.  The second repeated expert examination shall be conducted by the panel of expert examination according to the Law on judicial expert examination.

Article 212. Repetition of expert examination in special circumstances

The head of the Supreme People’s Procuracy or Court president of the Supreme People’s Court, in special circumstances, shall decide the repetition of expert examinations after the panel of expert examination present its findings. A new panel shall repeated an expert examination in special circumstances. Participants in the previous examination shall not attend the repeated one. Findings of the repeated expert examination in this event shall contribute to the settlement of the case.

Article 213. Conclusion of expert examinations

1. The conclusion of an expert examination must specify findings on matters, of which examinations have been requisitioned, and other matters as per the Law on judicial expert examination.

2. Entities performing expert examinations, in 24 hours upon generating findings, shall deliver such results to the authorities or persons requesting examinations.

The authorities or persons requesting expert examinations, in 24 hours upon receiving the said findings, shall forward them to The procuracy that exercise prosecution rights and administer investigative activities.

3. The authorities or persons requesting expert examinations, in order to clarify findings, shall be entitled to ask for expert witnesses' explication of such findings and further details of facts deemed necessary.

Article 214. Rights of suspects, defendants, crime victims and other participants in legal proceedings to findings of expert examinations

1. Competent procedural authorities, in 07 days upon receiving petitions for expert examinations from suspects, defendants, crime victims and other participants in legal proceedings, shall consider and make decisions on requisition for expert examinations.

2. Competent procedural authorities, in 07 days upon obtaining findings of expert examinations, shall inform suspects, defendants, crime victims and other participants in legal proceedings of such findings.

3. Suspects, defendants, crime victims and other participants in legal proceedings shall be entitled to state their opinions on findings of expert examinations or to petition for additional or repeated examinations. Investigation authorities, procuracies and Courts must record the said persons’ direct statements in writing.

4. If investigation authorities, procuracies and Courts reject petitions by suspects, defendants, crime victims or other participants in legal proceedings, petitioners shall be informed in writing of such rejection and reasons.

Article 215. Requisition for valuation

1. Competent procedural authorities, when requiring the valuation of property for the settlement of criminal cases, shall requisition valuation in writing.

2. A written requisition for valuation shall specify:

a) Names of the authority and competent individual requisitioning valuation;

b) Name of the panel that is requested to valuate property;

c) Name and traits of the property to be valuated;

d) Name of relevant documents (if any);

dd) Contents of requisitions for valuation;

e) Date of valuation and deadline for findings.

3. The authorities requesting valuation, in 24 hours upon issuing the written request for valuation, must deliver such request, documents and objects to be valuated to the Panel of valuation. Moreover, the written request for valuation shall be sent to the Procuracy that exercise prosecution rights and administer investigative activities.

4. The requisition for property valuation to settle civil cases in criminal lawsuits shall be governed by the laws on civil procedure.

Article 216. Deadline for valuation

Time limit for process and conclusion of property valuation shall be subject to the written request for valuation.  If property valuation fails to occur within the requested time limit, the Panel of valuation shall promptly inform authorities or persons requesting valuation in writing of such delay and reasons.

Article 217. Process of property valuation

1. The Panel of valuation shall valuate property. The meeting for property valuation shall be carried out at the location of the property appraised or other places aas per decisions of the Panel of valuation.

Investigators, procurators and judges can attend the property valuation meeting after informing the Panel of valuation in advance. The said individuals, when permitted by the Panel of valuation, can provide their opinions.

2. The government shall regulate the details of the establishment and operation of the Panel of valuation; sequence and procedure for valuation of property.

Article 218. Repetition of property valuation

1. If findings of the initial process of valuation are in doubt, competent procedural authorities shall requisition the repetition of the valuation process on their own discretion or according to petitions by accused persons or other participants in legal proceedings. The repeated valuation process shall be conducted by the immediate superior Panel of valuation.

2. If the initial and repeated processes of valuation generate contradictory findings on the value of the property appraised, competent procedural authorities shall requisition in writing the repetition of the valuation process for the second time. The second repeated valuation process shall be conducted by a competent Panel of valuation. Findings of the repeated valuation process in this event shall contribute to the settlement of the case.

Article 219. Valuation of property missing or evanishing

If the property missing or evanishing must be appraised, the process of valuation shall be subject to the documents that compile information and papers on such property.

Article 220. Repetition of property valuation in special circumstances

The head of the Supreme People’s Procuracy or Court president of the Supreme People’s Court, in special circumstances, shall decide the repetition of property valuation after the Panel of valuation provides findings of the second repeated valuation process. A new panel shall perform the valuation process repeated in special circumstances. Participants in the previous valuation process shall not attend the repeated one. Findings of the repeated valuation process in this event shall contribute to the settlement of the case.

Article 221. Conclusion of property valuation

1. The conclusion of a property valuation process must specify findings on the value of the property  according to the request for valuation and other details as per the laws.

2. The Panel of valuation, in 24 hours upon concluding the valuation process, must send its findings to the authorities and persons requesting valuation.

The authorities or persons requesting valuation, in 24 hours upon receiving the said findings, shall forward them to The procuracy that exercise prosecution rights and administer investigative activities.

3. The authorities requesting valuation, in order to clarify findings, shall be entitled to ask the Panel of valuation for explanations of such findings and further details of facts deemed necessary.

Article 222. Rights of suspects, defendants, crime victims and other participants in legal proceedings to findings of property valuation

1. Competent procedural authorities, in 07 days upon receiving petitions for property valuation from suspects, defendants, crime victims and other participants in legal proceedings, shall consider and make written decisions on requisition for property valuation.

2. Competent procedural authorities, in 07 days upon acquiring findings of property valuation, shall inform suspects, defendants, crime victims and other participants in legal proceedings of such findings.

3. Suspects, defendants, crime victims and other participants in legal proceedings shall be entitled to state their opinions on the findings of property valuation and to request the repetition of property valuation. Investigation authorities, procuracies and Courts must record the said persons’ direct statements in writing.

4. If investigation authorities, procuracies and Courts reject petitions by suspects, defendants, crime victims or other participants in legal proceedings, petitioners shall be informed in writing of such rejection and reasons.

Chapter XVI

SPECIAL METHODS OF INVESTIGATION AND LEGAL PROCEEDINGS

Article 223. Special methods of investigation and proceedings

After filing charges, authorized procedural persons during the stage of investigation shall be entitled to enforce special methods of investigation and proceedings:

1. Secret recording by sound or sound-and-visual means;

2. Secret phone tapping;

3. Secret collection of electronic data.

Article 224. Circumstances for enforcement of special methods of investigation and proceedings

Special methods of investigation and proceedings shall apply to these circumstances:

1. Breach of national security, drug-related crimes, corruption, terrorism, money laundering;

2. Other organized crimes categorized as extremely severe felonies.

Article 225. Duties and authority to decide and enforce special methods of investigation and proceedings

1. Heads of provincial investigation authorities and military investigation authorities of a military zone or higher level shall decide to enforce special methods of investigation and proceedings on their own discretion or as per requests for heads of provincial People’s Procuracy and Military procuracy of the military zone. If a district investigation authority or local military investigation authority handles the case, the heads of such authorities shall recommend the heads of the provincial investigation authority or military investigation authority of the military zone to consider and enforce such methods.

2. A decision to implement special methods of investigation and proceedings must specify essential information of the subjects for such methods, names of methods, duration, location for enforcement, authorities enforcing special methods of investigation and proceedings and other details as per Section 2, Article 132 of this Law.

3. The decision to implement special methods of investigation and proceedings, before executed, must be approved by the head of the equivalent Procuracy. The head of the investigation authority issuing such decision is responsible for controlling the enforcement of the methods in strict manner and promptly requesting The procuracy to terminate methods deemed unnecessary.

Specialized units of the people’s police force and people’s arm shall be responsible for implementing special methods of investigation and proceedings according to the laws.

4. Heads of investigation authorities, competent procuracies and enforcers of special methods of investigation and proceedings must maintain confidentiality.

Article 226. Time limit for special methods of investigation and proceedings

1. Time limit for a special method of investigation and proceedings shall not exceed 02 months upon the approval by the head of The procuracy. Time limit may be extended in complex circumstances but shall not exceed the time limit for investigation as defined in this Law.

2. The head of the investigation authority issuing the enforcement decision, in at least 10 days prior to the expiration of the time limit for special methods of investigation and proceedings, shall request the head of The procuracy in writing to consider and approve the extension, if deemed essential by the former.

Article 227. Use of information and documents collected through special methods of investigation and proceedings

1. Information and documents collected through special methods of investigation and proceedings shall only be used to press charges, investigate, prosecute and adjudicate criminal lawsuits. Documents and information irrelevant to the case must be disposed in timely manner.

It is prohibited to exploit such information, documents and evidences for other purposes.

2. Information and documents collected through special methods of investigation and proceedings may be used as evidences to solve the case.

3. Investigation authorities shall be responsible for informing the head of The procuracy approving the former’s decision of the results of special methods of investigation and proceedings.

Article 228. Termination of special methods of investigation and proceedings

The head of The procuracy approving the decision to enforce special methods of investigation and proceedings shall annul such decision promptly in the following events:

1. As per the written request by the head of the competent investigation authority;

2. There are violations in the process of special methods of investigation and proceedings;

3. Special methods of investigation and proceedings are no longer necessary.

Chapter XVII

SUSPENSION AND CLOSURE OF INVESTIGATION

Article 229. Suspension of investigation

1. Investigation authorities shall decide to suspend investigative activities in one of the following events:

a) Suspects are unidentified or their whereabouts are unknown despite the expiration of the investigation time limit. If the location of suspects is unknown, investigation authorities must issue wanted notices before suspending the investigation;

b) If judicial expert examination finds that suspects suffer from mental illness or fatal diseases, the investigation may be suspended ahead of schedule;

c) Time limit for investigation expires while expert examination, property valuation or judicial assistance, though requested, does not progress. In such event, expert examination, valuation process and judicial assistance shall continue until results are achieved.

2. If there are several suspects in one case but the reason for suspension of investigation does not apply to all of them, the investigative activities against each suspect shall be suspended separately.

3. Investigation authorities, in 02 days upon deciding to suspend the investigation, shall send such decision to the equivalent Procuracy, suspects, their defense counsels or representatives and deliver notices to the crime victims, litigants and protectors of their legitimate rights.

Article 230. Termination of investigation

1. Investigation authorities shall decide to terminate investigative activities in one of the following events:

a) As per justifications as defined in Section 2, Article 155 and Article 157 of this Law or in Article 16 or Article 29 or Section 2, Article 91 of the Criminal Code;

b) Time limit for investigation expires though suspects are not proved to commit crimes.

2. A decision to terminate investigation shall specify time and issuing place of the decision, reasons and justifications, termination of preventive and coercive measures, return of documents and items impounded (if any), handling of evidences and relevant matters.

If there are several suspects in one case but the reason for suspension of investigation does not apply to all of them, the investigative activities against each suspect shall be terminated separately.

3. The procuracy, in 15 days upon receiving the decision to terminate investigation and case files from investigation authorities, shall consider justifications of such decision and return case files to investigation authorities that handle intra vires matters. If the suspension decision is deemed unjustified, it shall be abrogated and investigation authorities shall be requested to resume investigative activities. If justifications of prosecution suffice, the Procuracy shall nullify the decision on investigation suspension and decide to prosecute according to the time limit, sequence and formalities as stated in this Law.

Article 231. Seeking of suspects

1. Investigative authorities shall decide to issue wanted notices against suspects on the loose or in unknown places.

2. A wanted notice shall specify full name, date of birth, residential address of suspects, their traits for identification, crimes against which suspects are charged and other details as per Section 2, Article 132 of this law; and suspects' photos (if available).

A wanted notice for a suspect shall be sent to the equivalent Procuracy and publicly announced for everyone to detect and detain the wanted person.

3. Upon the capture of the suspect as per the wanted notice, the investigation authority issuing such notice shall terminate it. A decision to terminate wanted notice shall be sent to the equivalent Procuracy and publicly announced.

Article 232. Closure of investigation

1. Investigation authorities, when closing an investigation, must conclude the investigation in writing.

2. The investigation ends when the investigation authorities concluding the investigation requisition charges or terminate the investigation.

3. The written conclusion of investigation shall specify date, full name and position of the person concluding the investigation and bear his signature.

4. Investigation authorities, in 02 days upon concluding the investigation in writing, shall send such conclusion to requisition charges or enclose a decision to terminate investigation and case files to the equivalent Procuracy. Suspects or their representative or defense counsels shall be given a copy of the conclusion of investigation for charges or suspension of investigation. Crime victims, litigants and protectors of their legitimate rights shall be informed.

Article 233. Conclusion of investigation during the stage of prosecution

During the stage of prosecution, the written conclusion of investigation shall specify the progress of crimes; evidences of suspects' commission of crimes, their artifices, motives, purposes, nature and degree of damage caused by the crimes; preventive and coercive measures enforced, altered or terminated; factors aggravating and mitigating criminal liabilities, traits and personal record of suspects; seizure and impoundment of documents and items, handling of evidences; reasons and circumstances leading to the crimes and other facts significant to the case; reasons and justifications of prosecution; offence titles, Articles, Sections and Points quoted from the Criminal Code; recommendations for the settlement of the case.

The written conclusion of investigation shall specify issue date, full name and position of the person concluding the investigation and bear his signature.

Article 234. Conclusion of an investigation terminated

When an investigation is terminated, the written conclusion of investigation shall specify events, process of investigation, reasons and justification of investigation suspension.

The written conclusion of investigation shall specify issue date, full name and position of the person concluding the investigation and bear his signature.

A decision to terminate investigation shall specify time and issuing place of the decision, reasons and justifications, termination of preventive and coercive measures, return of documents and items impounded (if any), handling of evidences and relevant matters.

Article 235. Resumption of investigation

1. Investigation authorities, when having justifications to annul the decision to terminate or suspend investigation, shall decide to resume the investigation if the prescriptive period for criminal prosecution remains effective.

If the investigation is terminated according to Section 5 and Section 6, Article 157 of this Law without the consent of the suspect who petitions for repetition of investigation, investigation authorities or equivalent procuracies shall decide to resume the investigation.

2. Investigation authorities, in 02 days upon deciding to resume the investigation, shall send such decision to the equivalent Procuracy, suspects, their defense counsels or representatives and deliver notices to the crime victims, litigants and protectors of their legitimate rights.

Bài viết liên quan

Lệnh cấm đi khỏi nơi cư trú giao cho ai năm 2025?

Lệnh cấm đi khỏi nơi cư trú giao cho ai năm 2025?

Lệnh cấm đi khỏi nơi cư trú thuộc thẩm quyền của ai. Bài viết sau đây sẽ làm rõ vấn đề này và các vẫn đề liên quan. 08/11/2024

Thời hạn lệnh cấm đi khỏi nơi cư trú là bao lâu mới nhất năm 2025?

Thời hạn lệnh cấm đi khỏi nơi cư trú là bao lâu mới nhất năm 2025?

Người bị cấm đi khỏi nơi cư trú theo quy định của Bộ luật tố tụng hình sự 2015 sẽ bị hạn chế một số quyền, tuy nhiên vẫn có quy định về thời hạn của lệnh cấm đi khỏi nơi cư trú. Sau đây là bài viết về thời hạn lệnh cấm đi khỏi nơi cư trú là bao lâu mới nhất năm 2025 và các vấn đề liên quan. 08/11/2024

Mẫu lệnh cấm đi khỏi nơi cư trú của Tòa án mới nhất năm 2025

Mẫu lệnh cấm đi khỏi nơi cư trú của Tòa án mới nhất năm 2025

Người bị cấm đi khỏi nơi cư trú theo quy định của Bộ luật tố tụng hình sự 2015 sẽ bị hạn chế một số quyền. Sau đây là mẫu lệnh cấm đi khỏi nơi cư trú của Tòa án mới nhất 2025 và một số vấn đề liên quan. 08/11/2024

Thế nào là cấm đi khỏi nơi cư trú? Ai có thẩm quyền ra lệnh cấm đi khỏi nơi cư trú mới nhất 2025?

Thế nào là cấm đi khỏi nơi cư trú? Ai có thẩm quyền ra lệnh cấm đi khỏi nơi cư trú mới nhất 2025?

Cấm đi khỏi nơi cư trú, tạm giữ, tạm giam,.là những biện pháp ngăn chặn được quy đinh trong Bộ luật tố tụng hình sự 2015 với mục đích để kìm hãm sự phát triển của hành vi phạm tội. Vậy thế nào là cấm đi khỏi nơi cư trú? Ai có thẩm quyền ra lệnh cấm đi khỏi nơi cư trú ? Bài viết sau sẽ làm rõ những vấn đề này. 08/11/2024

Đang bị cấm đi khỏi nơi cư trú có được đưa người thân đi cấp cứu ở xa năm 2025?

Đang bị cấm đi khỏi nơi cư trú có được đưa người thân đi cấp cứu ở xa năm 2025?

Người đang bị cấm đi khỏi nơi cư trú sẽ bị hạn chế một số quyền cơ bản của công dân. Tuy nhiên, trong những trường hợp đặc biệt, bất khả kháng người cấm đi khỏi nơi cư trú vẫn có thể thực hiện được quyền đi lại của mình. Bài viết sau đây sẽ làm rõ vấn đề đang bị cấm đi khỏi nơi cư trú có được đưa người thân đi cấp cứu ở xa năm 2025 không? 08/11/2024

Cấm đi khỏi nơi cư trú có được đi làm không 2025?

Cấm đi khỏi nơi cư trú có được đi làm không 2025?

Cấm đi khỏi nơi cứ trú là một trong những biện pháp ngăn chặn được quy định trong Bộ luật tố tụng hình sự. Vậy người bị cấm đi khỏi nơi cư trú bị hạn chế những quyền gì? Bài viết sau đây sẽ làm rõ vấn đề này. 08/11/2024

Các trường hợp cấm đi khỏi nơi cư trú 2025?

Các trường hợp cấm đi khỏi nơi cư trú 2025?

Cấm đi khỏi nơi cư trú là một trong những biện pháp ngăn chặn đã được quy định trong Bộ luật Tố tụng Hình sự. Theo đó, quy định tại Điều 123 của Bộ luật Tố tụng hình sự năm 2015 đã quy định cụ thể nghĩa vụ của bị can, bị cáo được áp dụng biện pháp cấm đi khỏi nơi cư trú phải cam đoan; bổ sung thời hạn áp dụng đối với biện pháp cấm đi khỏi nơi cư trú. Bài viết sau đây sẽ làm rõ về biện pháp cấm đi khỏi nơi cư trú và các bài viết liên quan. 08/11/2024

Cấm đi khỏi nơi cư trú là gì? 06 điều cần biết về cấm đi khỏi nơi cư trú mới nhất năm 2025?

Cấm đi khỏi nơi cư trú là gì? 06 điều cần biết về cấm đi khỏi nơi cư trú mới nhất năm 2025?

Luật Cư trú năm 2020 cơ bản kế thừa quy định của Luật hiện hành, đồng thời sửa đổi, bãi bỏ và làm rõ hơn các quy định trước đây nhằm bảo đảm tốt hơn nữa quyền tự do cư trú của công dân; góp phần nâng cao hơn nữa hiệu quả công tác quản lý nhà nước về an ninh, trật tự trong tình hình mới; thực hiện việc đơn giản hóa thủ tục hành chính, giấy tờ công dân liên quan đến công tác đăng ký, quản lý cư trú; đáp ứng yêu cầu ứng dụng khoa học, công nghệ tiên tiến trong công tác quản lý cư trú mà trọng tâm là xây dựng, quản lý cư trú qua Cơ sở dữ liệu quốc gia về dân cư. Bài viết sau đây sẽ làm rõ về chủ đề cấm đi khỏi nơi cư trú và các vấn đề xung quanh nó. 08/11/2024

Phân biệt cách tính trợ cấp thôi việc và trợ cấp mất việc làm

Phân biệt cách tính trợ cấp thôi việc và trợ cấp mất việc làm

Trợ cấp thôi việc và trợ cấp mất việc làm là hai hình thức hỗ trợ tài chính khác nhau dành cho người lao động khi chấm dứt hợp đồng lao động. Mặc dù đều liên quan đến việc kết thúc công việc, nhưng cách tính và điều kiện hưởng của hai loại trợ cấp này có những điểm khác biệt rõ rệt. Cùng xem bài viết Phân biệt cách tính trợ cấp thôi việc và trợ cấp mất việc làm dưới đây để hiểu rõ hơn về 02 loại trợ cấp này. 18/11/2024

Quy định về giữ người trong trường hợp khẩn cấp theo Bộ luật Tố tụng hình sự 2015

Quy định về giữ người trong trường hợp khẩn cấp theo Bộ luật Tố tụng hình sự 2015

Quy định về giữ người trong trường hợp khẩn cấp theo Bộ luật Tố tụng hình sự 2015 là vô cùng cần thiết để bảo vệ quyền lợi hợp pháp của công dân trong bối cảnh tội phạm ngày càng phức tạp. Quy định này không chỉ giúp đảm bảo tính chính xác và hiệu quả của công tác điều tra mà còn ngăn chặn các vi phạm có thể xảy ra. Bài viết sẽ phân tích các quy định cụ thể liên quan đến việc giữ người trong tình huống khẩn cấp, làm rõ vai trò và tính hợp pháp của các quy định này trong việc bảo đảm an ninh trật tự xã hội. 12/11/2024