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What is the investigation period? What is the time limit for investigating criminal cases according to the provisions of the Criminal Procedure Code 2015?

Investigation is the first stage in the proceedings, which plays an important role in clarifying the truth in the process of solving a criminal case. In particular, the time limit for investigating the case is a requirement for the investigating agency to ensure compliance with the law so that the following stages can be conducted smoothly.

Legal grounds:

– Penal Code 2015 amended and supplemented in 2017;

Criminal Procedure Code 2015.

Lawyer service legal advice over the phone:

1. What is the investigation period?

An investigation period is a period of time prescribed by law during which a competent investigating agency is entitled to carry out investigative activities in order to identify the criminal, the person who committed the offence, and the perpetrators of the crime. other details of the case, completing the investigation of the criminal case. The investigation period is counted from the date of prosecution of the case to the date of completion of the investigation. The Criminal Procedure Code stipulates the maximum number of days to limit investigation according to the law.

2. Time limit for investigating criminal cases according to the Criminal Procedure Code:

Pursuant to Article 172 of the 2015 Criminal Procedure Code, the investigation time limit is prescribed as follows:

“Article 172. Time limit for investigation

1. The time limit for investigating criminal cases shall not exceed 02 months for less serious crimes, not more than 03 months for serious crimes, and not more than 04 months for very serious crimes and particularly serious crimes. from the initiation of the case to the end of the investigation.

2. In case the investigation extension is required due to the complicated nature of the case, at least 10 days before the expiration of the investigation time limit, the investigating authority must make a written request to the Procuracy to extend the investigation.

see more: Regulations on suspension and temporary suspension of investigation of criminal cases

The extension of the investigation is prescribed as follows:

a) For less serious crimes, the investigation may be extended once for no more than 2 months;

b) For serious crimes, the investigation time limit may be extended twice, the first time for no more than 3 months and the second time for no more than 2 months;

c) For very serious crimes, the investigation time limit may be extended twice, each time not exceeding 04 months;

d) For particularly serious crimes, the investigation period may be extended three times, each time not exceeding 04 months.

3. For particularly serious crimes for which the investigation extension period has expired but due to the very complicated nature of the case, the investigation cannot be completed yet, the Procurator General of the Supreme People’s Procuracy may extend the investigation time limit. extended once for no more than 4 months.

For crimes of infringing upon national security, the Chief Procurator of the Supreme People’s Procuracy has the right to extend the extension once for no more than four months.

4. In case of changing or supplementing the decision to prosecute a criminal case or merge the case, the total investigation time limit shall not exceed the time limit specified in Clauses 1, 2 and 3 of this Article.

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5. The Procuracy’s authority to extend the investigation time limit:

a) For less serious crimes, District People’s Procuracy, Regional Military Procuracy extended the investigation. If the case is accepted and investigated by the investigating agency of the province or the investigating authority of the military zone, the People’s Procuracy of the province or the military procuracies of the military zone shall extend the investigation time limit;

b) For serious crimes, the district-level People’s Procuracy and regional military procuracies shall extend the investigation time limit for the first and second times. In case the case is accepted for investigation by the provincial-level investigation agency or military zone-level investigation agency, the provincial-level People’s Procuracy and military zone-level military procuracies shall extend the investigation time limit for the first and second time. two;

c) For very serious crimes, the district-level People’s Procuracy or regional military procuracies shall extend the investigation time limit for the first time; Provincial-level People’s Procuracy and military zone-level military procuracies extend the investigation for the second time. In case the case is accepted for investigation by the provincial-level investigation agency or military zone-level investigation agency, the provincial-level People’s Procuracy and military zone-level military procuracies shall extend the investigation time limit for the first and second time. two;

d) For particularly serious crimes, the People’s Procuracy of the province or the Military Procuracy of the military zone shall extend the investigation time limit for the first and second times; The Supreme People’s Procuracy and the Central Military Procuracy extended the investigation period for the third time.

If the case is accepted and investigated by the investigating agency of the Ministry of Public Security, the investigating agency of the Ministry of National Defense, and the investigating agency of the Supreme People’s Procuracy, the investigation extension shall fall under the competence of the People’s Procuracy. Supreme People’s Procuracy, Central Military Procuracy.”

2.1. Time limit for detention for investigation:

Pursuant to Article 172 of the 2015 Criminal Procedure Code, the time limit for temporary detention of the accused for investigation shall not exceed 2 months for less serious crimes, not more than 3 months for serious crimes, and not more than 4 months. for very serious crimes and particularly serious crimes.

In case the case has many complicated circumstances, considering it requires a longer time for investigation and there are no grounds to change or cancel the temporary detention measure, at least 10 days before the expiration of the temporary detention time limit. In case of detention, the investigating agency must make a written request to the Procuracy to extend the temporary detention period.

see more: Competence to investigate criminal cases according to the latest regulations

The extension of detention is prescribed as follows:

– For less serious crimes, temporary detention may be extended once for no more than 01 month;

– For serious crimes, temporary detention may be extended once for no more than 2 months;

– For very serious crimes, temporary detention may be extended once for no more than 3 months;

– For particularly serious crimes, temporary detention may be extended twice, each time not exceeding 04 months.

Authority to extend temporary detention of the Procuracy:

– District-level People’s Procuracy and regional military procuracies have the right to extend temporary detention for less serious crimes, serious crimes and very serious crimes. In case the case is accepted and investigated by the provincial-level investigation agency or military zone-level investigation agency, the provincial-level People’s Procuracy and military zone-level military procuracies have the right to extend the temporary detention period for criminals. less serious crimes, serious crimes, very serious crimes and the first extension of temporary detention for particularly serious crimes;

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– In case the time limit for extension of temporary detention for the first time specified at Point a of this Clause has expired but the investigation cannot be completed and there are no grounds to change or cancel the temporary detention measure, the People’s Procuracy shall At the provincial level, the military procuracies of military zones may extend the second time detention for particularly serious crimes.

see more: Types of criminal investigation experiments

– In case the case is handled and investigated by the investigating agency of the Ministry of Public Security, the investigating agency of the Ministry of National Defense, the investigating agency of the Supreme People’s Procuracy, the extension of the temporary detention period falls within the competence of the Procuracy. Supreme People’s Procuracy, Central Military Procuracy.

In case of necessity for the crime of infringing upon national security, the Procurator General of the Supreme People’s Procuracy may extend the extension once for no more than four months. In case the temporary detention extension period specified in this Clause has expired but the investigation cannot be completed and there are no grounds to change or cancel the temporary detention measure, the Procurator General of the Supreme People’s Procuracy has the right to: extension for one more time but not exceeding 01 month for serious crimes, not more than 02 months for very serious crimes, not more than 04 months for particularly serious crimes. In special cases of particularly serious crimes infringing upon national security without grounds for rescinding the temporary detention measure, the Procurator General of the Supreme People’s Procuracy shall decide on temporary detention until the end of the detention period. investigation.

In cases where it is necessary for particularly serious crimes that are not crimes against national security and there are no grounds to change or cancel the temporary detention measure, the Procurator General of the Supreme People’s Procuracy has the right to term one more time but not more than 04 months; In special cases where there are no grounds to cancel the temporary detention measure, the Procurator General of the Supreme People’s Procuracy shall decide on temporary detention until the investigation is completed.

During the temporary detention period, if deeming it unnecessary to continue temporary detention, the investigating authority must promptly request the Procuracy to cancel the temporary detention in order to release the person held in custody or deem it necessary. apply other preventive measures. When the time limit for temporary detention has expired, the person held in temporary detention must be released. When deeming it necessary, the agency competent to conduct procedures shall apply other preventive measures.

2.2. Time limit for restoration of investigation, additional investigation and re-investigation:

In case of restoration of investigation specified in Article 235 of this Code, the time limit for further investigation shall not exceed 02 months for less serious crimes and serious crimes and no more than 03 months for very serious crimes. particularly serious crimes from the time the decision to reinstate the investigation is made until the end of the investigation.

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In case the investigation extension is required due to the complicated nature of the case, at least 10 days before the expiration of the investigation time limit, the investigating authority must make a written request to the Procuracy to extend the investigation.

The extension of the investigation is prescribed as follows:

– For less serious crimes, the investigation may be extended once for no more than 01 month;

see more: Authority of the district investigation police

– For serious crimes and very serious crimes, the investigation may be extended once for no more than 2 months;

– For particularly serious crimes, the investigation may be extended once for no more than 3 months.

The authority to extend investigation for each type of crime is specified in Clause 5, Article 172 of this Code.

If the case is returned by the procuracies to request additional investigation, the time limit for additional investigation shall not exceed 2 months; if returned by the Court to request additional investigation, the time limit for additional investigation shall not exceed 01 month. The Procuracy is only allowed to return the file for additional investigation twice. The judge presiding over the court session may only return the file for additional investigation once and the Trial Panel may only return the file for additional investigation once.

The time limit for additional investigation is counted from the date the investigating agency receives the case file and requests additional investigation.

If the case is returned for re-investigation, the time limit for investigation and extension of investigation shall comply with Article 172 of this Code. The investigation time limit is counted from the time the investigating agency receives the dossier and requests for re-investigation.

When resuming investigation, additional investigation or re-investigation, the investigating authority has the right to apply, change or cancel preventive and coercive measures in accordance with this Code. In case there is a basis according to the provisions of the current Criminal Procedure Code that requires temporary detention, the time limit for temporary detention for investigation or additional investigation must not exceed the time limit for investigation and additional investigation. . The time limit for temporary detention and extension of temporary detention in case the case is re-investigated comply with the provisions of Article 173 of the Criminal Procedure Code.

2.3. When transferring the case for investigation:

The investigation time limit shall continue from the date the investigating authority receives the case file to the end of the time limit for investigating the case as prescribed by this Code. In case the investigation time limit expires but the investigation cannot be completed, the competent procuracies shall consider and decide to extend the investigation according to the general procedures prescribed in the Criminal Procedure Code.

see more: Time limit for criminal investigation? The case is extended investigation?

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