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In what cases does the investigating authority issue a decision to terminate the investigation? What is included in the decision to terminate the investigation? Sample decision to suspend investigation.

Investigation suspension is one of the activities of a competent state agency to end investigation activities. The investigation suspension has grounds and grounds as prescribed by law. The following cases are prescribed for the investigating agency to issue a decision to terminate the investigation:

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1. In what cases does the investigating authority issue a decision to terminate the investigation?

Pursuant to Article 230 Criminal Procedure Code 2015 stipulating cases of investigation suspension include:

* Having one of the grounds specified in Clause 2, Article 155 and Article 157 of the Criminal Procedure Code 2015 or having a ground specified in Article 16 or Article 29 or Clause 2, Article 91 of the Penal Code. Detail:

– For the case of criminal prosecution at the request of the victim: the person who requested the prosecution wishes to withdraw the petition to stop the prosecution, the case shall proceed according to the termination procedures. However, if it is discovered that the withdrawal of the denunciation or criminal denunciation required to prosecute the case against the will of the applicant or is coerced, the investigating agency, the procuracies, or the court shall continue to proceed with the proceedings on the case, even though the person who requested the prosecution withdraws the request

– When there are no grounds for not prosecuting a criminal case, including the following grounds:

+ No crime incident

+ The act does not constitute a crime

The person who commits acts dangerous to society has not yet reached the age of criminal responsibility

+ Persons whose criminal acts have had a legally effective judgment or decision to stop the case

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

The statute of limitations for criminal prosecution has expired

+ The crime has been pardoned

+ The person who commits the act dangerous to society has died, except for the case where retrial is required against another person

+ Crimes specified in Clause 1 of the following Articles: Articles 134,135,136,138,139,141,143,155,156 and 226 of the 2015 Penal Code shall prosecute at the request of the victim if the victim or the victim’s lawful representative does not request prosecution.

* The time limit for investigating the case has expired but it is not possible to prove that the accused has committed the crime. The time limit for investigation from the time the case is instituted to the end of the investigation is prescribed as follows:

– Less serious crimes: no more than 02 months

– Serious crimes: no more than 03 months

– Crime is very serious and particularly serious crime: no more than 04 months

see more: Suspend the investigation when the victim withdraws the prosecution request before the date of opening the first-instance court hearing

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2. Contents of the decision to terminate investigation include:

Specify the time and place where the decision to terminate the investigation is issued

– What are the reasons and grounds for suspending the investigation? Under what terms?

– Regulations on cancellation of preventive measures, coercive measures, return of seized documents and objects (if any), handling of material evidences and other related issues.

– In case the case has many defendants and the grounds for termination of investigation do not involve all the accused, the investigation may be suspended for each defendant.

From the date of receipt of the investigation termination decision enclosed with the case file by the investigating authority, if the investigation suspension decision is found to be grounded, the procuracies must return the case file to the investigating agency. to resolve according to authority, within 15 days.

If the investigation suspension decision is found to be unfounded, the decision to terminate the investigation shall be annulled and the investigation authority shall be requested to resume the investigation.

If finding sufficient grounds for prosecution, the decision to terminate the investigation shall be annulled and a decision on prosecution shall be issued according to the prescribed time limit, order and procedures.

When conducting investigation suspension, the investigating agency must make a written investigation conclusion and issue a decision to terminate the investigation. Because investigation suspension is a form of investigation termination, an investigation conclusion is required. The investigation conclusion must comply with the provisions of Clauses 1 and 2 of Article 232 of the Criminal Procedure Code. In addition, according to the provisions of Article 234 of the Criminal Procedure Code, the investigation conclusion must clearly state the investigation process, reasons and grounds for stopping the investigation. And together with the investigation conclusion, the competent agency issued a decision to suspend the investigation, the content as mentioned above analyzed.

see more: Time limit for detention for additional investigation in criminal cases

3. Form of decision to terminate investigation:

3.1. Sample decision to terminate the investigation of a criminal case:

…….. Model Number: 227

Insurance according to Circular No. 119/2021/TT-BCA

December 8, 2021

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

Number: ………. /QD- ……

…………day ………… month ……. five……

DECISION TO STOP Investigating Criminal Cases

………….(first)

After conducting an investigation, it was found that(2) ………….

Pursuant to Point ……, Clause 1, Article 230/point ……. Clause 2 Article 443(3) Criminal Procedure Code;

Pursuant to the provisions of point(4) ………… Clause ………… Article ………… Code …………. ,

DECISION:

Suspension of criminal investigation ………………. occurred at: …….

see more: Semi-choice questions on Criminal Procedure Law

according to the Decision on prosecution/import/separation/recovery of criminal investigation No.:………….date………month…………. year………… of………….

This decision is sent to the Procuracy ………….

Recipients:

– ………….

– ………….

– ………….

– Profile 02 copies.

………….

Writing instructions:

(1) Judicial title of the person signing the document;

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(2) Specify the reason for the suspension of the investigation of the case;

(3) In case the investigation of the case against a juridical person is suspended, point, Clause 2, Article 443 of the Criminal Procedure Code shall be clearly stated;

(4) Specify one of the grounds specified in Clause 2, Article 155 or Article 157 of the CPC;

or have grounds specified in Article 16 or Article 29 or Clause 2, Article 91 of the Penal Code.

see more: Under what circumstances should the investigation be suspended?

3.2. Sample decision to terminate investigation of the accused:

………….

Model No.: 230

Insurance according to Circular No. 119/2021/TT-BCA

December 8, 2021

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

Number: …….. /QD- ……

……..day …….. month …….. five……

DECISION TO STOP Investigating CANCER

…………. (first)

After conducting an investigation, it was found that(2) …….

Pursuant to Point …………, Clause 1, Article 230 of the Criminal Procedure Code,

Pursuant to the provisions of Point ……, Clause …, Article …… Code…………. (3),

DECISION:

Suspension of investigation for the accused:

see more: Does the procuracies have the right to cancel the investigation agency’s decision to terminate the investigation?

Full name: ………… Gender:…….

Other name: ………

Born on………….month……year…………..at: …………..

Nationality:………; Religious nation:………

Job: ………..

ID card/CCCD card/Passport number:………….

issued on………….month…….year …………. Place of issue: …….

Place of residence: ……..

see more: Suspension of investigation when there are grounds specified in Clause 2, Article 69 of the Penal Code

Shelter: ………

Current place of residence: ………….

The defendant has been prosecuted according to the Decision to prosecute the accused No: ……..dated……month…….year …….

of the………. about the crime of ………… as prescribed in Clause ………… Article …….. Penal Code.

Cancellation of the containment measure………….

According to Decision/Order No:…………. day month Year……..

of the Agency……

Cancellation of coercive measures (if) …….

see more: Which agency has the authority to cancel the investigation agency’s decision to terminate the investigation?

according to Decision/Order No.:…………date …………. month …… year………… of the Agency……

Returning seized assets, documents and objects (with the decision on handling and the Minutes on the return of assets, objects and documents attached) if) consists of (4): ……..

Handling of material evidences and other related issues (with a decision on handling of exhibits attached) – if): ……..

This decision is sent to the Procuracy………….

and sent to the accused.

Recipients:

– …………. ;

– …………. ;

– ………….;

– Profile 02 copies.

…………………….

Writing instructions:

(1) Judicial title of the person signing the document;

(2) Specify the reason for the suspension of the investigation;

see more: In the case of a complicated case, how many times does the Procuracy have the right to extend the investigation?

(3) Specify one of the grounds specified in Clause 2, Article 155 or Article 157 of the CPC;

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or have grounds specified in Article 16 or Article 29 or Clause 2, Article 91 of the Penal Code;

(4) Specify the name, quantity, condition and characteristics of the property.

3.3. Sample decision to stop the investigation of a criminal case against the accused:

………… Model Number: 233

Insurance according to Circular No. 119/2021/TT-BCA

December 8, 2021

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

Number: ………….. /QD- ……

…………day …….. month …….. five………….

DECISION TO STOP Investigating Criminal Cases

FOR CANCER

…………. (first)

After conducting an investigation, it was found that(2) ……..

see more: Time to end the strike

Pursuant to Point ……, Clause 1, Article 230 of the Criminal Procedure Code,

Pursuant to the provisions at point …………. clause …………. Article …….. Code………….. (3),

DECISION:

Suspension of criminal investigation ……………….

Occurs at: …..

according to the Decision to prosecute/merge/separate/restore criminal investigation No.:……..dated…………month…….…….

of ….. for the accused:

Full name: ………….. Gender:…….

see more: The investigative agency could not prove the crime

Other name: ……….

Born on………….month…………year…………..at: ………….

Nationality:………..; Ethnic:………..; Religion:……..

Job: ………………..

Number of ID card/CCCD card/Passport: …………..

issue date………….month………….year ………….. Place of issue: …………

Place of residence: ……….

Shelter: ……….

see more: Temporarily suspending investigation and criminal record issues

Current place of residence: …………

The accused has been prosecuted according to the Decision to prosecute the accused No:…………dated …….month……..……

of……..for the crime of …..as specified in clause …………. Thing ………. Criminal Code.

Cancellation of the containment measure…………..

according to Decision/Order No.:…………..date ……..month ……..year…………..of the Agency……

Cancellation of coercive measures (if) …………

according to Decision/Order No.:…………..date ……..month ……..year…………. of the Agency………….

Return of seized property, documents and objects (There is a decision on handling and a record on the return of assets, objects and documents attached, if any) consists of(4): …………..

see more: Suspend the investigation when there are grounds to believe that the offender has voluntarily stopped committing the crime

Handling of physical evidence and other related issues (There is a decision on handling of evidence attached, if any): …………

This decision is sent to the Procuracy………….

and sent to the accused.

Recipients:

– …………

– …………

– …………

– Profile 02 copies.

………….

Writing instructions:

(1) Judicial title of the person signing the document;

(2) Specify the reason for stopping the investigation of the case against the accused;

(3) Specify one of the grounds specified in Clause 2, Article 155 or

Article 157 of the CPC or there are grounds specified in Article 16, Article 21, Article 29 or Clause 2, Article 91 of the Penal Code;

see more: Grounds for suspending the case of the Procuracy

(4) Specify the name, quantity, condition, characteristics of objects, assets, documents.

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