Friday, December 26, 2014

Regulations on holding a suspicious in Vietnam

I.              Cases of the suspicious person being held
Under the Penal Proceeding Code of Vietnam, the suspicious person may being held under the mode of custody or temporary detention with a certain timeframe depend on each case.
A person who is arrested in urgent cases, offenders caught red-handed, offenders who confessed or surrendered themselves or persons arrested under pursuit warrants, may be applied for custody. Applied for custody means that person will be held for a temporary period when the competent authority opine that it is necessary to apply for the custody, e.g. the custody will support for the investigation or may prevent the suspicious person from continuing to perform the crime or escaping, etc… In other cases, the suspicious person may be allowed to leave, normally after completing the minutes with the competent authority.
Urgent arrests can be made: a/ When there exist grounds to believe that such persons are preparing to commit very serious or exceptionally serious offenses; b/ When victims or persons present at the scenes where the offenses occurred saw with their own eyes and confirmed that such persons are the very ones who committed the offenses and it is deemed necessary to immediately prevent such persons from escaping; c/ When traces of offenses are found on the bodies or at the residences of the persons suspected of having committed the offenses and it is deemed necessary to immediately prevent such persons from escaping or destroying evidences.
According to Article 81.2 of the Penal Proceeding Code, the following persons shall have the right to order the arrest of persons in urgent cases:
a/ Heads, deputy heads of investigating bodies at all levels;
b/ Commanders of independent military units of the regiment or equivalent level; commanders of border posts in islands or border areas;
c/ Commanders of aircraft, sea-going ships which have left airports or seaports.
A person who is the accused or defendant in case of (i) having committed especially serious offenses or very serious offenses or (ii) having committed serious or less serious offenses punishable under the Penal Code by imprisonment for over two years and there are grounds to believe that they may escape or obstruct the investigation, prosecution or trial or may continue committing offenses, may be applied for temporary detention.
II.            Time limit of being held
In term of time limit, the custody time limit must not exceed three days, counting from the time the investigating bodies receive the arrestees. In case of necessity, the custody decision issuer may extend the custody time limit but for no more than three days. In the special cases, the custody decision issuer may extend the custody time limit for the second time but for no more than three days.  
The time limit for temporary detention may not exceed: (i) two months for less serious offenses; (ii) three months for serious offenses; or (iii) four months for very serious offenses and especially serious offenses. Where cases involve complicated circumstances and it is deemed that the investigation will take a long time and there are no grounds to change or cancel the temporary detention measure, the investigating bodies may request extension.
The extension of temporary detention time limits is prescribed as follows:

a/ For less serious offenses: once for no more than one month;

b/ For serious offenses: twice, for no more than two months for the first time and no more than one month for the second time;

c/ For very serious offenses: twice, for no more than three months for the first time and no more than two months for the second time;

d/ For especially serious offenses: three times, for no more than four months each.].

Within 12 hours of issuance, the custody decision must be sent to the procuracy body at the same level under the law system of Vietnam and it has the power to determine that custody is ungrounded or unnecessary and, if so, may cancel the custody decisions and the person in custody must be released immediately.

The temporary detention time limit may be extended: (i) once for no more than one month for less serious offenses; (ii) twice, for no more than two months for the first time and no more than one month for the second time for serious offenses; (iii) twice, for no more than three months for the first time and no more than two months for the second time for very serious offenses; or (iv) three times, for no more than four months each for especially serious offenses.  If, during a period of temporary detention, it is deemed unnecessary to continue temporary detention, the investigating body must propose that the procuracy body cancel the temporary detention and release the detainee but may, if deemed necessary, apply other deterrent measures, e.g. arrest, custody, temporary detention, ban from move outside the residence, guaranty, deposit of money or valuable property as bail.