Tiếng Việt
Table of Contents
1. What is temporary detention?
2. In what cases is temporary detention
3. Authority to temporarily detain suspects and defendants
4. What is the maximum period of temporary detention for investigation?
1. What is temporary detention?
According to Article 109 of the 2015 Criminal Procedure Code, temporary detention is one of the measures to promptly prevent crimes or when there is evidence that the accused will cause difficulties for the investigation, prosecution, trial or will continue to commit crimes or to ensure the execution of the judgment, the competent authority or person conducts the proceedings within the scope of its authority.
2. Cases of temporary detention
Pursuant to Article 119 of the 2015 Criminal Procedure Code, the following cases of temporary detention are stipulated:
“Article 119. Detention
1. Detention may apply to suspects and defendants perpetrating a horrific or extremely severe felony.
2. Detention may apply to suspects or defendants committing a felony or misdemeanor punishable with incarceration for more than 02 years as per the Criminal Code if grounds show that:
a) Such persons commit crimes despite of existing preventive measures against them;
b) No definite place of residence is known or a defendant’s identity is unidentified;
c) Such persons have absconded and have been arrested as per wanted notices or are evidently going to vanish;
d) Such persons continue criminal acts or are evidently going to continue crimes;
d) Such persons commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.
3. Detention may apply to suspects or defendants committing a misdemeanor punishable with maximum 02-year imprisonment as per the Criminal Code if they continue criminal acts or are fugitives arrested as per wanted notices.
4. If suspects or defendants have clear information of residence and identity and are gestating, raising a child less than 36 months of age, suffering from senility or serious diseases, detention shall be replaced by other preventive measures, except that:
a) They abscond and get arrested as per wanted notices;
b) They continue criminal acts;
d) They commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers or their kin.
d) Suspects or defendants breach national security and detention evidently prevents them from transgressing national security.
5. Authorized individuals as defined in Section 1, Article 113 of this Law are entitled to issue orders and decisions on detention. Detention orders made by individuals as defined in Point a,Section 1, Article 113 of this Law must be approved by the equivalent Procuracy prior to the enforcement of such orders. The procuracy, in 03 days upon receiving a detention order, written request for approval and relevant documents, must approve or deny such request. The procuracy must return documents to investigation authorities upon the former’s completion of the ratification process.
6. Investigation authorities must inspect identity papers of persons in detention and inform their family members, workplace, educational facility or local authorities in the commune, ward or town where they reside.”
3. Authority to temporarily detain suspects, defendants
According to Article 113 of the 2015 Criminal Procedure Code, the persons who have the right to order and decide to arrest suspects, defendants for temporary detention:
“Article 113. Apprehension of suspects and defendants for detention
1. The following individuals are entitled to order and decide the apprehension of suspects and defendants for detention:
a) Heads and vice heads of investigation authorities. In this event, the arrest warrant must be approved by the equivalent Procuracy prior to apprehension;
b) Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;
c) Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice court presidents of Courts-martial; trial panel.
2. The arrest warrant and written approval of the arrest warrant must specify full name and address of the arrestee, reasons and other details as per Point 2, Article 132 of this Law.
Enforcers of an arrest warrant must read out the warrant, explain its content, arrestee’s duties and rights, make written record of the arrest, and give the warrant to the arrestee.
The apprehension of a person at his place of residence must be witnessed by a representative of communal, ward or town authorities and other individuals. The apprehension of a person at his place of work or education must be witnessed by a representative of the place of work or education. The apprehension of a person at other places must be witnessed by a representative of communal, ward or town authorities.
3. Apprehension must not occur at night, except for criminals in flagrante or wanted persons.”
4. What is the maximum period of detention for investigation?
According to Clause 1 and Clause 2, Article 173 of the 2015 Criminal Procedure Code, the period of detention for investigation is stipulated as follows:
“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.”
Thus, the period of detention of the accused for investigation shall not exceed 02 months for less serious crimes, not more than 03 months for serious crimes, not more than 04 months for very serious crimes and especially serious crimes.
In cases where the case has many complicated circumstances, it is considered that a longer period of time is needed for investigation and there is no basis to change or cancel the detention measure, at least 10 days before the end of the detention period, the Investigation Agency must send a written request to the Procuracy to extend the detention.