Law 19/2003/qh11: Criminal Proceedings

Original Language Title: Bộ luật 19/2003/QH11: Tố tụng hình sự

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the National Assembly session, 10 X key;

This law regulates the order and procedure for conducting the activities the prosecution, investigation, prosecution, trial and enforcement of criminal convictions.

Part one GENERAL PROVISIONS chapter I DUTIES and the VALIDITY of the CODE of CRIMINAL PROCEDURE article 1. The Mission of The criminal law, the code of Criminal Procedure regulates the procedures the prosecution, investigation, prosecution, trial and enforcement of criminal judgments; the functions, duties, powers and relationship between the agencies conducting the proceedings; the duties, powers and responsibilities of the person conducting the proceedings; the rights and obligations of the participants in the proceedings, of the agencies, organizations and citizens; international cooperation in criminal proceedings, to proactively prevent, prevent crime, detect accurately, quickly and justly, promptly handling all criminal acts, not to the crime, no matter how innocent people.

The code of criminal procedure protect the Socialist regime, protect the interests of the State, the legitimate rights and interests of citizens, organizations, protection order of Socialist law, at the same time educate people consciously follow the law, prevention and fight against crime.

Article 2. The effect of The criminal law of all criminal activities in the territory of the Socialist Republic of Vietnam must be conducted according to the provisions of this law.

Criminal activities against criminal aliens on the territory of the Socialist Republic of Vietnam is the citizens of member countries of the international treaties to which the Socialist Republic of Vietnam has signed or joined shall be conducted according to the provisions of international treaties.

As for the criminal alien on the territory of the Socialist Republic of Vietnam to enjoy diplomatic privileges or privileges, immunities of consuls under law of Vietnam, according to the international treaties to which the Socialist Republic of Vietnam has signed or joined or according to the international practices , then the case was settled by the diplomatic path.

Chapter II FUNDAMENTAL PRINCIPLES article 3. Ensure the Socialist legislation in criminal proceedings Any criminal activity of the agency conducting the proceedings, the person conducting the proceedings and participants in the proceedings must be conducted according to the provisions of this law.

Article 4. Respect and protect the fundamental rights of citizens When the proceedings are conducted, the heads, Deputy Heads of the investigation, the investigator, the Director, Deputy Director of the Institute of the Prosecutor, the Prosecutor, the Chief Justice, Deputy Chief Justice of the Court, the judge, the jurors in the scope of their responsibility to respect and protect the rights and legitimate interests of citizens , regularly check the legality and necessity of the measures already applied, promptly cancel or change these measures which, if found to have violated the law or no longer necessary.

Article 5. Guarantee the right of equality of all citizens before the law criminal proceedings conducted under the principle that all citizens are equal before the law, regardless of ethnicity, gender, creed, religion, social composition, social status. Anyone guilty are dealt with according to law.

Article 6. Guarantee the right to physical inviolability of citizens and no one was arrested, if there is no decision of the Court decision or the Procurator's approval, except in the case of a crime.

The arrest and detention of people must follow the provisions of this law.

Prohibit all forms of access, humiliation.

Article 7. Protection of life, health, honour, dignity and property of citizens, citizens have the right to legal protection of life, health, honour, dignity and property.

Any infringement to life, health, honour, dignity and property are dealt with according to law.

The victim, witnesses and participants in other proceedings as well as their relatives that were threatening to life, health, compromised honor, dignity, property, the competent authority conducting the proceedings must adopt the necessary measures to protect the provisions of the law.

Article 8. Ensuring the right to inviolability of accommodation, safe and confidential mail, telephone, telegram of citizens who are Not invasive, safe and confidential mail, telephone, telegram of the citizens.

The examined housing, police, detention and seizure letters, telegram, when proceedings are conducted are in accordance with the provisions of this law.

Article 9. No one is considered guilty without a court's guilty verdict was in effect the law no one is considered guilty and subjected to punishment when no verdict guilty of courts of law has been in force.

Article 10. Determine the facts of the case investigation, the Procurator and the courts have to apply all legal measures to determine the facts of the case in an objective, comprehensive and complete, clarify the evidence determined guilty and innocent determination, evidence of the aggravating and the mitigating criminal liability of the accused , defendants.

The responsibility to prove the crime belonging to the body conducting the proceedings. Accused, the accused has the right but is not obliged to prove their innocence.

Article 11. Guarantee the right of persons detained, arrested accused Persons detained, accused, the accused has the right to itself or due to other people.

The Agency investigation, Procuracy, the courts have a duty to ensure for persons detained, accused the defendants of their rights under the provisions of this law.

Article 12. The responsibilities of the agency conducting the proceedings, the proceedings are conducted In the process of conducting the proceedings, the agency conducting the proceedings, the person conducting the proceedings must strictly implement the provisions of the law and must take responsibility for the behavior of his decision.

People make against the law in the arrest, detention, hold, prosecution, investigation, prosecution, trial, execution, then depending on the nature and extent of the violation being disciplined or arrested save for criminal liability.

Article 13. Responsible for prosecution and the handling of criminal cases When detecting signs of crime, the investigation, Procuracy, the courts in the scope of the task, their powers are responsible for the prosecution of the case and apply the measures prescribed by this law to identify criminals and offenders are handled.

Not to prosecute the case in addition to the base and the freedom this law regulations.

Article 14. To ensure the impartiality of the person conducting the proceedings or heads, Deputy Heads of the investigation, the investigator, the Director, Deputy Director of the Institute of the Prosecutor, the Prosecutor, the Chief Justice, Deputy Chief Justice of the Court, the judge, jurors, court clerk not to conduct the proceedings or translator the examiner, who is not involved in the proceedings, if there are reasons to believe that they may not be impartial in performing their duties.

Article 15. Perform trial mode have the jurors involved in the trial of the people's courts have jurors, of military courts have jurors involved military personnel under the provisions of this law. When trial, jurors peer with the judge.

Article 16. The trial judge and assessors are independent and only obey the law When judging, the judges and assessors are independent and subject only to the law.

Article 17. The court hearing the trial court practice and the decision by majority.

Article 18. Public hearing


The court hearing was conducted in public, everyone has the right to attend, except in cases prescribed by this Act.

In special cases need to keep state secrets, the customs of the peoples or to keep the secret of their legitimate request the Court trial, but pronouncement of judgment publicly.

Article 19. Guarantee the right of equality before the courts, the accused, the counsel, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case, their legal representatives, who protect the rights of the litigants have equal rights in making evidence , documents, objects, make a claim and the democratic debate before the Court. The Court has the responsibility to create conditions for them to exercise their rights in order to clarify the facts of the case.

Article 20. Two regimes of review 1. The Court made two trial mode.

Judgment of the Court of first instance decision can be appealed, the appeal under the provisions of this law.

The verdict, the decision of first instance being appealed, the appeal within the time limit prescribed by this law, then the legal effect. With regard to the judgment of the first instance decision was appealed, the appeal of the case must be appellate. The judgment of the appellate decision has the force of law.

2. for the judgment, the Court's decision has the effect of laws that have violated the law or have new details shall be reviewed under the procedure of Cassation or retrial.

Article 21. Director of the trial court on the Director of the hearing of the Court under the Supreme People's Court, the Director of the trial of the people's courts and military courts at all levels to ensure the application of the law to be strictly and consistently.

Article 22. Ensure the validity of the judgment and the decision of the Court 1. Judgments and decisions of the courts have in effect laws must be enforced and should be the agencies, organizations and all citizens with respect. Individuals, agencies, relevant organizations within the scope of his responsibilities are accepted the verdict, the decision of the Court and be responsible before the law for the Executive.

2. Within the scope of its responsibilities, the State authorities, authorities of communes, wards and towns, organizations and citizens have to coordinate with agencies, organizations have a duty to enforce the judgment, the decision of the Court in sentencing.

The State authorities, authorities of communes, wards and towns is responsible for facilitating and implementing the Agency's request, the Organization has the task of enforcing the judgment, the decision of the Court in sentencing.

Article 23. Practice the right public prosecutor and the Prosecutor obeys the law in criminal proceedings 1. Procuracy practice rights prosecution in criminal proceedings, the decision to prosecute the offender before the Court.

2. Procurator Prosecutor obeys the law in criminal proceedings is responsible for timely detection of violation of the law by the body conducting the proceedings, the person conducting the proceedings and participants in the proceedings, apply the measures prescribed by this law to eliminate the violation of the law or of this individual.

3. the Procurator to practice the right public prosecutor and the Prosecutor obeys the law in criminal proceedings to ensure that all offences must be dealt with promptly; the prosecution, investigation, prosecution, trial, execution, crime, law, not to reach the crime and the offender, no matter how innocent people.

Article 24. Voice and text used in the criminal proceedings the voices and writing used in criminal proceedings is Vietnamese. The participants in proceedings have the right to use voice and text of his nation, in this case need to be translated.

Article 25. The responsibilities of the institutions and the citizens in the prevention and fight against crime 1. The Organization, citizens have the right and obligation to detect denounces, the offence; join the fight to prevent and fight crime, contributes to the protection of the interests of the State, the rights, legitimate interests of citizens, the organization.

2. The agency conducting the proceedings is responsible for creating the conditions for citizens and organizations participate in criminal proceedings; answer results solve report denounces crime, for organizations that have notified, who denounces the crime is known.

3. The institutions, citizens have a responsibility to make the request and create the conditions for conducting the proceedings, the proceedings are conducted the task.

Article 26. The coordination between State agencies with the authority conducting the proceedings 1. Within the scope of its responsibilities, the State Agency must apply crime prevention measures; in collaboration with the investigating authorities, the Procuracy, the courts in the prevention and fight against crime.

The State Agency must regularly examine, inspect the implementation of functions and tasks; timely detection of violations of the law to handle and must immediately notify the investigating agency, the Prosecutor all criminal acts occur in institutions and in the field of management; have the right to propose and submit the relevant documents to the investigating authorities, the Procurator considers, to prosecute for the offence.

The heads of State agencies are responsible for the failure to notify the offence occurs in bodies and in his management agency for investigation, Procuracy.

The State authorities have a responsibility to make the request and create conditions to the agencies conducting the proceedings, the proceedings are conducted the task.

Prohibits any acts impedes the activity of the body conducting the proceedings, the proceedings are conducted the task.

2. the inspection body responsible for cooperation with the Agency, Procurator, court in the detection and handling of crime. When the detection of signs of the crime they must transfer relevant documentation and recommendations of the investigation agencies, Procuracy considers, to prosecute criminal cases.

3. Within the scope of their responsibilities, authorities, the Procurator must consider, solve press news about crime, and the prosecution recommendations must answer results settle for State agencies notified or propose to know.

Article 27. Detect and remedy the causes and conditions of the offender in the course of conducting criminal proceedings, investigation agencies, the Procurator and the courts have a duty to find out the causes and conditions of sin, ask the agency or relevant organizations apply the remedy and prevention.

The Agency, organization departments must reply on the implementation requirements of the investigating authorities, the Procurator and the Court.

Article 28. To resolve civil matters in criminal cases the resolution of civil matters in criminal cases is conducted along with the resolution of the criminal case. In the case of the criminal process must address the issue of compensation, reimbursement that have yet to be proven and conditions do not affect the resolution of the criminal can then separated to resolve under civil proceedings.

Article 29. Guarantee the right to compensation of damage and restoration of the honor, rights of people being falsely by falsely sufferers who are competent in criminal activities cause have the right to compensation of damage and restoration of the honor, rights.

Competent bodies active in criminal proceedings did the whitewash to compensation and rehabilitation of the honor, rights of people being falsely; who has responsibility to reimburse the competent authorities under the provisions of the law.

Article 30. Guarantee the right to compensation of the damage caused by the agency or the person who has the authority to conduct criminal proceedings caused


The damage caused by the agency or competent person in criminal activities cause are entitled to compensation.

Competent bodies active in criminal proceedings must compensate the victims; who has responsibility to reimburse the competent authorities under the provisions of the law.

Article 31. Guarantee the right of complaint, accused in criminal proceedings, the Agency held complaint, citizens have the right to denounce the illegal employment in the criminal activities of the authority and the authority conducting the criminal proceedings or of any individual would belong to the Agency.

The Agency has the authority to receive, review and timely resolution, legal complaints, accusations; the written notification of results to the complainant, the accused knew and had the remedy.

The sequence, procedure and jurisdiction to resolve complaints, accusations by this law regulations.

Article 32. Surveillance of agencies, organizations, elected representatives for the Agency's activities, the conduct of the proceedings, the proceedings are conducted by State agencies, the Vietnam Fatherland Front Committee, the front's member organizations, elected representatives have the right to supervise the operations of the authority conducting the proceedings , the person conducting the proceedings; monitoring the complaints, denunciations of the body conducting the proceedings, the proceedings are conducted.

If discovered the unlawful acts of bodies conducting the proceedings, the proceedings are conducted, the State authorities, elected representatives have the right to request, the Vietnam Fatherland Front Committee, the members of the Organization have the right to petition with the agency conducting the proceedings has the authority to review resolution under the provisions of this law. The Agency conducted the proceeding has the authority to consider, resolve and respond to recommendations, the request under the provisions of the law.

Chapter III BODIES CONDUCTING the PROCEEDINGS, the PROCEEDINGS are CONDUCTED and the CHANGE of the PERSON CONDUCTING the PROCEEDINGS Article 33. The Agency conducted the proceedings and the conduct of the proceedings 1. The Agency conducted the proceedings include: a) the investigating authorities;

b) Procurator;

c) courts.

2. The person conducting the proceedings include: a) heads, Deputy Heads of the investigation, the investigator;

b) Director, Deputy Procurator, Prosecutor;

c) Chief Justice, Deputy Chief Justice of the Court, the judge, jurors, court clerk.

Article 34. The duties, powers and responsibilities of the heads, Deputy Heads of the investigation 1. The investigating agency heads have the following powers and duties: a) directly held and directed the investigation activities of the Agency;

b) decision to assign the Deputy Heads of the investigation, investigators in the investigation of criminal cases;

c) check the operation of the investigation of Deputy Heads investigations and investigators;

d) decide to change or cancel the decision unfounded and contrary to the law of the Deputy Heads of the investigation and the investigator;

DD) decided to change the investigator;

e) complaints, accusations in coroner's jurisdiction.

When the investigating agency heads are absent, a deputy heads are the heads of mission, mandate and powers of the heads. Deputy Heads are responsible before the heads of the mission assigned to it.

2. When do the criminal investigation, the investigating agency heads have the following powers and duties: a) decided to prosecute the case, the prosecution accused; the decision not to prosecute the case; the decision to enter or split the case;

b) decided to adopt, change or cancel deterrent measures;

c) decided to pursue accused police, the seizure, custody, property levy, handling physical evidence;

d) examiner referendum decision, decided to unearth the corpse;

DD) concluded the investigation of the case;

e) decided to temporarily suspend the investigation, decide to suspend the investigation, decided to investigate the recovery;

g) directly to conduct investigative measures; granted, revoked the certificate of the excuses; decisions and conduct the activity of other proceedings in the jurisdiction of the investigating authority.

3. When was assigned to investigate criminal cases, the Deputy Head of the investigation agency has the powers and duties set forth in paragraph 2 of this Article.

4. Heads, Deputy Heads of the investigation must be responsible before the law about the behavior and its decision.

Article 35. The duties, powers and responsibilities of investigators 1. Investigator was assigned to investigate the criminal has the following powers and duties: a) the establishment of criminal record;

b) summon and interrogate accused; convene and take the testimony of witnesses, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case;

c) decided to pressure the accused decided to award the prize lead witnesses;

d) executed a warrant, detention, detention, search, seizure, detention, levy of property;

DD) conducted autopsy, autopsy, confront, experimental investigation, identity;

e) conducted another investigation activities under the jurisdiction of the investigating agency according to the assignment of the investigating agency heads.

2. Investigators are responsible before the law and before the heads of the investigation on the behavior and its decision.

Article 36. The duties, powers and responsibilities of the Director, Deputy Director of the Institute of the Prosecutor 1. Minister Prosecutor has the following powers and duties: a) organizes and directs the activities of practice the right public prosecutor and the Prosecutor obeys the law in criminal activity;

b) decided to assign Deputy Procurator, Prosecutor public prosecutor's rights practice and Prosecutor obey the law in the proceedings for the criminal;

c) practised activities test the right to the public prosecutor and the Prosecutor comply with law in the criminal activities of the Deputy Director of the Institute of the Prosecutor and the Prosecutor;

d) protest under procedure of Cassation, the retrial of the case, the decision has force of law courts in accordance with the law;

DD) decide to change or cancel the decision unfounded and contrary to the law of the Procuracy and Deputy Prosecutor;

e) decided to withdraw, suspend or cancel the decision unfounded and contrary to the law of the Procuracy under;

g) decided to change the Prosecutor;

h) resolve complaints, accusations under the authority of the Procurator.

When a Minister is absent, a prosecutor Deputy Chief Institute mission, mandate and powers of the Director. Deputy Director responsible to the Rector about assigned tasks.

2. When the practice of the right to the public prosecutor and the Prosecutor obeys the law active in the proceedings for the criminal, Minister Prosecutor has the following powers and duties: a) decided to prosecute the case, the decision not to prosecute the case, the decision to prosecute accused; require investigating authorities to prosecute or to change the decision to prosecute criminal cases, the prosecution accused under the provisions of this law;

b) requires that the investigating agency heads change investigator;

c) decided to apply, change, cancel the preventive measures; the decision to extend the investigation, the decision to extend detention; requires investigating authorities wanted accused;

d) approved decision, decided not to approve the decision of the Agency;

DD) decided to cancel the decision unfounded and contrary to the law of Agency;

e) decided to move the case;


g) decided the prosecution, decided to pay the additional investigation, the decision on accreditation;

h) decided to temporarily suspend or discontinue the case, decided to restore the investigation, decide to handle physical evidence;

I) protest under procedure of appeal the verdict, the decision of the Court;

k), revoke the certificate of the excuses; decisions and conduct the activities in other proceedings under the authority of the Procurator.

3. When was assigned to practice the right public prosecutor and the Prosecutor obeys the law in running the proceedings with respect to criminal cases, the Deputy Procurator have the duties and powers are specified in paragraph 2 of this Article.

4. Director, Deputy Procurator must take responsibility before the law about the behavior and its decision.

Article 37. The duties, powers and responsibilities of the Prosecutor 1. Prosecutor assigned to practice the right public prosecutor and the Prosecutor obeys the law active in the proceedings for the criminal has the following powers and duties: a) Prosecutor to prosecute, the Prosecutor is investigating activities and establish the case file of the investigation;

b) requirements;

c) summon and interrogate accused; convene and take the testimony of witnesses, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case;

d) Prosecutor arrests, detention, detention;

DD) to join the trial; reading the indictment, the decision of the Procurator concerning the resolution of the case; ask, give evidence and make impeachment; speaking of views on solving the case, debating with the participants in the proceedings at the trial;

e) Prosecutor obey the law in the adjudication of the Court, of the participants in the proceedings and the judgment of the Prosecutor, the decision of the Court;

g) Prosecutor is the enforcement of the judgment, the decision of the Court;

h) perform other duties, other powers under the authority of Procurator as assigned by the Chief Procurator.

2. the Prosecutor must bear responsibility before the law and before the Minister the prosecutor about the acts and their decision.

Article 38. The duties, powers and responsibilities of the Chief Justice, Deputy Chief Justice of the Court 1. The Chief Justice's Court has the following powers and duties: a) the Organization of the work of the trial courts;

b) decision assigned Deputy Chief Justice of the Court, the judge, jurors, trial of the criminal case; the decision to assign the Secretary of court proceedings are conducted against the criminal;

c) decided to change the judge, jurors, court Secretary before the opening of the trial;

d) protest under procedure of Cassation judgment, the decision has force of law the Court under the provisions of this law;

DD) decision the criminal enforcement;

e) decided to postpone the penalty of jail;

g) decided to temporarily suspend the penalty of jail;

h) Decides to delete the project area;

I) complaint resolution, denounced the Court's jurisdiction.

When Chief Justice Court the absence, a Deputy Chief Justice is the Chief Justice delegated tasks and powers of the Chief Justice. Deputy Chief Justice is responsible to the Chief Justice about the assigned task.

2. When conducting the resolution of criminal cases, Chief Justice of the Court has the following powers and duties: a) decide to adopt, change or cancel the detention measure; the decision to handle physical evidence;

b) decided to move the case;

c) granted, revoked the certificate of the excuses; decisions and conduct the activity of other proceedings in the jurisdiction of the Court.

3. When was assigned to solve, in the criminal trial, Deputy Chief Justice of the Court to have the duties and powers prescribed in clause 2 of this Thing.

4. The Chief Justice, Deputy Chief Justice of the Court to be responsible before the law about the behavior and its decision.

Article 39. The duties, powers and responsibilities of the judges 1. Judges are assigned to resolve, in the criminal trial has the following powers and duties: a) studies the case file before opening the trial;

b) participated in the criminal trial;

c) conducted the proceedings and activities addressing the issue of the jurisdiction of the Board of review;

d) conducted the activities of other proceedings in the jurisdiction of the Court as assigned by the Chief Justice of the Court.

2. The judge assigned to preside at the trial, in addition to those duties, the powers specified in paragraph 1 of this article has the following duties and powers: a) decide to adopt, change or cancel deterrent measures according to the provisions of this law;

b) decided to pay for additional investigation records;

c) decided to take the case to trial; the decision to suspend or temporarily suspended the case;

d) decided to convene the trial trial;

DD) conducted the activities of other proceedings in the jurisdiction of the Court as assigned by the Chief Justice of the Court.

3. Judges serving stations, Deputy Chief Justice of the Court of Appeals Court of the Supreme People's Court has the right to grant, to revoke the certificate.

4. The judge must be responsible before the law about the behavior and its decision.

Article 40. The duties, powers and responsibilities of the judges 1. Jurors are assigned the criminal trial has the following powers and duties: a) studies the case file before opening the trial;

b) join hearing criminal cases according to the procedure of first instance, appeal;

c) conducted the proceedings and activities addressing the issue of the jurisdiction of the Board of review.

2. Assessors are responsible before the law about the behavior and its decision.

Article 41. The duties, powers and responsibilities of the clerk of court 1. The court clerk is assigned to conduct the proceedings for the criminal has the following powers and duties: a) the common rules of the trial;

b) report to the Board of review list who was summoned to the trial;

c) record the trial;

d) conducted the activities of other proceedings in the jurisdiction of the Court as assigned by the Chief Justice of the Court.

2. The Secretary of the Court must be responsible before the law and before the Chief Justice the Court about his behaviour.

Article 42. The case must reject or change the person conducting the proceedings Who conducted the proceedings to refuse to conduct the proceedings or altered, if: 1. They simultaneously is the victim, the civil plaintiff, the civil defendant; people have rights, obligations related to the case; as the legal representative, who's who, or of being accused;

2. They have participated as the excuses, the witness, the examiner, an interpreter in the case;

3. Have clear bases to believe that they can not indifferent while on duty.

43 things. The right to suggest changes to the conduct of the proceedings the following people have the right to propose changes to the person conducting the proceedings: 1. a Prosecutor;

2. the accused, the accused, the victim, the civil plaintiff, the civil defendant and their legal representatives;

3. The excuses, the protection of the rights of the victim, the civil plaintiff, the civil defendant.

Article 44. Change the investigators 1. Investigators must refuse to conduct the proceedings or altered, if: a) In one of the cases specified in article 42 of this law;

b) had conducted the proceedings in that case as the Prosecutor, judges, jurors or court clerk.

2. The change of investigators led by the heads of agency decisions.

If the investigator is the investigating agency heads that in one of the cases specified in paragraph 1 of this article, the investigation due to the superior institution directly.


Article 45. Change the Prosecutor 1. Prosecutor must refuse to conduct the proceedings or altered, if: a) In one of the cases specified in article 42 of this law;

b) had conducted the proceedings in the case as investigators, judges, jurors or court clerk.

2. Changing the Prosecutor before trial, issued by Chief Procurator at the same level.

If the Prosecutor is being changed by the Procuracy Institute Chief Minister the superior prosecutor directly decided.

In case of changing the Prosecutor at the trial, the trial decision adjourned the trial.

The other Prosecutor nominated by the Minister the Prosecutor the same level or the superior prosecutor Minister directly decided.

Article 46. Change the judge, jurors 1. The judge, jurors must refuse to join trial or altered, if: a) In one of the cases specified in article 42 of this law;

b) Them together in a trial and is loved like together;

c) have joined a trial of first instance or appeal or conduct the proceedings in the case that as investigator, Prosecutor, a court clerk.

2. The change of the judge, the jurors before trial by the Chief Justice the Court decision. If the judge be changed is the Chief Justice by the Chief Justice of the superior court decision directly.

The change of judges, jurors in the trial because the trial decision before you start questioning by voting in the deliberation room. When considering members are members that presented its opinion, the Council decides by majority.

In case of change of the judge, the jurors in the trial, the trial decision adjourned the trial.

The election of new members of the Board of review by the Chief Justice of the Court decision.

Article 47. Change the clerk of court 1. The Court Clerk to refuse to conduct the proceedings or altered, if: a) In one of the cases specified in article 42 of this law;

b) had conducted the proceedings in that case as a Prosecutor, investigator, judge or jurors.

2. The change of the Secretary of the Court before the trial by the Chief Justice the Court decision.

Changing the Secretary of court at the trial because the trial decision.

In case of changing the Secretary of court at the trial, the trial decision adjourned the trial.

The appointment Secretary to the Court by the Chief Justice of the Court decision.

Chapter IV PARTICIPANTS in PROCEEDINGS Article 48. People detained 1. The person detained is people arrested in case of emergency, a crime result tang, who arrested wanted discretion or the offender himself, and for them to have the custody decision.

2. The person detained has the right to: a) Is the reason her custody;

b) explanation of rights and obligations;

c) presented testimony;

d) itself or due to other people make excuses;

DD) given the document, objects, requirements;

e) complain about the custody decision of the Agency, the authority conducting the proceedings.

3. The person detained is obliged to implement the regulations on custody under the provisions of the law.

Article 49. Accused 1. Accused is the person who has been prosecuted on criminal charges.

2. the accused has the right to: a) is known to themselves be prosecuted for an offence;

b) explanation of rights and obligations;

c) presented testimony;

d) put out the document, objects, requirements;

DD) recommended changes to the conduct of the proceedings, the examiner, an interpreter under the provisions of this law;

e) itself or due to other people make excuses;

g) received the decision to prosecute; the decision to adopt, change or cancel deterrent measures; a the conclusion of the investigation; the decision to suspend, temporarily suspended the investigation; the decision to suspend, temporarily suspended the case; the indictment, prosecution decisions; the decisions in other proceedings under the provisions of this law;

h) appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings.

3. the accused must be present according to the summons of the investigating authorities, the Procurator; in the case of absence without good reason, they can pressure the award; If the wanted fugitive.

Article 50. The accused 1. The accused was the person who had been the Court decided to put on trial.

2. The accused has the right to: a) received the decision bringing the case to trial; the decision to adopt, change or cancel deterrent measures; the decision to suspend the case; the verdict, the decision of the Court; the decisions in other proceedings under the provisions of this law;

b) to join the trial;

c) Was the explanation of rights and obligations;

d) recommend changes to the conduct of the proceedings, the examiner, an interpreter under the provisions of this law;

DD) given the document, objects, requirements;

e) itself or due to other people make excuses;

g) presenting comments, debate at the trial;

h) final word before deliberation;

I) appeals the verdict, the decision of the Court;

k) appeal, the Agency's litigation behavior, authorized person conducting the proceedings.

3. The accused must be present according to the summons of the Court; in the case of absence without good reason, they can pressure the award; If the wanted fugitive.

Article 51. The victim 1. The victim is the victims physically, mentally, due to property crime.

2. The victim or their legal representatives have the right to: a) put out the document, objects, requirements;

b) be informed of the results of the investigation;

c) suggested to change the conduct of the proceedings, the examiner, an interpreter under the provisions of this law;

d) recommended compensation and measures to ensure compensation;

DD) to join the trial; the presentation of opinions, debate at the trial to protect the rights and legitimate interests;

e) appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings; to appeal the verdict, the decision of the Court of claims as well as part of punishment for the accused.

3. In case of the case to be prosecuted at the request of the victim prescribed in article 105 of the code, the victim or their legal representative presented accusations at the trial.

4. The victim to be present according to the summons of the investigating agency, Procurator, Court; If refusing without good reason, they can be subject to criminal liability under article 308 of the criminal code.

5. In case of the victim's death, the legal representative has the rights specified in this article.

Article 52. The civil plaintiffs 1. The civil plaintiffs as individuals, agencies, organized by criminal damage caused and may claim compensation for damage.

2. the civil plaintiff or their legal representatives have the right to: a) put out the document, objects, requirements;

b) be informed of the results of the investigation;

c) suggested to change the conduct of the proceedings, the examiner, an interpreter under the provisions of this law;

d) recommended compensation and measures to ensure compensation;

DD) to join the trial; the presentation of opinions, debate at the trial to protect the rights and legitimate interests of the plaintiff;

e) appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings;

g) to appeal the verdict, the decision of the Court on the compensation section.

3. civil plaintiffs to be present according to the summons of the investigating agency, Procurator, Court and presenting honest details related to compensation for damage.

Article 53. Civil defendant 1. The defendant is civilian individuals, agencies, held that the law should be responsible for compensation for damage caused by the offence caused.


2. the civil defendant or their legal representatives have the right to: a) claims the plaintiff's claim;

b) put out the document, objects, requirements;

c) informed the results relevant to the claim;

d) recommend changes to the conduct of the proceedings, the examiner, an interpreter under the provisions of this law;

DD) to join the trial; the presentation of opinions, debate at the trial to protect the rights and legitimate interests of the defendant;

e) appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings;

g) to appeal the verdict, the decision of the Court on the compensation section.

3. The defendant is present according to the summons of the investigating agency, Procurator, Court and presenting honest details related to compensation for damage.

Article 54. People have rights, obligations relating to case 1. People have rights, obligations related to the case or their legal representatives have the right to: a) put out the document, objects, requirements;

b) to join the trial; statements of opinion, debate at the trial to protect the rights and legitimate interests;

c) appeals the verdict, the decision of the Court on matters directly relating to the rights, obligation;

d) appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings.

2. People who have rights, obligations related to the case to be present according to the summons of the investigating agency, Procurator, Court and presenting honest details directly related to rights, obligations.

Article 55. Witnesses 1. Who would know the details related to the case could be summoned to testify.

2. The following persons cannot be witness: a) the excuses of being accused;

b) Who do have the downside of mental or physical inability to be aware of the details of the case or can not afford proper Declaration.

3. Witnesses have the right to: a) asked the Agency to summon them to protect life, health, honour, dignity, property and the rights, legitimate interests of themselves when involved in the proceedings;

b) appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings;

c) Is the Agency convened the payment of travel expenses and other expenses under the provisions of the law.

4. The witness be obliged: a) to be present according to the summons of the investigating agency, Procurator, Court; in the case of deliberately not come without good reason and the absence of them interfere with the investigation, prosecution, trial, it might be leading the tournament;

b) all details that I know about the case.

Witnesses deny or evade the declarations without good reason, it shall be subject to criminal liability under article 308 of the criminal code; deceptive declarations shall incur criminal liability under article 307 of the criminal code.

Article 56. The excuses 1. The excuses can be: a) lawyer;

b) legal representative of the person detained, is accused;

c) excuses people's Park.

2. The following persons are not excuses: a) who had conducted the proceedings in the case; relatives of people who have or are conducting the proceedings in the case;

b) Who participated in the case as a witness, the examiner or translator.

3. A person may excuses excuses for more people detained, were accused in the same case, if their rights and interests are not in opposition to each other. Many excuses can excuse for a person in custody, were accused.

4. within three days from the date of the proposal of the excuses accompanied papers related to the excuses, investigation, Procuracy, the courts must consider the certification, the excuses so they make the excuses. If denied certification, they must clearly state the reason.

For the custody case within 24 hours, from receipt of the recommended excuses accompanied papers related to the excuses, investigating authorities must consider the certification, the excuses so they make the excuses. If denied certification, they must clearly state the reason.

Article 57. Select and change the justification 1. The excuses by people detained, accused or their legal representative selections.

2. in the following circumstances, if the accused, the accused or their legal representative does not invite the excuses, the investigation, the Procurator or the Court must ask the Union lawyer assigned to election law office who make excuses for them or suggest the Vietnam Fatherland Front Committee members of the Organization, the front people excuses for members of his organization: a) accused the accused offence under the penalty of death is the highest level there are provisions in the criminal code;

b) Being accused as juveniles, the downside of mental or physical.

In the cases specified in point a and point b paragraph 2 of this Article, the accused, the accused and their legal representatives still have the right to request changes or reject the excuses.

3. the Committee of the Vietnam Fatherland Front, the front's member organizations have the right to election staff people excuses excuses for people detained, being accused as members of his organization.

Article 58. The rights and obligations of the excuses 1. The excuses from the proceedings when the prosecution accused. In the case of arrest under the provisions of article 81 and article 82 of this law then the excuses proceedings since the custody decision. In case of need to keep secret investigation for charges of violating national security, the Minister the prosecutor decided to excuse people involved in the proceedings from the conclusion of the investigation.

2. The excuses have the right: a) to be present when the testimony of the person detained, when questioning accused and if the investigators agree then asked who gets custody, the accused and the absence of the other investigative activities; view the minutes of the proceedings activity of his involvement and the decisions concerning people he excuses;

b) suggest the Agency notice of the time and location to interrogate accused to be present when questioning accused;

c) suggested to change the conduct of the proceedings, the examiner, an interpreter under the provisions of this law;

d) collect documents, objects, situations involving the excuses from people detained, were accused, relatives of these people or from agencies, organizations, individuals at the request of the person detained, being accused otherwise in State secrets, secret task;

DD) given the document, objects, requirements;

e) Having the custody; having been accused are currently in detention;

g) Read, record and copy the documents in the case file concerning the excuses after the end of the investigation in accordance with the law;

h) join asked, arguing at the trial;

I) appeal, the Agency's litigation behavior, authorized person conducting the proceedings;

k) to appeal the verdict, the decision of the Court if the accused is a minor or a person who has the downside of mental or physical specified in point b of paragraph 2 Article 57 of this law.

3. The excuses are obliged: a) using all measures prescribed by law to unravel the details determine who gets custody, the accused, the accused is innocent, the extenuating circumstances for criminal liability of the accused, the accused.


Depending on each stage of the proceedings, when the collected documents, objects related to the case, the person responsible for assigning counsel investigation, Procurator, court. The delivery of the documents, that between the objects and the agency conducting the proceedings must be instituted thereon in accordance with Article 95 of the code;

b) Helps people detained, were accused in order to legally protect the rights and legitimate interests;

c) not refuse to make excuses for people detained, were accused that I assume the excuses, without good reason;

d) adhering to the truth and the law; not be bribed, forced or incited others to declare the deceitful, untrue material provided;

DD) available according to the summons of the Court;

e) not disclosed a secret investigation that I know when to make the excuses; not used documents have chronicled, copy in the case file on purpose infringe the interests of the State, the rights, legitimate interests of agencies, organizations and individuals.

4. The person making unlawful excuses then, depending on the nature and extent of the violation that revoked the certificate of the excuses, disciplinary, administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Article 59. The protection of the rights of the 1. The victim, the civil plaintiff, the civil defendant, whose rights, obligations relating to criminal cases have the right lawyer, staff or others are investigating agencies, Procuracy, the courts accepted the protection of the rights for themselves.

2. The protection of the rights of the litigants are proceedings from when the prosecution accused.

3. The protection of the rights of the litigants have the right to: a) put out the document, objects, requirements;

b) Read, record and copy the documents in the case file concerning the protection of the rights of the litigants at the conclusion of the investigation according to the provisions of the law;

c) participate, question, debate at the trial; view the minutes of the trial;

d) appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings.

The protection of the rights of the victim, the civil plaintiff, the civil defendant have the right to propose changes to the conduct of the proceedings, the examiner, an interpreter under the provisions of this law.

For litigants are juveniles, the downside of mental or physical, the guardians of the rights they are entitled to be present when the bodies conducting proceedings took the testimony of people he defended; part of the Appeal judgment, the decision of the Court to have regard to the rights, obligation of the people he protects.

4. The protection of the rights of the litigants are obliged: a) using all measures prescribed by law to contribute to clarify the facts of the case;

b) Helps litigants to legally protected rights, legitimate interests of them.

Article 60. The examiner 1. The examiner is the person who has the necessary knowledge of the field needs assessment is the agency conducting the proceedings in accordance with the referendum law.

2. The examiner has the right: a) learn the materials of the case are related to object to the assessment;

b) requires that the Agency provides examiners referendum documents required for the conclusion;

c) involved the question, testimony and questioning about matters relevant to the inspection object;

d) refused to perform inspections in case of not enough time to conduct the assessment, the documentation provided is not enough or no value to the conclusion, content assessment requirements exceeds the scope of his professional knowledge;

Write own comments) his conclusion on a general conclusion if not consistent with the General conclusions in the case of inspections by a team of examiners to conduct.

3. The examiner must be present according to the summons of the investigating agency, Procurator, Court; not revealed a secret investigation that they know when to join the proceedings as the examiner.

The examiner rejected the conclusion that there is no reason they must bear criminal liability under article 308 of the criminal code. The examiner concluded cheating shall be subject to criminal liability under article 307 of the criminal code.

4. The examiner must refuse to participate in the proceedings or altered, if: a) In one of the cases specified in paragraph 1 and paragraph 3 Article 42 of this law;

b) conducted the proceedings as heads, Deputy Heads of the investigation, the investigator, the Director, Deputy Director of the Institute of the Prosecutor, the Prosecutor, the Chief Justice, Deputy Chief Justice of the Court, the judge, jurors, court clerk or participated as the excuses, witnesses , an interpreter in the case.

The change agency examiners referendum decision.

Article 61. Translator 1. Translator by the investigating authorities, the Procurator or the Court required in the case of participants in the proceedings are not to be used for Vietnamese.

2. An interpreter to be present according to the summons of the investigating agency, Procurator, Court and must translate honesty; not revealed a secret investigation; If false, the interpreter must bear criminal liability under article 307 of the criminal code.

3. Translator must refuse to participate in the proceedings or altered, if: a) In one of the cases specified in paragraph 1 and paragraph 3 Article 42 of this law;

b) conducted the proceedings as heads, Deputy Heads of the investigation, the investigator, the Director, Deputy Director of the Institute of the Prosecutor, the Prosecutor, the Chief Justice, Deputy Chief Justice of the Court, the judge, jurors, court clerk or participated as the excuses, witnesses , the examiner in the case.

Changing the interpreter decided to request Agency.

4. The provisions of this Article also apply to people who know the signs of someone who is deaf and mute.

Article 62. Responsible for interpreting and ensuring implementation of the rights and obligations of the participants in the proceedings, the body conducting the proceedings is responsible for interpreting and ensuring implementation of the rights and obligations of participants in proceedings under the provisions of this law. The interpretation must be recorded in the minutes.

Chapter V EVIDENCE Article 63. The problems must prove in criminal cases When the investigation, prosecution and trial of criminal cases, the investigating authorities, the Procurator and the Court must prove: 1. Have the offence occurred or not, the time, location and other details of the offence;

2. who is the person who made the offence; There was an error or no error, because intentionally or unintentionally; has the capacity of criminal responsibility or not; the purpose, criminal engines;

3. The aggravation, mitigating criminal liability of the accused, the accused and the characteristics about the identity of the accused, the accused;

4. The nature and extent of the damage caused by the offence caused.

Article 64. Evidence 1. What is the real evidence, collected in sequence, the procedure prescribed by this law that the investigating agencies, the Procurator and the Court used as a basis to determine whether or not the offence, the offence as well as other details necessary for the proper resolution of the case.

2. Evidence is determined by: a) physical evidence;

b) testimony of witnesses, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case, the person is arrested, the person detained, being accused;

c) concluded the assessment;

d) the minutes of investigative activities, the hearing and the documents, other objects.

Article 65. Gathering evidence


1. To collect evidence, the investigating agencies, the Procurator and the Court has the power to summon people who knew about the case to ask questions and hear them presented on matters relevant to the case, the referendum, conducted examine, examination and other investigative activities under the provisions of this law; the request body, the organization offers individual documents, objects, presented the details to clear up the case.

2. The participants in the proceedings, agency, organization or any individual can give documents, objects and presents the issues related to the case.

Article 66. Reviews of evidence 1. Each evidence must be evaluated to determine the legality, authenticity and relevance to the case. Identifying the evidence collected to ensure enough to solve criminal cases.

2. Investigator, Prosecutor, judge and assessors identify and assess all the evidence with full responsibility, after studying a synthetic way, objective, comprehensive and complete all details of the case.

Article 67. Testimony of witnesses 1. Witnesses presented what they know about the case, the identity of the person arrested, the person detained, accused, defendant, the victim, the relationship between them with the people arrested, the person detained, accused, defendant, the victim, witnesses and to answer the questions posed.

2. Not to be used as evidence by the witness presented, if they can not clear why know the details.

Article 68. The testimony of the victim 1. The victim presented the details of the case, the relationship between them with people who are arrested, detained, people being accused and answer the questions posed.

2. Not to be used as evidence by the person harmed, if they can not clear why know the details.

Article 69. The testimony of the plaintiff, the civil defendant 1. The civil plaintiff, the civil defendant presented about details related to the compensation of damage caused by the crime.

2. Not to be used as evidence by the civil plaintiff, the civil defendant presented, if they can not clear why know the details.

Article 70. Testimonies of people who have rights, obligations relating to case 1. People have rights, obligations related to the case presented on the directly related to rights, obligations of them.

2. Not to be used as evidence because the people have rights, obligations related to the case presented, if they can not clear why know the details.

Article 71. The testimony of the person arrested, detained Persons are arrested, detained about details related to the suspected criminal execution.

Article 72. The testimony of the accused 1. Accused the accused presented the details of the case.

2. The word of the guilty of the accused, the accused may only be considered evidence, if consistent with the other evidence in the case.

Do not use the word guilty of being accused of doing the only evidence to the crime.

Article 73. Conclusion the assessment 1. The examiner concluded about the matter are required and have to be responsible about that conclusion.

Conclusion the assessment must be made in writing.

If the assessment by a team of examiners to conduct all the members signed on to a general conclusion. In the case of differing opinions, then each record separately its conclusion comments into a common conclusion.

2. In the case of the agency conducting the proceeding does not agree with the conclusion, they must clearly state the reason, if the conclusion unclear or incomplete then decided the additional assessment or assessment under the General procedure.

Article 74. Physical evidence physical evidence was used to make tools, criminal means; bearing traces of crime, is the object of the crime as well as money and other valuable things prove the crime and the offender.

Article 75. Collect and preserve physical evidence 1. Physical evidence should be collected timely, full, described true reality in minutes and put into the case file.

In the case of physical evidence could not take on the case file then you have to shoot and can burn the image to put on the record of the case. Evidence must be sealed, preserved.

2. Physical evidence to be preserved intact, not to confused, lost and damaged. Sealing and preserving physical evidence shall be as follows: a) for physical evidence need to be sealed must be sealed immediately after collection. The seal, open the sealing must be conducted in accordance with the law and to established thereon for inclusion in the case file;

b) physical evidence is money, gold, silver, precious metal, precious stones, antiques, explosive, flammable, poisonous, radioactive substances must be assessed immediately after collection and must move immediately to preserve in the Bank or other specialised agencies;

c) for physical evidence could not bring about the agency conducting the proceedings to the preservation of the body conducting the proceedings delivered evidence that shows the owner, legal Manager object, property or enjoyed or local authorities, bodies, institutions where there is physical evidence preservation;

d) for physical evidence is perishable goods or hard to preserve if not in the case prescribed in clause 3 Article 76 of this law, the competent agency specified in clause 1 Article 76 of this law within the scope of their powers decided to sell under the provisions of the law and the money transferred to the account of the custody of the competent authority at the Treasury State to manage;

DD) with respect to the evidence put the Agency on the conduct of the proceedings preserved the police agencies have a responsibility to preserve evidence during the period of investigation, prosecution; judgment enforcement agency responsible for the preservation of physical evidence in the trial stage and the implementation of projects.

3. Who is responsible for the preservation of physical evidence that for the loss, damage or destruction of the sealing, consumer, transfer, μtorrent, hiding or destroying the evidence of the case, depending on the nature and extent of the violation being disciplined or arrested save for criminal responsibility according to the provisions of article 310 of the criminal code; in the case of add, remove, modify, cancel, switch, damaging physical evidence of a crime to falsify the case file shall incur criminal liability under the provisions of article 300 of the criminal code; If the damage is compensated according to the provisions of the law.

Article 76. Handling physical evidence 1. The handling of evidence by the investigating authorities decide, if the case was suspended in the investigation stage; the decision by the Prosecutor, if the case was suspended at the stage of prosecution; due to the Court or the trial decision in a trial stage. The enforcement of the decisions about the handling of evidence must be recorded in the minutes.

2. Physical evidence is processed as follows: a) is the physical evidence, criminal means, materials prohibited circulation then seized, State funds supplement or destroyed;

b) is the physical evidence, money owed to the State, the Organization, the individual being the offenders seized or used as tools, means of the crimes charged back to the owner or person in lawful management; in no case determine the owner or manager shall state funds supplement legal;

c) physical evidence is money or property because of sin that have seized the State funds supplement;

d) physical evidence is perishable goods or hard to preserve it may be sold in accordance with the law;

DD) physical evidence has no value or use shall be confiscated and destroyed.


3. In the process of investigation, prosecution, trial, the competent agency specified in clause 1 of this article has the right to decide to return the physical evidence specified in point b of paragraph 2 of this Article to the owner or Manager, if found not to affect the handling of the case.

4. In the event of dispute of ownership with regard to physical evidence shall resolve according to civil proceedings.

Article 77. The minutes of investigative activities and trial details are recorded in the report on the arrest, examine, examination of the scene, autopsy, confront, experimental investigation, identity, the minutes of the trial and other proceedings on the activities conducted under the provisions of this law may be considered as evidence.

Article 78. The document, other items in the case details are relevant to the case are recorded in the material as well as material by the Agency, organization, individual offers may be considered as evidence.

In case the documents, items are the hallmarks prescribed in article 74 of this law shall be considered as evidence.

Chapter VI MEASURES Prevent 79. And measures to apply preventive measures to timely prevent crime or when the base proved to be accused will cause difficulties for the investigation, prosecution, trial or will continue to sin, as well as when the need to guarantee the enforcement of the judgment, the investigating agency , The Procuracy, the courts in the jurisdiction of his proceedings or the authorized person under the provisions of this law may apply one of the following preventive measures: arrest, detention, custody, all away from the residence, said the field, put the money or valuable property to insure.

Article 80. Catch the accused defendants to detention 1. The following people have the right to order the arrest were accused for detention: a) the Director, Deputy Director of the people's Procuracy and the military Procuracy;

b) Chief Justice, Deputy Chief Justice courts and military courts at all levels;

c) judge held court, Associate Chief Justice Chief Justice Court of Appeals Court of the Supreme People's Court; The Board of review;

d) heads, Deputy Heads of agency level. In this case, the warrant must be Procurator at the same level to ratify before implementation.

2. A warrant must specify day, month, year, name, position of the order; name, address of the person arrested and the reasons. A warrant must be signed by the person who ordered it and stamped.

The execution must read command, explained the order, the rights and obligations of the person arrested and to set the minutes about the catch.

When conducting deportations in place that residents must have a representative Government of the communes, wards and towns and neighbouring people of the person arrested. When conducting deportations in place that work must have representative organizations where people work. When conducting the arrest of people in other places have to be witnessed by representatives of Government, the Township, Ward, the place where the arrested person.

3. Do not be caught at night, except in cases of emergency, arrest offenders handed or who are wanted the provisions of article 81 and article 82 of this law.

Article 81. Arrest in case of emergency 1. In the following case, it is the emergency Catcher: a) When there are grounds for that person that is preparing to make very serious offences or particularly severe crimes;

b) When the victim or the person who is present at the site of the main crime-eye sighted and confirm it is true that people who have done the crime which it deems necessary to prevent the person immediately away;

c) When found to have traces of crime in person or in accommodation of persons suspected of criminal execution and deems necessary to prevent the person immediately hid or destroyed evidence.

2. The following person has the right to order the arrest of people in case of emergency: a) heads, Deputy Heads of agency level;

b) the Commander of the military unit independent regiments and their equivalents; the Commander of the frontier in the Islands and the border;

c) the Commander of the ship, the ship, when the ship, the ship had left the airport, the harbor.

3. Content of the warrant and the warrant enforced people in urgent cases as prescribed in paragraph 2 of this law 80.

4. In all cases, the emergency must be arrested immediately for the Procuratorate at the same level in writing accompanied by the documents relating to the urgent commencement to consider ratification.

The Prosecutor must institute strict prosecution pursuant to emergency arrest provisions in this Article. In case of need, the Procurator must meet, asked who was arrested before the review, the decision to approve or not to approve.

Within 12 hours from the receipt of the proposal review and approval of documents related to the emergency catcher, the Procurator must make a decision to approve or not to approve. If the Procurator decided not to ratify the who was ordered to return immediately to the person arrested.

Article 82. Catch the offender handed or are wanted 1. For people who are making the crime or immediately after the crime was discovered or Chase, as well as people who are wanted, any person would also have the right to arrest and immediately to the police, the Prosecutor or the nearest place people's Committee. The Agency must establish the minutes and the right people arrested to the competent investigation authority.

2. When catch offenders tang or who are wanted, it would also have the right to strip the weapon's gas, hung was arrested.

Article 83. What to do immediately after the catch or get people arrested 1. After the catch or get people arrested in the case of an emergency or a crime result tang, investigating authorities must immediately take a statement and within 24 hours to decide the custody or freed people arrested.

2. for people who wanted the after the testimony, the Agency received the arrest must immediately notify the Agency had wanted to make a decision to get people arrested.

After the arrest, the Agency took the decision to pursue immediately decided the family wanted. In case it deems the Agency had decided not to pursue getting right people arrested after the testimony, the investigating authorities received arrest must now decide the custody and immediately notify to the Agency the decision had wanted to know.

After receiving the notice, the Agency has decision-making authority to arrest most wanted custody to detention orders and send out the order of detention was Procurator at the same level for investigating authorities get people arrested. After receiving the order of detention, the investigating agencies get people arrested are responsible for the immediate award that person to the nearest detention camp.

Article 84. The minutes of the arrested person 1. The execution of a warrant in all cases must be founded thereon.

The minutes must specify the date, hour, month, year, location, where established thereon; the work done, the situation of when execution begins, the objects, document custody and complaints of the people arrested.

The minutes must be read to the people arrested and those who witnessed the hearing. People arrested, who executed a warrant and witnesses must sign the minutes, if anyone has other ideas, or do not agree with the content thereon shall have the right to record in the minutes and signed.

The custody of document objects, people arrested must be conducted according to the provisions of this law.

2. When delivered and get people arrested, on shipping are founded thereon.


In addition to the points already stipulated in paragraph 1 of this article, report delivery must also specify the delivery of the report on the testimony, objects and documents were collected, the health status of people arrested and every episode occurred at delivery.

Article 85. Notification of arrest ordered, the investigative agencies get people arrested must immediately notify the family who was arrested, authorities communes, wards, towns or agencies, the organization where the person resides or works know. If the notification impedes the investigation then after barriers no longer exist, who ordered the arrest, authorities received arrest must immediately notify.

Article 86. Custody 1. Custody may be applied to those arrested in the case of an emergency, crime, the offender handed himself in, turning or for people arrested by the decision.

2. Who has the right to order the arrest of emergency regulations in paragraph 2 Article 81 of this Act, the Commander of the marine police region has the right to decide the custody.

The enforcement of custody decisions must explain the rights and obligations of the person in custody specified in article 48 of this law.

3. within 12 hours from when the decision of custody, custody decisions are addressed to the Procuratorate at the same level. If the detention review is not grounded or is not necessary, the Procuratorate decision to cancel the decision of custody and detention decision must immediately return to the person detained.

The custody decision must specify the reason for detention, custody and expiry date must be delivered to the custody of a.

Article 87. The time limit for custody 1. The time limit for detention not exceeding three days, since the authorities get people arrested.

2. where necessary, the decision of custody can extend the detention, but no more than three days. In exceptional cases, the decision of custody can extend the custody the second time but not more than three days. All custody cases must be approved by the same level of Procuracy; within 12 hours, since the get recommended to extend and documents related to the extension of detention, the Procurator must make a decision to approve or not to approve.

3. While on hold, if not enough to base the prosecution accused then immediately have to free people detained.

4. Duration of custody is deducted from the duration of detention. A day in custody a day of detention.

Article 88. Detention 1. Detention can be applied to be accused in the following cases: a) Being accused guilty of particularly severe; very serious offences;

b) Were accused of serious crimes, less serious offenders that the criminal penalty provisions on two years and have the bases for that person that can hide or obstruct the investigation, prosecution, trial or can continue to sin.

2. As for the accused, the accused is pregnant or are raising children under the age of thirty-six months, is an elderly, seriously ill people whose place of residence is clear that detention is not applied to other preventive measures, except in the following cases: a) the accused, the accused fled and was arrested under the warrant;

b) Were being applied to other preventive measures but continue an offence or intentionally causing serious obstruction to the investigation, prosecution, trial;

c) accused the accused offence compromised national security and have enough bases for that if not for their detention, it will cause harm to national security.

3. Who has the authority to order arrest are specified in article 80 of this law have the power to order detention. Ordered the detention of the persons specified in Article 80, paragraph 1 d of the Penal Code must be granted the same Procuratorate approved before implementation. Within three days from the date of the detention order, proposal review and approval documents, documents relating to the detention, the Procurator must make a decision to approve or not to approve. Procuracy must reimburse the Agency for records of the investigation immediately after the end of the review.

4. The Agency ordered detention must check the identity of the person with custody and notify families who suffered detention and for the Government of the province, the agency or organization, where people suffer detention resides or works know.

Article 89. The regime of custody, the detention regime of custody, detention is different for people who are criminal prisoners.

Where the custody, detention, mode of living, gift, contact with the family and the other mode is done according to the regulations of the Government.

Article 90. The caring relatives like and preserve the assets of the person detained, detention 1. When the custody, detention of juvenile who have children under 14 years of age or have relatives like is the disabled, the elderly without care, the agency that decides the custody, detention orders delivered to relatives that love to care. In the case of the detained, the detention has no relatives like the custody decision bodies detention order, delivered to the Government that people in care.

2. in the case of the detained, the detention home or other property without caretakers, preserving the bodies addressing the custody, detention orders have to apply these measures, proper preservation.

3. decision-making bodies the custody, detention orders to notify the person with custody, the detention remedies were applied.

Article 91. Prohibition to leave residence 1. Prohibition to leave residence is preventive measures can be applied against the accused, the defendant clearly residence to ensure their presence according to the summons of the investigating agencies, Procuracy, the courts.

2. The persons specified in clause 1 Article 80 of this Act, the judge assigned to preside the trial have the right to prohibition to leave residence.

Accused the accused must do the paper stayed not leave his place of residence, must be there on time, location stated in the summons.

The prohibition to leave residence must inform on the application of this measure to the authorities communes, wards and towns where being accused residents of being accused and delivered to the authorities communes, wards and towns to manage, keep track of them. In the case of accused has reason to temporarily leave the residence must be the consent of the Government of the communes, wards and towns where that person resides and must have the license of the Agency has applied the measures to prevent it.

3. Be accused violating the ban out of the residence will be applied to other preventive measures.

Article 92. The security field 1. The security field is preventive measures alternative to detention measures. Based on the nature and degree of danger to society of the offence and the identity of the accused, the accused, the investigating agency, Procurator, a court may decide for them to be protected.

2. Individuals can receive the security domains to be accused as their relatives. In this case, the minimum two people. Organizations can get the security field for the accused, the accused are members of his organization. When the security domains, individuals, or organizations to make paper guarantee not to be accused of continuing crime and ensure the presence of the accused, the accused according to the summons of the investigating authorities, the Procurator or the Court. When do the paper complained, the individual or entity receiving the security field was informed of the details of the case are related to the receipt of the security field.

3. The persons specified in clause 1 Article 80 of this Act, the judge assigned to preside the trial have the right to make decisions about security.


4. Personal accept told the field for being accused must be as good, qualities, strictly enforce the law. The field must be certified by the local government where the person resides or, where that person worked organization. For organizations receiving the security chiefs said the field must be certified by the head of the organization.

5. The individual or entity receiving the security field violates the obligation to have stayed is responsible for the obligation to have stayed and in this case the accused, the accused received the security field will be applied to other preventive measures.

Article 93. Latest money or valuable property to secure 1. Latest money or valuable property to insure is preventive measures alternative to detention measures. Based on the nature and degree of danger to society of the offence, the personal and property status of the accused, the accused, the investigating agency, Procurator, a court may decide to put their money or valuable property to insure their presence according to the summons.

2. The persons specified in clause 1 Article 80 of this Act, the judge assigned to preside the trial have the right to make decisions regarding the placing of money or valuable property to insure. The decision of the persons specified in point d of paragraph 1 to article 80 of this law must be at the same level Procuratorate approved before implementation.

3. the decision-making authority about the latest money or valuable property to insure must set the minutes stating the amount, the name and status of the property has been set and assigned to a suspect or the accused.

4. in the case of accused have been investigating agency, Procurator, court summons that absence without good reason, then the money or property will be sung by State funds and in this case the accused, the accused will be applied to other preventive measures.

In the case of accused in full observance of the obligations has stayed the proceeding authority has the responsibility to give back to them the money or property set.

5. Order procedure, the amount or value of the property must be set to ensure the custody, refund, no refund of the money or property was set to be made under the provisions of the law.

Article 94. Cancel or alternative preventive measures 1. When the case is suspended, then all the preventive measures applied must be cancelled.

2. the investigating agency, Procurator, court annulment of preventive measures when seeing is no longer needed or can be replaced with other preventive measures.

With regard to the preventive measures by the Procuratorate approve the cancellation or replacement must be decided by the Prosecutor.

Chapter VII REPORT, time limit, the COURT FEE Article 95. Minutes of 1. When conducting the activity, required to establish the minutes according to the form prescribed.

In the minutes stating the place, day, hour, month, in conducting the proceedings, the start time and the end time, the content of the activity, those conducting, participating in, or related to litigation activity, complaints, requests or suggestions.

2. The minutes of the trial must have the signature of presiding the trial and the court clerk. Report on the activities of other proceedings must be signed by the person specified in this law in each case. The fix in the minutes must also be confirmed by their signature.

Article 96. Calculation of time limits 1. The time limit prescribed by this law that are measured in hours, days and months. The night is calculated from 22 hours to 6 a.m. the following day.

When calculating the time limit by day, then the time limit will run out at the end of the 24-hour time limit. When calculating the time limit according to the month, the time limit runs out on of the following month; If, then there is no duplicate, then the time limit expired on the last day of that month; If the time limit runs out on holidays, the next first working day is counted as the last day of the time limit.

When calculating the duration of custody, the detention time limit expired on the end of the time limit stated in the order. If the time limit is calculated by month, a month is counted as thirty days.

2. in the case of invoices or documents are sent by mail, the time limit is calculated according to the postmark to the sender. If there are single or papers submitted through supervisory Board detention, detention, the time limit shall be calculated from the date the Board Superintendent detained, detention receipt or document.

Article 97. If the time limit expired recovery that have good reason, the proceeding authority to reinstate the time limit.

Article 98. Court fees of court fees is all it costs to conduct criminal proceedings including the remuneration for the witness, the victim, the examiner, the interpreter, the excuses in case the agency conducting the proceedings and other expenses under the provisions of the law; civil court fees in criminal cases.

Article 99. Responsibility to bear court fees 1. court fees by the person convicted or subject to State under the provisions of the law.

2. The person convicted to pay court fees as determined by the Court.

3. In case of the case to be prosecuted at the request of the victim, if the Court declares the defendant not guilty or the case be suspended according to the provisions in paragraph 2 of this law, the 105 Thing the victim to pay court fees.

The second PROSECUTION, CRIMINAL INVESTIGATION and PROSECUTION the Chapter VIII DECISIONS to PROSECUTE CRIMINAL Article 100. Pursuant to prosecute criminal cases only when the criminal prosecution has identified signs of the crime. Identifying signs of crime based on the following basis: 1. Elements of the citizens;

2. Notification of the agency or organization;

3. Report on the mass media;

4. the investigating agency, Procurator, Court, the border guard, customs, the police, Rangers and other agencies of public security of the people, people's army was tasked to conduct a direct investigation activities detected signs of crime;

5. The offender himself.

Article 101. Elements and reports about crime, citizens can denounces crime with the investigating authorities, the Procurator, court or with other agencies, organizations. If oral denounces the Agency, held the reception to set the minutes and signed by the person responsible.

The Agency held when discovered or received denounces of citizens must be informed immediately about the crime to investigating authorities in writing.

Article 102. The offender himself When the offender to confess, the Agency held the reception to set the minutes stating the full name, age, occupation, and the testimony of the person himself. The Agency held to receive the offender himself has the responsibility to notify the investigating authority or the Procurator.

Article 103. The task resolution denounces, crime reports, and recommended prosecution 1. The investigating agencies, the Procurator is responsible for receiving all notices, denounces crimes by individuals, agencies, organizations, and recommended prosecution by State authorities moved to. Procurator is responsible for the immediate transfer of the notification, elements of crimes and the prosecution recommendations accompanied by the relevant documentation was received to the competent investigation authority.

2. Within a period of twenty days from the date of the notification, the responsible of the crime, the prosecution recommendations, the investigating authorities within the scope of his responsibility to check, verify sources and decide whether to prosecute or not to prosecute criminal cases.

In the case being responsible, reports of crime or prosecute recommendations have more complex details or to check, verify in many locations, the time limit to solve denounces and notification may be longer, but no more than two months.


3. resolution denounces results, reports of crime or prosecute recommendations of State bodies must be sent to the Procuratorate at the same level and inform the Agency, the Organization was notified or who denounces crime know.

The investigating authority must adopt measures necessary to protect the person who was responsible for a crime.

4. the Procurator has responsibility for the Prosecutor handling the investigation agency for notification, denounces crime, and recommended prosecution.

Article 104. The decision to prosecute criminal cases 1. When identifying signs of the crime investigation agency must make decisions to prosecute criminal cases. The heads of border guard units, customs, Rangers, marine police and heads of other agencies of public security of the people, people's army was tasked to conduct a number of activities to investigate the decision to prosecute the case in the cases specified in article 111 of this code.

Procuracy a decision to prosecute in cases of criminal Procurator cancel decided not to prosecute the case of the agencies specified in this paragraph and in the case of trial required to prosecute the case.

The Board of review the decision to prosecute or to request the Procurator to prosecute criminal cases if the trial in a court that detect crime or new offenders need investigated.

2. The decision to prosecute the criminal must specify the time, basing the prosecution, provisions of the criminal code was applied and the name, position decision.

3. within 24 hours, since the decision to prosecute criminal cases, the Prosecutor must submit the decision to the investigating authorities to conduct the investigation; the decision to prosecute the enclosed documents related to the prosecution of criminal investigative agency, the border guard, customs, Rangers, coast guard forces, other agencies of public security of the people, people's army was tasked to conduct a number of investigative activities should be sent to the Procurator to prosecute the Prosecutor; the decision to prosecute by the Board of review must be sent to the Procurator for review, decided the investigation; prosecution of the trial sent to the Procurator for review, the decision whether to prosecute.

Article 105. Prosecute criminal cases at the request of the victim 1. The case of the offences set forth in paragraph 1 of article 104, 105, 106, 108, 109, 111, 113, 121, 122, 131 and 171 of the criminal code are prosecuted only upon request of the victim or the legal representative of the victim is a minor, the downside of mental or physical.

2. In the case who asked the prosecution to withdraw the request before opening the trial, then the case must be suspended.

In the case of the base to identify who had asked the prosecution to withdraw prosecution against due to their forced, raped the people has the required withdrawal of prosecution, investigation, Procuracy, the courts may still continue to conduct proceedings in respect of the case.

The victim withdrew the prosecution does not have the right to request return, unless requested by the forced withdrawal, raped.

Article 106. Changes or additions to decide to prosecute criminal cases 1. When determining the crime was wrong to prosecute the offence occurred, or there are other criminal investigation agencies, the Procuratorate decision to change or supplement the decision to prosecute criminal cases.

2. In case the Agency decided to change or supplement the decision to prosecute criminal then within 24 hours from when the decision to change or supplement the decision to prosecute the case, the investigating authority must send to the Procuracy to prosecute the Prosecutor.

In case the Procuracy decided to change or supplement the decision to prosecute criminal then within 24 hours from when the decision to change or supplement the decision to prosecute the case, the Prosecutor must submit to the investigating authorities to conduct investigation.

Article 107. The bases are not prosecuted criminal cases not prosecuted criminal cases when one of the following bases: 1. No criminal incident;

2. not constitute criminal behavior;

3. Who made the risky behavior to society has not yet reached the age of criminal responsibility;

4. People that their offense had the judgment or the decision to suspend the rule of law;

5. Out of time prejudice criminal liability;

6. Crimes were college dormitories;

7. Who made the risky behavior to society is dead, except as needed for the retrial of the others.

Article 108. The decision not to prosecute criminal cases 1. When one of the bases stipulated in article 107 of the code then the person has the right to prosecute the case to decide not to prosecute criminal cases; If the prosecution decides to cancel the decision to prosecute and to notified to the agencies, organizations, individuals were responsible or informed about crime knows the reason; If the review process by other measures, the transfer of records to the Agency, organization departments.

The decision not to prosecute criminal cases, decided to cancel the decision to prosecute criminal cases and the relevant documents must be sent to the Procuratorate at the same level within a period of 24 hours, since the decision.

2. Agencies, organizations, individuals were responsible or informed about crime have the right to appeal the decision not to prosecute the case. Jurisdiction and procedure for resolving complaints under the provisions of Chapter XXV of this law.

Article 109. Powers and responsibilities of the Prosecutor in the prosecution service courts 1. Procuracy practicing civil rights prosecutor, Prosecutor obey the law in the criminal prosecution, ensuring every detected crime must be prosecuted, the prosecution of the case and legal base.

2. In the case of the decision to prosecute in the criminal investigative agency, the border guard, customs, Rangers, marine police, other agencies of public security of the people, people's army was tasked to conduct a number of investigative activities not grounded then the Institute prosecution decision to revoke the decision to prosecute; If the decision not to prosecute the criminal of the body that does not have a base, then Procurator to cancel that decision and the decision to prosecute the case.

3. In the case of the decision to prosecute in the criminal trial's not grounded then the Institute prosecution appeal over the superior court.

Chapter IX GENERAL PROVISIONS ABOUT INVESTIGATING Article 110. The investigating authority 1. In the public security investigation agency people investigating all crimes, except for the crimes under the jurisdiction of the investigating authority investigation in the people's army and the investigating authorities of the Supreme People's Procuratorate.

2. the investigating agency in the people's army to investigate crimes in the jurisdiction of the military courts.

3. the investigating authorities of the Supreme People's Procuratorate to investigate some kind of invasion of judicial activity that the offender is of officers in the judiciary.

4. the investigating authorities have the authority to investigate criminal offences that occur in his Department. In the case of non-identified location occurs, the criminal investigations under the authority of the Agency where the crime detection, where the accused resides, or was captured.


The agency-level investigation, the investigating agency regional military investigate the criminal about crimes in the jurisdiction of civil courts, military courts area; Provincial authorities, military authorities investigating the military region level criminal about crimes in the jurisdiction of the provincial courts, military courts or the military region level the case under the jurisdiction of the investigating authority investigation under but found the need to direct the investigation. The central level authorities investigating the criminal about the crime especially serious, complicated investigative jurisdiction of provincial authorities, the Agency investigating the military-grade military districts but deems necessary to direct the investigation.

5. Organization, specific authority of the investigation by the Commission of the National Assembly.

Article 111. Investigative powers of the border guard, customs, Rangers, marine police and other agencies of public security of the people, people's army was tasked to conduct a number of investigative activities 1. When the detection of the offence to the extent that prejudice to criminal liability in the field of the management of the border guard, customs, Rangers, marine police force has the authority to: a) for less serious crimes in the criminal case, handed the evidence and background the obvious offenders , then the decision to prosecute the case, the prosecution accused the investigation and transfer the records to the competent procurator within twenty days from the date of the decision to prosecute the case;

b) for serious crimes, very serious, particularly serious or less serious offence but then complicated the decision to prosecute the case, conducted the initial investigation activities and the transfer of records to the competent investigation authority within seven days from the date of the decision to prosecute the case.

2. in the public security of the people, people's army, in addition to the investigative bodies specified in article 110 of this law, other agencies are tasked to conduct some investigation activity while on duty, if the detection of signs of the crime, shall have the right to prosecute the case. , conducted the initial investigation activities and the transfer of records to the competent investigation authority within seven days from the date of the decision to prosecute the case.

3. When conducting investigations, the border guard, customs, the police, Rangers and other agencies of public security of the people, people's army was tasked to conduct some investigation activities within the scope of the authority of their proceedings are done right principles order the proceedings for investigating activity according to the provisions of this law. Procurator is responsible for prosecution work comply with the law in the investigation activities of the Agency.

4. duties, powers of investigation activities of the border guard, customs, Rangers, marine police and other agencies of public security of the people, people's army was tasked to conduct a number of activities investigated by the national committees regulations.

Article 112. The duties and powers of the Procuracy when practicing the right public prosecutor during the investigation When the prosecution practice in the period of the investigation, the Procurator has the following powers and duties: 1. To prosecute criminal cases, the prosecution accused; require investigating authorities to prosecute or to change the decision to prosecute criminal cases, the prosecution accused under the provisions of this law;

2. the proposed requirements and require investigating authorities conducting the investigation; When it deems necessary, to conduct a direct investigation activities under the provisions of this law;

3. Requests the heads of the Agency investigating the investigator changes according to the provisions of this law; If the conduct of the investigated Member that signs the crimes prosecuted on criminal charges;

4. Decides to apply, the change or the cancellation of the measures of custody, arrest, detention and other preventive measures; approval decision, decided not to approve the decision of the investigation agency under the provisions of this law. In the case of non-approval, decided not to ratify must clearly state the reason;

5. Cancel the decision unfounded and contrary to the law of Agency; requires investigating authorities wanted accused;

6. decision on the prosecution of accused; the decision to suspend or temporarily suspended the case.

Article 113. The duties and powers of the Procuracy as prosecutor investigating When the prosecution investigation, Procuracy has the following powers and duties: 1. the Prosecutor to prosecute, the Prosecutor is investigating activities and establish the case file of the investigation;

2. the Prosecutor obeys the laws of the participants in the proceedings;

3. To resolve the dispute about the authority of the investigation;

4. Require investigating authorities to remedy the breach of the law in the investigation activities; require investigating authorities to provide necessary documents about the violation of the laws of the investigator; ask the investigating agency heads strict processing investigator violated the law while conducting the investigation;

5. Recommendations to the Agency, organization departments apply the precautionary measures crime and violate the law.

Article 114. The responsibility of the Agency in the implementation of the request and the decision of the procurator investigating authorities have the responsibility to make the request and the decision of the Procuracy. As for the request and the decision specified in points 4, 5 and 6 of this Law 112 Thing, if not unanimously, investigating authorities must still approve, but has the right to petition with the superior Procuratorate directly. Within twenty days from the date of receiving the recommendations of the investigating agencies, Procuracy supervisor must consider, resolve and report the results to the Agency had recommended.

Article 115. The responsibility to make decisions and requests of the Agency investigation, Procurator of the decision, the request of the investigating authorities, the Prosecutor in the investigation phase of criminal cases must be Agency, organized and citizens strictly obey.

Article 116. The transfer of the case to the investigation by the authority in case of the case not under the control of his investigation, the investigating agency must recommend the Procuratorate at the same level the decision to transfer the case to the competent investigative authorities to continue the investigation; within three days of receiving the Agency's recommendation to investigate, the Procuratorate at the same level are responsible for the decision to move the case.

The transfer case to the outside of the city, centrally or out of range by the military district people's Procuratorate, a provincial-level military Procuracy of military region decided.

Article 117. Enter or separating the criminal to conduct the investigation. Investigating authorities can enter to the investigation in the same case the case accused infringement crimes, many of the accused involved in a crime or that together with the accused still others conceal the crime or not responsible of crimes specified in article 313 and 314 of the criminal code.

2. the investigating body just split the case in these cases really necessary when unable to complete soon the investigation for all the crime and if the separation that do not affect the determination of objective and comprehensive facts of the case.

3. The decision to enter or separated criminal must be sent to the Procuratorate at the same level within a period of 24 hours, since the decision.

Article 118. Entrust the investigation


When necessary, the investigating authorities may entrust other investigation agency conducted a number of activities. The decision to entrust the investigation to specify particular requirements. Investigating authorities are entrusted responsibility to fulfill the work commissioned by the deadline that the Agency investigate the trustee requires.

Article 119. The duration of the investigation 1. The time limit for investigating criminal cases not more than two months for less serious crimes, not more than three months for serious crimes, not exceeding four months for very serious crimes and particularly serious crimes, since the prosecution of the case until the investigation ends.

2. In case of the need to extend the investigation by nature and complexity of the case, the latest is ten days before the expiration of the investigation, the investigating agency must have written a proposal to renew the Procuracy investigation.

The extension of the investigation are defined as follows: a) for less serious crimes can be renewed once the investigation no more than two months;

b) for serious crimes can be renewed two times investigation, for not more than three months and the second not exceeding two months;

c) for very serious offences can be renewal of the investigation twice, each time not to exceed four months;

d) for special crime can seriously be renewed investigation three times, each time not more than four months.

3. The authority to extend the investigation by the Procurator shall be as follows: a) for less serious crimes, the people's Procuratorate at district level, regional military Procuracy investigation extension. In the case of the case to be accepting to investigate at the provincial level, the military district-level people's Procuratorate, the provincial-level military Procuracy of military region extended the investigation;

b) for serious crimes, the people's Procuratorate at district level, the military Procuracy investigation extension area first and second. In the case of the case to be accepting to investigate at the provincial level, the military district-level people's Procuratorate, the provincial-level military Procuracy of military region extended the investigation first and second;

c) for very serious crimes, the people's Procuratorate at district level, military area Procuratorate investigated the first extension; The people's Procuratorate, a provincial-level military Procuracy of military region extended the investigation a second time. In the case of the case to be accepting to investigate at the provincial level, the military district-level people's Procuratorate, the provincial-level military Procuracy of military region extended the investigation first and second;

d) with respect to the crime is especially serious, the provincial people's Procuratorate, the military Procuracy of military region level the first investigation of renewal and second; The Supreme People's Procuratorate, the Central Military Procurator renewed investigation last Tuesday.

4. In case of the case to be accepting to investigate at the central level, the extension of the investigation under the authority of the Supreme People's Procuratorate, the Central Military Procurator.

5. for particularly severe crime that extended time limit has expired, but due to the very complex nature of the case that have not been able to end the investigation, the Director the Supreme People's Procuratorate can renew once no more than four months.

As for the charges of violating the National Security Minister Supreme People's Prosecutor has the right to renew again not more than four months.

6. When the time limit has expired to renew that investigation did not prove to be the accused had made the crime investigation agency to decide to suspend the investigation.

Article 120. The duration of detention to investigate 1. The time limit for detention of accused to investigate not more than two months for less serious crimes, not more than three months for serious crimes, not exceeding four months for very serious crimes and particularly serious crimes.

2. in case there are more complex, consider the need to have a longer period of time for the investigation and do not have to change or cancel the detention measure, the latest is ten days before the expiry of the detention, the investigating agency must have written recommendations to institute prosecution renewed detention.

The extension of detention is regulated after the mass: a) for less serious crimes can be renewed once the detention not exceeding one month;

b) for serious crimes can be renewed two times, first in the detention for not more than two months and the second not exceeding one month;

c) for very serious crimes can be renewed two times, Saturday detention for not more than three months, the second not exceeding two months;

d) for special crime can seriously be extended detention three times, each time not more than four months.

3. The authority to extend the detention of the Procuracy shall be as follows: a) the people's Procuratorate at district level, the regional military prosecutor has the power to extend detention for less serious crimes, the extension of the first detention for serious crimes and offences are very serious. In the case of the case to be accepting to investigate at the provincial level, the military district-level people's Procuratorate, the provincial-level military Procuracy of military region have the power to extend detention for less serious crimes, the extension of the first detention for serious crimes, very serious crimes and particularly severe crimes;

b) in the case of extended detention of war as defined in point a of this paragraph out of which has yet to finish the investigation and do not have to change or cancel the detention measure, the people's Procuratorate at district level, military area procuratorate may extend the detention for the second time for a serious crime. The people's Procuratorate, a provincial-level military Procuracy of military region can extend detention for the second time for serious crimes, very serious crime, particularly serious crime.

4. In case of the case to be accepting to investigate at the central level, the extension of detention under the authority of the Supreme People's Procuratorate, the Central Military Procurator.

5. for particularly severe crimes, in which case the time limit for the extension of detention of the second specified in point b of paragraph 3 of this article has ended and the case got more complicated without a base to change or cancel the detention measure, the Minister Supreme People's Prosecutor can extend the detention for the third time.

In case of need for invasion, the National Security Minister Supreme People's Prosecutor has the right to renew again not more than four months.

6. During detention, if it deems unnecessary to continue detention, the investigating authorities must promptly suggest Procurator detention annulled to return your equipment or detention review should then apply preventive measures.

When the detention period has expired, the person who ordered detention must free people with detention or consider necessary to apply preventive measures.

Article 121. The recovery period of the investigation, additional investigations, the investigation back to 1. In the case of recovery of the investigation provisions of article 165 of the code, the time limit for the investigation forward no more than two months for less serious crimes, serious crimes and offences are very serious, no more than three months for the crime is particularly serious, since the recovery decision of the investigation until the investigation ends.

In case of a need to extend the investigation by nature and complexity of the case, the latest is ten days before the expiration of the investigation, the investigating agency must have written a proposal to renew the Procuracy investigation. The extension of the investigation are defined as follows:


a) for serious crime and very serious crime be extended no more than two times a month;

b) for particularly severe crimes be renewed once the investigation no more than three months.

The authority to extend the investigation for each type of crime as stipulated in paragraph 3 Article 119 of this code.

2. In the case of the case by the Prosecutor returned to additional investigations, the additional investigation period not exceeding two months; If by the courts return to additional investigations, the additional investigation period not exceeding one month. Procurator or the Court shall only be returned to additional investigation no more than twice. Additional investigation period calculated from the date the Agency received the case file and asked to investigate.

3. In the event the case is returned to the investigation, the investigation period and extend the investigation according to the common procedure provided for in Article 119 of this code.

The investigation period is calculated from when the Agency receives and records requirements.

4. When the recovery of the investigation, additional investigations, the investigation, the investigating authorities have the right to adopt, change or cancel deterrent measures according to the provisions of this law.

In the case of the base under the provisions of this law, the term of detention must detention to investigate recovery, to additional investigation not be too time limit to recover additional investigation, investigation prescribed in clause 1 and clause 2 of this Thing.

The time limit for detention and extension of detention in case of the case to be investigated under the General procedure prescribed in article 120 of this Act.

Article 122. Solve the requirements of the participants in the proceedings when the participants in the proceedings are required on matters related to the case, the investigating authorities, the Procurator in the scope of its responsibilities, resolve their requests and let them know the results. In the case of non-acceptance of the request, the investigating authorities or the Procurator must answer and stating the reason.

If does not agree with the results solve of the investigating authorities or the Procurator, the participants in the proceedings have the right to complain. Complaints and complaints made under the provisions of Chapter XXV of this law.

Article 123. The participation of bystanders Who witness was invited to investigate activities in the cases prescribed by this Act.

The witness is responsible for verification of the content and results of the work that investigators had conducted while his face and can state personal opinions. your comments are recorded in the minutes.

Article 124. Not revealed a secret investigation in case of need to keep secret investigation, the investigator, the Prosecutor must inform the participants in the proceedings, the witness not revealed a secret investigation. The report must be recorded in the minutes.

Investigator, Prosecutor, who participated in the proceedings, the witness revealed a secret investigation, the customized case to criminal responsibility according to article 263, 264, 286, 287, 327 and 328 of the criminal code.

Article 125. The minutes of the investigation 1. When the investigation is established thereon according to the provisions of article 95 of the code.

Investigators established thereon must reread the minutes for the participants of the proceedings heard, explain to them the right to supplement and to comment on the minutes. That comment was recorded in the minutes. The participants in the proceedings and investigate and sign thereon.

2. In the case of participants in proceedings refuses to sign the minutes, then it must be recorded in the minutes and stating the reason.

3. If the participant in the proceedings because the downside of mental or physical or other reasons that were not able to sign the minutes shall specify the reason; Investigator and who witnessed the same confirmation.

Who does not know the word, the only point on the minutes.

Chapter X CRIMINAL ACCUSED and QUESTIONING ACCUSED Article 126. The prosecution accused 1. When there are sufficient grounds for determining that a person has taken offence, the investigating authorities make decisions to prosecute accused.

2. The decision to prosecute accused specify: time, location decisions; name, position decision; name, date of birth, occupation, family situation of the accused; suffering can be prosecuted for the crime, according to the provisions of the criminal code; the time, location and other details of the crime.

If the accused were prosecuted on various charges of different then in the decision to prosecute accused must specify each of the charges and the terms of the Criminal Code apply.

3. after the prosecution accused, the investigating authority must establish only a photograph, of the accused and put into the case file.

4. within 24 hours, since the decision to prosecute accused, the investigating agency must submit the decision to prosecute and documents related to the prosecution accused it for the Procuratorate at the same level to consider the approval of the prosecution. Within three days from the date of the decision to prosecute accused procuratorate must decide to approve or decide to cancel the decision to prosecute accused and sent immediately to the investigating agency.

5. In the event that the person has done criminal acts have yet to be prosecuted, the Procurator requested the Agency to investigate the decision to prosecute accused.

After receiving the record and concluded that investigation Procurator discovered someone else had made the offence in the case have yet to be prosecuted, the Procuratorate accused prosecution decisions. Within 24 hours, since the decision to prosecute accused procurator are submitted to the investigating authorities to conduct investigation.

6. the investigating authorities to immediately decide to prosecute accused or decide to prosecute accused of Procuratorate and explains the rights, obligation for the accused prescribed in article 49 of this law. After getting the approval decision or decide to cancel the decision to prosecute accused of the Procuracy, the investigation must be delivered immediately to the person has been prosecuted. The delivery of the aforementioned decisions are founded thereon according to the provisions of article 95 of the code.

Article 127. Changes or additions to decide to prosecute accused 1. When the investigation, if the base is defined the offence of not committing crimes have been prosecuted or also other offences, the investigative organs, procuratorate decides to change or supplement the decision to prosecute accused.

2. Within a period of 24 hours, since the decision to change or supplement the decision to prosecute accused, the investigating agency must submit the decision and documents relevant to the changes or additions to the Procuratorate at the same level for approval. Within three days from the date of the decision to change or supplement the decision to prosecute accused procuratorate must decide to approve or decide to cancel the decision to change or supplement the decision to prosecute accused.

Within 24 hours from when the Procuratorate decision to change or supplement the decision to prosecute accused procurator are submitted to the investigating authorities to conduct investigation.

3. the investigating authorities to immediately decide to change or supplement the decision to prosecute accused or decide to change or supplement the decision to prosecute accused by the Procurator and explains the rights, obligation for the accused prescribed in article 49 of this law. After getting the approval decision or decide to cancel the decision to change or supplement the decision to prosecute accused of the Procuracy, the investigation must be delivered immediately to the person has been prosecuted. The delivery of the aforementioned decisions are founded thereon according to the provisions of article 95 of the code.

Article 128. Suspension from duty accused who


When found the accused to continue serving that cause difficulties for the investigation, the investigating authorities, the Procurator has the right to petition with the Agency, the competent organizational management accused suspension the position of the accused. Within seven days from the date of the petition, the Agency, the Organization must respond in writing to the investigating authorities, the Procurator has the petitions said.

Article 129. Summon the accused 1. When summoned to investigator accused of sending summons. Summons accused stating the name, accommodation of accused; day, hour, month, year, location, presence, meet anyone and responsible for absence without good reason.

2. Summons accused sent authorities communes, wards and towns where the accused resides or to the Agency, held where the accused worked. The Agency, the organization received the summons is responsible for turning immediately summons for the accused.

Upon receipt of the summons, the accused must clearly newsletter, the time and date received. People move summons must move summons have newsletter of Agency has summoned the accused; If the accused does not then you have to set up a newsletter about it and send it to the Agency summoned accused; If the accused is absent then maybe delivered summons to a person in his family to have been signed and delivered to the accused. Accused are currently in detention was convened through the Supervisory Board of the detention camp.

3. the accused must be present according to the summons. In the case of absence without good reason or is evading the investigator can decide to apply.

4. where necessary, the Prosecutor may summon the accused. The summoned accused be conducted as prescribed in this article.

Article 130. Pressure foreign suspect in Prize 1. Award decision accused stating the time, place and decisions; name, position decision; name, date of birth, place of residence of the accused; charges that the accused have been prosecuted; time, the accused must be present.

2. The decision to award reading, interpretation and decision thereon apply the award according to the provisions of article 95 of the code.

3. do not pressure the accused award at night.

Article 131. Interrogate accused 1. The questioning accused by investigators conducted immediately after a decision to prosecute accused. Can interrogate suspect in the investigation or in the residence of that person.

Before the questioning, the investigator must read decided to prosecute accused and explained to the accused to know the rights and obligations under the provisions of article 49 of this law. This must be recorded in the minutes.

If the case has many of the accused then asked each person and not to own them in contact with each other. Maybe for the accused himself wrote his testimony.

2. Do not ask the Palace at night, except in the case could not be postponed, but must specify the reason on the minutes.

3. where necessary, the Prosecutor may question accused. The question was can be conducted as prescribed in this article.

4. the investigator or procurator or pics used humiliation pictures for the accused shall incur criminal liability under the provisions of article 299 or 298 of the criminal code.

Article 132. Minutes of questioning accused 1. Minutes of questioning accused must be established according to the provisions of article 95 and article 125 of this Act.

Each question must be founded thereon. The minutes must record the full lyrics of the presentation of the questions and answers. Prohibits the investigator himself more, remove or fix the testimony of the accused.

2. After the questioning, the investigator read the minutes for the accused to be heard or can self reading. In the case of additions and repairs thereon, the accused and investigators at the same sign. If the minutes are more the page can sign each page of the minutes. In case the accused himself written testimony the investigator and accused the same signed declaration.

If the questioning was recorded then after questioning, to play back to the accused and investigators at the same hearing. The minutes must record the content of the question, the accused and investigators at the same sign.

In case the question was can someone translate the investigator must explain the rights and obligations of the translator, and explained to the accused know the right to request changes to an interpreter. Translator and accused of the same sign on each page of the report on the question.

3. When questioned has to face the excuses, the legal representative of the accused then the investigator must explain to these people know their rights and obligations while questioning accused. Accused, the counsel, the legal representative of the same sign minutes of questioning.

In the case of the accused then asked excuses in the minutes to a full record of the questions and answers of the accused.

4. In case the Prosecutor questioning accused then must follow the provisions of this Article.

Chapter XI TESTIMONY The WITNESS, The VICTIM, The CIVIL PLAINTIFF, The CIVIL DEFENDANT, Whose Rights, OBLIGATIONS RELATED To The Case. And IDENTIFY the Article 133. Summon witnesses 1. When summoning witnesses, the investigator must submit a summons. Summons witnesses must indicate the name, accommodation of witnesses, time, day, month, year and place of present; see who and responsible for absence without good reason.

2. the summons was delivered directly to witnesses or through Government communes, wards, towns or agencies, held where the witness resides or works. The Agency, the organization that is responsible for the witness service.

In all cases, the delivery of summons must be signed.

3. Summons witnesses not enough 16 years were delivered to the parents or other legal representatives.

4. where necessary, the Prosecutor can summon witnesses. The summoned witness is made according to the provisions of this Article.

Article 134. The lead witness award 1. In the case of witnesses has been investigating agencies, Procuracy summoned but deliberately not come without good reason and the absence obstruction the investigation, prosecution, the Agency has summoned witnesses can lead the award decision.

2. The decision to award lead witnesses stating the time, place and decisions; name, position decision; name, date of birth, place of residence of the witness; time, location, witnesses must be present.

3. The enforcement of the decision to award reading guide, explaining the rights and obligations of witnesses and set the minutes about the leads keep the provisions of article 95 of the code.

4. Do not be lead witness award at night.

Article 135. Testimony witnesses 1. The testimony witnesses be conducted in the place of investigation or residence, the person's place of work.

2. If the case had many witnesses to testimony private individual and not to let them in contact with each other during the testimony.

3. Before the testimony, investigators must explain to the witness know their rights and obligations. This must be recorded in the minutes.

4. Before you ask about the content of the case, the investigator needs to verify the relationship between the witnesses with the accused, the victim and other details about the identity of the witness. Investigators should ask the witness to tell or write what they know about the case, then ask the question. Not questioning the nature of suggestions.


5. When obtaining the testimony of witnesses under the age of 16 must invite a parent or other legal representative or teacher, the teacher of the people that attend.

6. where necessary, the Prosecutor could take the testimony the witness. The testimony witnesses be conducted as prescribed in this article.

Article 136. The minutes record the testimony of the witnesses record the testimony of the witness must be established in accordance with articles 95, 125 and 132 of this law.

Article 137. Convene, the testimony of the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case The summons, the testimony of the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case be conducted as prescribed in articles 133 135, and 136 of this Act.

Article 138. For substances 1. In case of inconsistencies in the testimony between two or more people, then the investigator conducts.

2. If there are witnesses or the victim participation for first quality investigators must explain to them the responsibility for the denial, evade declare or deliberately deceptive declarations. This must be recorded in the minutes.

3. When starting to confront, investigators asked about the relationship between the participants confront, then ask them about the need to unravel. When heard the testimony of respondent, the investigator may ask more.

Investigators can also let participants confront each other; questions and answers of these people must be recorded in the minutes.

Only after the participant has completed new confrontations prompted the earlier testimony.

4. The minutes for the substance must be established in accordance with articles 95, 125 and 132 of this law.

5. where necessary, the Prosecutor can proceed. Confrontation is conducted under the provisions of this Article.

Article 139. The identity 1. When necessary, the investigator can invite people or Bringing animals, picture for the witness, the victim or the accused.

Investigators must ask the details about identification, trace and characteristics that thanks to which they can identify.

2. Number of people, animals or given to identify at least three and appearance are similar to the same. With regard to the identification of the body do not apply this principle.

In special cases can give confirmation through the voice.

3. If the witness or the victim's identity, the person before you proceed, investigators must explain to them the responsibility for the denial, evade declare or deliberate deceptive declarations. The interpretation that must be recorded in the minutes.

4. While the conduct identified, investigators not to question the hint nature. After the who confirmed the identification of a person, an object or a picture in the number given to identify the investigator ask them to explain that they were based on the trace, or what characteristics that confirm the animal or photo.

The conduct of identification to present witnesses.

5. The minutes of the identity must be established in accordance with articles 95, 125 and 132 of this law. In a note of identity and the identity of the person who is given to identify; the characteristics of the object, the image is given to the identity; the lyrics declare, the presentation of the identification.

Chapter XII EXAMINED, SEIZURE, CUSTODY, PROPERTY LEVY Article 140. The base, the people screening, job, location, objects, letters, telegrams, postal parcels 1. The visit, the people, the work, the site only be conducted when there are grounds for review in person, accommodation, job, location of a person who has the tools, the means of offence, objects, property crimes which have caused or objects, other documents related to the case.

The examination accommodation, work, location, also be conducted when necessary, detect who is wanted.

2. When you need to collect documents, objects related to the case, you can visit the correspondence, telegrams, parcels, Mailer.

Article 141. The authority ordered examined 1. Those specified in paragraph 1 to article 80 of this Act has the right to order the police in all cases. Warrant review of those specified in Article 80 paragraph 1 d of this law must be at the same level Procuratorate approved before implementation.

2. In no case be delayed, those specified in paragraph 2 to article 81 of the code has the right to order the examine. Within 24 hours from when the examination is finished, the person who ordered the medical examination must be notified in writing to the Procuratorate at the same level.

Article 142. Visit the 1. When starting to visit people, to read the search warrant and the search warrant read litigants take for that; explaining to litigants and those present know their rights and obligations.

The person who conducted the examination must ask the litigants bring out the objects and documents relevant to the case, if the litigants refuses then proceed to examination.

2. When people visit the South visit South, women's clinics and women must have the same gender witness.

3. the consultation may proceed without orders in case of arrest or when there are grounds for affirming people present at the place where examined in person objects, documents seized.

Article 143. Visit the accommodation, work, location 1. The examination work, accommodation, places to be conducted as specified in articles 140, 141 and 142 of this Act.

2. When the examination venue, accommodation must be the owner or the person has in their family, represented the Government of the communes, wards and towns and neighbours witnessed; in the case of litigants and the family they deliberately absent, fled or gone on so long that the police could not postpone it must have represented the Government and the two neighbors witnessed.

3. do not visit the shelter at night, except for cases not be delayed, but must specify the reason on the minutes.

4. When the examination work of a person, then that person must be present, except in cases not be delayed, but must specify the reason on the minutes.

The work place must be clinics represented by the Agency, the organization where the person worked.

5. When conducting the examination, workplace accommodations, location, those present are not arbitrarily leave are being examined, no contact, Exchange with each other or with others until the examination is completed.

Article 144. Seized correspondence, telegrams, postal parcel at the post office when the necessity of capturing correspondence, telegrams, postal parcel at the post office, the authorities ordered the seizure. This command must be the same level Procuratorate approve before execution, except in cases not be delayed but must specify the reason on the minutes and after the seizure must immediately notify Procurator at the same level know.

The enforcement of the order must notify the person in charge of the relevant postal authority before conducting the seizure. The person in charge of the postal agency owners must help people enforce seizure orders to complete the task.

When capturing correspondence, telegrams, parcels, the parcel must have a postal agency representatives witnessed and signed the minutes.

The Agency ordered the seizure must inform the person of letters, telegrams, parcels, Mailer seized know. If the notification impedes the investigation then after barriers no longer exist, the Agency ordered the seizure must be notified immediately.

Article 145. Temporarily hold objects, when the document examined


When examined, the investigator was temporarily kept things as evidence and documents that are directly related to the case. For items of the type prohibited the possession, circulation must be seized and transferred immediately to the competent authority. In case it is necessary to seal, then proceed to the front of the server object or family representatives, Government representatives and witnesses.

Temporarily hold objects, documents when conducting examined must be founded thereon. The minutes of the custody was made: a the server objects, document; a take on the case file; a copy sent to the Procuratorate at the same level and a copy delivered to the authorities, the document object is temporarily on hold.

Article 146. Levy of property 1. The levy of property applies only to be accused of the crime for which the Criminal Code provisions may confiscate the assets or fine also as for the person who is responsible for damages under the provisions of the law.

The competent person specified in clause 1 Article 80 of this Act has the right to order the levy of property. Levy's command who are specified in Article 80, paragraph 1 d of the Penal Code must be reported immediately to the Procuratorate at the same level before implementation.

2. the levy Only the part corresponding to the level property can be confiscated, fines or damages.

The property being assigned to the levy of property owners or their maintenance. Who was that preservation of consumer behavior, assignment, swapping, hiding, destroy property was to levy criminal responsibility under article 310 of the criminal code.

3. When conducting the levy of property, must be present or the litigants who have teens in the family, representative of the social authorities, wards, towns and neighbouring people witnessed. The person who conducted levy to set the minutes, stating the name and status of each device property levy. The minutes must be set up according to the provisions of article 95 and article 125 of the code, read for litigants and those present listened and signed. The complaints of litigants are recorded in the minutes, signed confirmation of them and of the people conducting the levy.

Levy was established thereon three: a a right assigned to litigants after levy is complete; a copy sent to the Procuratorate at the same level and a take on the case file.

4. When considering that levy is no longer needed, then the competent person specified in clause 1 1 of this Act must be 80 Things timely decision to cancel orders to levy.

Article 147. Responsible for preserving the objects, documents, correspondence, telegrams, postal parcel confiscated, detention or sealing material, documents, correspondence, telegrams, postal parcel confiscated, detention or sealing as specified in articles 75, 144 and 145 of this code must be preserved intact.

Who was the preservation of that destruction of the seal, consumers, transfer, μtorrent, hiding or destroying asset preservation shall be subject to criminal liability under article 310 of the criminal code.

Article 148. Minutes of searching, capturing, hold objects, documents, correspondence, telegrams, parcels, Mailer when conducting searching, seizure, custody, document objects, letters, telegrams, parcels, the parcel must be founded thereon according to the provisions of article 95 and article 125 of this Act.

Article 149. The responsibility of the person who ordered and executed search warrant review, levy, seizure of property, custody of documents, correspondence, telegrams, parcels, postal orders, People who enforce examined, levy, seizure of property, custody of documents, correspondence, telegrams, parcels, Mailer left the law depending on the nature that infringement levels, being disciplined or arrested save for criminal liability.

Chapter XIII SCHOOL EXAMINATION, AUTOPSY, CONSIDER TRACES on the BODY, empirical investigation, the EXAMINER Article 150. Examination of scene 1. Investigators conducting autopsy where occur, where findings of crime in order to detect traces of crime, physical evidence and clarify the meaning for the case.

2. Examination of the scene can proceed before the criminal prosecution. In any case, before conducting the examination, the investigator must notify the Procuratorate at the same level know. Prosecutor must present to the Prosecutor the examination of the scene. When the examination, to have the witness; can let the accused, the victim, witnesses and invite experts to attend the examination.

3. When the examination of the scene, the investigators proceeded to photograph, draw a diagram, describe the scene, surveying, building models, collecting and considering the spot traces of crime, objects and documents relevant to the case; clearly the results into consideration examination of the scene.

In no case may soon be the objects and documents seized must be preserved, kept the status quo or the seal put on where the investigation.

Article 151. The autopsy The autopsy by the investigators conducted forensic doctor involved and to have witnesses.

In case of need to unearth the body must then be decided by the investigating authorities and to inform the families of the victims know before proceeding. The unearthed the body must have the forensic doctor involved.

When necessary can summon the examiner and to have witnesses.

In any case, the autopsy must be to inform the Procurator at the same level know. Prosecutor must present to the Prosecutor conducted the autopsy.

Article 152. Review the trace on the body 1. Investigators searching the body of people arrested, detained, accused the victim, who testified to detect on their trail of crime or other meaningful clues for the case. In case of need, the Agency investigating the forensics referendum.

2. The review body must do the same gender and must have the same gender witness. In case of need the doctors involved.

Not violate honour, dignity or the health of people suffering physical review.

Article 153. The empirical investigation 1. To check and verify the documents, the mean for the case, the investigating authorities have the right to investigate by experiment for the reconstructed scene, again a behavior, situations or any other details of a certain events and conducting experimental operations needed. When necessary, the measurements can be seen, photographed, recorded, draw a diagram.

2. When the conduct of empirical investigation, must have a witness. In case of need, the person detained, accused the victim, the witness may also participate.

Not violate the honor, dignity, affect the health of those involved in the experiments to investigate.

3. where necessary, the Prosecutor may conduct investigative experiments. The experimental investigation was conducted under the provisions of this Article.

Article 154. Report on the examination of the scene, autopsy, considering the physical traces on the experimental investigation and when conducting school examination, autopsy, considering the physical traces on the experimental investigation and prepares the minutes according to the provisions of article 95 and article 125 of this Act.

Article 155. Referendum-inspection 1. When there are problems that need to be determined as specified in paragraph 3 of this article or when it deems necessary, the body conducting the proceedings the examiner referendum decision.


2. Decide on the assessment must clearly state what the problem assessment requirements; name who was the examiner or referendum conducted inspection agency name; specify the rights and obligations of the examiner as defined in Article 60 of this law.

3. Compulsory referendum when the examiner needs to determine: a) the cause of the deadly nature of the injury, the extent of damage to the health or labor capacity;

b) mental condition of the accused, the accused in case of doubt about the capacity of their criminal liability;

c) mental status of the witness or the victim in case of doubt about the ability of awareness and proper report for details of the case;

d) the age of the accused, the accused, the victim, if that make sense for the case and no document confirmed their age or have doubt about the authenticity of the document;

DD) toxins, radioactive substances, narcotics, counterfeit money.

Article 156. The conduct of inspections 1. The assessment may be conducted at the examiners or at the place where the investigation immediately after the referendum decision examiner.

Investigator, the Prosecutor has the right to attend the examination, but must inform the examiner know.

2. In the case of the assessment could not be conducted according to the time limit that the Agency requested assessment referendum, the examiners or examiners must immediately notify in writing and stating the reason for the agency that has JAS expertise known.

Article 157. Content inspection conclusions 1. Content of the conclusion must specify: time, location, conduct inspections; name, cultural level, the level of expertise of the examiner; the participants when conducting inspections; These traces, objects, documents and all that has been assessed, the methods applied and answer the problems were set out specific base.

2. To elucidate or complement the content concluded the assessment, the examiner may requisition asked more about examiners details necessary and may decide additional assessment or assessment.

Article 158. The rights of the accused and persons involved in proceedings with respect to the conclusion 1. After conducting the assessment, if the accused, the participants in the proceedings, the requirements of other agencies have referendum examiner must inform them of the content of the evaluation conclusions.

Accused those involved in the other proceedings presented his ideas about the conclusion, require additional assessment or assessment. These things are recorded in the minutes.

2. In case the investigating authorities, the Prosecutor does not accept the request of the participants in the proceedings and others must clearly state the reason and let them know.

Article 159. Additional assessment or assessment back 1. The additional assessment was conducted in the case of content-inspection conclusions unclear, incomplete or when new issues arise regarding the details of the case had been concluded earlier.

2. The assessment was conducted when there is doubt about the results of the assessment or conflicting forensic conclusions about the same problem in need of assessment. The assessment must do other examiners conduct.

3. The assessment or additional assessment was conducted according to the common procedure provided for in articles 155, 156, 157 and 158 of this Act.

Chapter XIV TEMPORARILY SUSPENDED the INVESTIGATION and END the INVESTIGATION Article 160. Temporary suspension of the investigation 1. When accused of mental illness or other certified illness of the forensics Board may temporarily suspend the investigation before the expiration of the investigation. In case of unknown unknown suspect or accused are only temporarily suspended the investigation after the expiry investigation.

In the case that has JAS expertise but do not yet have the results of that assessment expiry investigation, the suspension of the investigation and the assessment continues to be conducted until results.

In case there are multiple accused where the reason for suspension of the investigation does not involve all of the accused, it may temporarily suspend the investigation with respect to each accused.

If do not know where are accused, the investigating authorities must decide wanted before the suspension of the investigation.

2. Investigating authorities decide to temporarily suspend the investigation must submit this decision to the Procuratorate at the same level, the accused, the victim.

Article 161. Wanted accused when the accused fled or did not know the suspect's whereabouts, the Agency must decide the wanted suspect.

Wanted decisions must specify the date, hour, month, year, location decisions wanted; name, position decision; name, age, place of residence of the accused; characteristics to identify the accused, photo stickers attached, if any; crime suspect was prosecuted.

The decision was announced wanted on the mass media for people to detect, catch, keep people wanted.

Article 162. The end of the investigation 1. At the end of the investigation, the investigating authority must make a conclusion of the investigation.

2. The investigation ended when the investigating authority investigation conclusion to recommend prosecution or the conclusion of the investigation and the decision to suspend the investigation.

3. Conclusion of the investigation must specify day, month, year, name, position and signature of the conclusions.

4. within two days from the date of conclusion of the investigation, the investigating agency must submit a proposed investigation concluded the prosecution or investigation conclusion accompanied decided to suspend the same investigation the case file to the Procuratorate at the same level; send a proposed investigation concluded the prosecution decided to suspend investigation or for the accused, who pleaded.

Article 163. The prosecution proposal 1. When there is sufficient evidence to determine whether the crime and the accused, the investigating authorities make a conclusive investigation of the prosecution proposal. A concluded investigation presents the happenings the offence, stating the evidence to prove the crime, those comments suggested resolving, there is reason and grounds to recommend prosecution.

2. Enclose a concluded investigation has a time limit on the investigation, preventive measures have been applied has to specify the time the custody, detention, physical evidence, the facts, measures to ensure the fine, restitution and forfeiture of assets, if any.

Article 164. Suspension of investigation 1. In case of suspension of the investigation, a conclusion of the investigation the investigation process, stating the reason and grounds to suspend the investigation.

2. Investigating authorities decide to suspend the investigation in the following cases: a) has one of the bases prescribed in clause 2 Article 105 and 107 of this law or in article 19, paragraph 2, and article 25 Article 69 of the criminal code;

b) expiry investigations which Were not proven to be accused has done the crime.

3. The decision to suspend the investigation stating the time, place, reason and the decision to base the suspension of the investigation, the annulment of preventive measures, return items, documents have custody, if any and other related issues.

If in a case many accused that the grounds for the suspension of the investigation does not involve all of the accused, it may suspend the investigation with respect to each accused.


4. within fifteen days from the date of the decision to suspend the investigation of the investigation, if the decision to suspend the investigation bases, the Procurator must return the case file to the investigating authorities to settle by the authority; If the decision to suspend the investigation without the base, the annulment of the decision to suspend the investigation and asked the Agency to investigate the recovery of the investigation; If sufficient grounds for prosecution, the annulment of the decision to suspend the investigation and prosecution decisions. The time limit for prosecution decisions are made according to the provisions of article 166 of the code.

Article 165. Restoration of the investigation 1. When there are reasons to cancel the decision suspended or decide to temporarily suspend the investigation, the investigating authorities investigating recovery decisions, if not all time prejudice criminal liability. Within two days from the date of the decision to recover the investigation, the investigating agency must submit this decision to the Procuratorate at the same level.

2. If the investigation is suspended as specified in point 5 and point 6 Article 107 of this Act that the accused did not agree and request investigations, the investigating authorities or the Procuratorate at the same level of recovery decisions.

Chapter XV DECIDED the PROSECUTION Article 166. The time limit for prosecution decisions 1. Within the time limit of twenty days for less serious offences and serious crime, thirty days for very serious crimes and particularly serious crimes, since receiving the case file and a conclusion of the investigation, the Procurator must one of the following decisions : a) prosecuting accused before the Court by indictment;

b) Charged to additional investigation records;

c) suspended or temporarily suspended the case.

In case of need, Minister Prosecutor may extend, but not more than ten days for less serious offences and serious crime; not more than fifteen days for very serious offences; not more than thirty days for special crime seriously.

Within three days from the date of one of the above mentioned decision, the Prosecutor must notify the accused person know excuses; delivered the indictment, decided to suspend the case or decide to temporarily suspend the case for the accused. The excuses are reading the indictment, write copy, copy the documents in the case file concerning the justification under the provisions of the law and proposed requirements.

2. Upon receipt of the case file, the Prosecutor has the right to decide to adopt, change or cancel deterrent measures; requires investigating authorities arrested accused. The time limit of detention not exceeding the time limit specified in paragraph 1 of this article.

3. In case of prosecution, then, within three days from the date of the decision to prosecute by the indictment, the Prosecutor must submit records and the indictment to the Court.

4. In the case of the case not under the control of his prosecution, Procurator now decided to move the case to the Procurator.

Article 167. The indictment 1. The content of the indictment must specify the date, hour, month, year, location of crime; tricks, purpose, criminal motives, consequences of crime and other important details; the evidence determine the innocence of the accused, the aggravating and mitigating criminal liability; identities of the accused and any other meaningful details against the case.

The conclusion section of the indictment specify charges and terms of the Criminal Code apply.

2. The indictment must specify day, month, year of establishment of the indictment; name, position and signature of the person out of the indictment.

Article 168. Charged records to additional investigation Procurator decides to pay record for investigating authorities to investigate supplements when studying the case file detected: 1. Lack of evidence important to the case that the Procurator may not be yourself;

2. There are grounds for prosecution accused of a crime, or have the other offenders;

3. There are serious violations of proceedings.

These issues need to be additional investigation must be stated in the decision to require additional investigation.

Article 169. Suspension or suspension from service of the judgment 1. Procuratorate decides to suspend the case when one of the bases prescribed in clause 2 Article 105 and 107 of this law or in article 19, paragraph 2, and article 25 Article 69 of the criminal code.

2. the Procurator decided to temporarily suspend the case in the following cases: a) when the accused mentally ill or other illness that has a certified forensics Council;

b) when the accused fled without knowing clearly the accused's whereabouts; in this case, to request that the Agency investigate the wanted suspect.

3. where the case has many of the accused that the grounds for suspension or temporary suspension of the case does not involve all of the accused, it may suspend or temporarily suspended the case against each accused.

4. In the case decided to suspend the case of Procurator under unfounded and contrary to the law, the Minister-level on the Prosecutor has the right to cancel that decision and request the Procurator under prosecution decisions.

The third part of the TRIAL of FIRST INSTANCE Chapter XVI COMPETENT COURTS GRANTED Article 170. Jurisdiction of the Court to grant 1. District-level people's courts and the military court of the first instance trial area in the criminal case of the less serious crime, serious crime and very serious crimes, except for the following crimes: a) The crime of violation of national security;

b) charges of undermining peace, against humanity and war crimes;

c) The crimes prescribed in articles 93, 95, 96, 172, 217, 218, 219, 216, 221, 222, 223, 224, 225, 226, 263, 293, 294, 295, 296, 322 and 323 of the criminal code.

2. provincial people's courts and the military court trial of the first instance military region level the criminal about crimes not under the jurisdiction of district-level people's courts and the military court of the area or the case under the jurisdiction of the Court under that I retrieved up to trial.

Article 171. Territorial jurisdiction 1. The Court has jurisdiction in the Criminal Court where the crime is done. In case the crime is done in many different places or does not determine where offences carry the Court of jurisdiction is the Court where the end of the investigation.

2. The accused guilty abroad if the trial in Vietnam by the provincial people's Court where the accused's last residence in the country. If not specified is the last place of residence in the country of the accused then the options case, Chief Justice of the Supreme People's Court delivered the decision for the city people's Court of Hanoi people's Court or Ho Chi Minh City.

Accused of a crime abroad, if the jurisdiction of the military court trial by military court granted the military districts and over judging by the decision of the Chief Justice of the Central Military Court.

Article 172. Jurisdiction the offence occurred on board the aircraft or vessel of the Socialist Republic Vietnam are operated out of Vietnam's territorial waters or airspace The offence occurred on board the aircraft or vessel of the Socialist Republic Vietnam are operated out of Vietnam in the territorial waters or airspace jurisdiction of court in Vietnam where are the airport or harbour the first return or where the ship, a ship that is registered.

Article 173. The trial of the accused committing crimes under the jurisdiction of the other court when accused of committing many crimes, including crimes in the jurisdiction of the superior court, the superior court trial of the whole case.

Article 174. Transfer case


When found the case not under the jurisdiction of the Court to transfer the case to the Court to have jurisdiction. The transfer of the case to the Court outside the province, the city in Central or outside military zones by the provincial people's Court, the military court decision military region level.

Just transferred the case to another court when the case has not yet been heard. In this case, the transfer of the case by the Chief Justice of the Court decision. If the case jurisdiction of military court or superior court, the case was brought to trial must still turn to the competent court. In this case, the transfer of the case by the Board of review decisions.

Within two days from the date of the decision to transfer the case, the Court must notify the Procuratorate at the same level, inform the defendant and the people involved in the case.

Article 175. Resolving disputes on jurisdiction 1. Resolving disputes on jurisdiction by the Chief Justice of the superior court decision directly.

2. The resolution of the dispute about the jurisdiction between the district level people's Court in the province, central cities are different, because the Chief Justice of the provincial people's Court where the end of the investigation decision.

3. The resolution of the dispute about the jurisdiction between the courts and the military court by the Chief Justice of the Supreme People's Court decision.

Chapter XVII, Article 176 TRIAL PREPARATION. The time limit for pretrial preparation 1. After receiving the case file, the judge assigned to preside at the trial had a duty to research records; resolve the complaint and request of the participants in the proceedings and conduct other things necessary for the opening of the trial.

2. Within a period of thirty days for less serious crimes, forty five days for serious crime, two months for very serious crimes, three months for the crime is particularly serious, since the receipt of the case, the judge assigned to preside at the trial to one of the following decisions : a) bringing the case to trial;

b) Charged to additional investigation records;

c) suspended or temporarily suspended the case.

For complex cases, Chief Justice of the Court may decide to extend the time limit for pretrial preparation, but not more than fifteen days for less serious offences and serious crime, not more than thirty days for very serious crimes and particularly serious crimes. The extension of the time limit for pretrial preparation must be reported immediately to the Procuratorate at the same level.

Within a period of fifteen days from the date of a decision bringing the case to trial, the courts must open the trial; in case there are legitimate reasons the Court could open the trial within thirty days.

For the case to be returned to additional investigation shall within fifteen days after the receipt of the records, the judge assigned to preside at the trial is a decision to bring the case to trial.

Article 177. Apply, change, or cancel the preventive measures after receiving the case file, the judge assigned to preside the trial have the right to decide to apply, change, or cancel the preventive measures, except for the application, change or cancel the detention measures by the Chief Justice or the Associate Chief Justice of the Court decision.

The duration of detention to prepare trial not be too time limit for pretrial preparation specified in article 176 of the code.

For the accused are currently in detention but to date trial open detention time limit has expired, if it deems in need of continued detention to complete the trial, court-ordered custody until the trial ends.

Article 178. The content of the decision to bring the case to trial decided to take the case to trial must specify: 1. the full name, date of birth, place of birth, occupation, place of residence of the accused;

2. Charges and terms of the criminal that Procuracy applies to the conduct of the accused;

3. The date, hour, month, year, location, open the trial;

4. The trial in public or closed treatment;

5. Name the judge, jurors, court clerk; they named the judge, jurors planned projections, if available;

6. Name Prosecutor joined the trial; They name the Prosecutor membership, if any;

7. Name the excuse, if any;

8. Name translator, if any;

9. Name the people who are summoned to the questioning at the trial;

10. Physical evidence should take place in the trial.

Article 179. The decision to pay the additional investigation to profile 1. Judge decides to pay for record Procurator to additional investigation in the following cases: a) When to consider more important evidence for the case which cannot supplement at the trial;

b) When there are grounds for the accused that a crime or have other accomplices;

c) When detecting serious infringement proceedings.

These issues need additional investigation must be stated in the decision to require additional investigation.

2. If the results of additional investigations that led to the suspension of the case, the Procuratorate decision suspended the case and inform the Court know.

In case the Procuracy doesn't supplement are the problems that the Court additional requirements and remains the decision of prosecution, the Court still conducting the trial of the case.

Article 180. The decision to temporarily suspend or discontinue the case to judge the decision to temporarily suspend the case when there are bases stipulated in article 160 of this Act; the decision to suspend the case when one of the bases prescribed in clause 2 Article 105 and points 3, 4, 5, 6 and 7 Article 107 of this Act or when the Procuratorate to withdraw the entire prosecution decisions before the opening of the trial.

In case there are more being accused that the grounds for suspension or suspension of the case does not involve all of the accused, the accused may temporarily suspend or discontinue the case against each accused.

The decision to suspend the case must specify content as defined in paragraph 3 Article 164 of this code.

Article 181. Procuracy withdrew the decision to prosecute If it deems there is one of the bases stipulated in article 107 of the code of this or that the grounds for exemption from criminal responsibility to be accused under the provisions of article 19, paragraph 2, and article 25 Article 69 of the criminal code, the Procuratorate to withdraw the decision of prosecution before the Court and suggested the Court suspended case.

Article 182. The delivery of the decision of the Court 1. The decision to bring the case to trial must be delivered to the accused, the legal representative and the excuses, the latest is ten days before the opening of the trial.

In the case of a trial in absentia, the accused decided to take the case to trial and the indictment was delivered to the person or the legal representative of the accused; the decision to bring the case to trial have to be listed on the ward, Township government headquarters, the place of residence or place of work the last of defendants.

2. The decision to temporarily suspend or suspend decisions of the courts must be delivered to the accused, the accused, the counsel, the victim, the legal representative of the accused; others taking part in the proceedings, the paper added.

3. Decides to bring the case to trial, the suspension decision, decided to temporarily suspend the case must be sent immediately to the Procuratorate at the same level.

4. Decides to adopt, change or cancel deterrent measures must be sent immediately to the accused, the accused, the Procuratorate at the same level, detention camp where the accused, the accused are currently in detention.

Article 183. Summon trial asked to trial based on the decision to take the case to trial, the judge convened the trial asked to trial.

Chapter XII GENERAL PROVISIONS on PROCEEDINGS in TRIAL Article 184. Trial directly, verbally and constantly


1. The Court must directly determine the details of the case by asking and listening to the comments of the accused, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case or their legal representatives, witnesses, the examiner, review evidence and hear the opinion of the Prosecutor , the excuses, the protection of the rights of the litigants. The verdict was only based on the evidence was reviewed at the trial.

2. The hearing must proceed continuously, except for time off.

Article 185. The composition of trial of first instance trial of first instance composed of a judge and two assessors. In the case of a serious nature, complexity, then the Board of review can include two judges and three jurors.

For the case in which the accused were put on trial on charges under the penalty of death is the highest level available, the trial of two judges and three jurors.

The judge presiding the trial at the trial and keep the discipline hearing.

Article 186. Substitute member of the Board of review in special cases 1. The members of the Board of review to the trial of the case from the beginning until the end.

2. In the course of the trial, if the judge, jurors do not continue to participate in the trial, the Court can still hearing the case if competent judges attended. The judge or jurors attended physically to be present at the trial from the beginning to be involved to trial. In the case of trial have two judges that the judge presiding the trial did not continue to participate in the trial, the judge is a member of trial do preside the trial and judge attended the flaw was added as a member of trial.

3. in the absence of the judge, the jurors attended the alternates to replace or to change the presiding judge without trial to replace as defined in paragraph 2 of this Article, the case must be heard again from the beginning.

Article 187. The presence of the accused at trial 1. The accused must be present at the trial as the Court's summons; If absence without good reason shall be applied according to the award procedure stipulated in article 130 of this law; If the accused is absent there is good reason to postpone the trial.

If the accused mentally ill ill or else the trial temporarily suspended the case until the accused away from the disease.

If the accused hiding the trial temporarily suspended lawsuits and require investigating authorities arrested the accused.

2. The Court can only be processed from the absence of the accused in the following cases: a) the accused hiding and wanted no results;

b) accused are ởnước out and cannot be summoned to the court session;

c) If the absence of the accused are not obstacles for the trial and they have delivered summons.

Article 188. The accused in the trial monitoring 1. The accused are currently in detention when out trial only to be in contact with people. Exposure to others must obtain permission of the presiding.

2. The accused not be detention must be present in court during the trial of the case.

Article 189. The presence of the Prosecutor 1. Prosecutor Procurator at the same level must attend the trial. For the case of a serious nature, the complex two Prosecutor can join the trial. In case of need can have the Prosecutor membership.

2. If the absence of the Prosecutor, be changed without Prosecutor membership to replace the trial postponed the trial and report immediately to the Procuratorate at the same level.

Article 190. The presence of the excuses The excuses are obliged to participate in the trial. The excuses can send ahead a excuse for the Court. If the excuses absence of court trial remains open.

In the event the excuses are required under the provisions in paragraph 2 of this Law 57 Things that the excuses are absent, then the trial is postponed the trial.

Article 191. The presence of the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case or their legal representative 1. If the victim, civil plaintiff, the civil defendant, whose rights, obligations related to the case or their legal representative is absent, then the options case, judicial Council decided to postpone the trial or proceed to trial.

2. If the absence of the victim, the civil plaintiff, the civil defendant only obstacle to settling the issue of compensation, the trial could split the compensation to a later trial under civil proceedings.

Article 192. The presence of the witnesses Who testified at the trial participants to clarify the details of the case. If the witness is absent but before that there was testimony ởCơ coroner presiding, then announced that the testimony. If the witness about the critical issues are absent then the options case, the trial decided to postpone the trial or proceed to trial.

In the case of witnesses was the court summons but deliberately not come without good reason and the absence of them interfere with the trial, the trial could decide the tournament lead. The lead witness award procedures are carried out according to the provisions of article 134 of this Act.

Article 193. The presence of the examiner 1. The examiner to join the trial when the Court convened.

2. If the examiner is absent, then the options case, judicial Council decided to postpone the trial or proceed to trial.

Article 194. The deadline postponed the trial in the case must adjourn the trial as stipulated in articles 45, 46, 47, 187, 189, 190, 191, 192 and 193 of the code, then the deadline postponed trial not be too thirty days from the date of the decision to postpone the trial.

Article 195. Prosecutor withdrew the prosecution decision or conclusion on misdemeanor than at the trial at the trial, after the questioning, the Prosecutor may withdraw part or all of the decision to prosecute or the conclusion of more misdemeanors, but the trial must still hearing the whole case.

Article 196. Limitations of the trial courts hearing the accused and these acts according to charges that the prosecuting procurator and the Court has decided to put on trial.

The Court can adjudicate the defendants according to the account other than the account that Procuracy has prosecuted in the same laws or other crimes by or about a lighter offence that Procuracy has prosecuted.

Article 197. Court rules 1. Before the start of the trial, the Court Clerk to common rules and Court.

2. Everyone ởtrong court room must have an attitude of respect for the Board of review, preserve order and follow the direction of the presiding.

3. Everyone ởtrong the courtroom have to stand up when the trial in the courtroom. Who was summoned to court for questioning was expected and who would want the presentation to be presiding. The presented comments to stand when asked, except for health reasons was presiding allow sit to the presentation.

4. People under the age of 16 are not in the courtroom, except to be summoned to court for questioning.

Article 198. The remedies for the violation of a court order, who violated the Court's order, the options case, may be presiding warned, fined, forced to leave the courtroom or arrested.

The protection of this Court had a duty to protect the trial order and enforce the orders of presiding on the forced to leave the courtroom or arrest the disturbing order at the trial.


Article 199. The judgment and the decision of the Court 1. Judgment of the Court decided the defendant guilty or not guilty, the punishment and the other judicial remedies. The judgment must be discussed and passed in the deliberation room.

2. The decision on the change of membership of the trial, the Prosecutor, the Court Secretary, examiner, translator, transfer case, require additional investigation, temporary suspension or suspension of the case and about the custody or freed the accused must be discussed and passed at the deliberation and must be made in writing.

3. Decisions on other issues was discussed and the Board of review through in the courtroom, not made in writing, but must be recorded in the minutes of the trial.

Article 200. The minutes of the trial 1. The minutes of this Court must specify the date, hour, month, year, location of trial and ởphiên the Court facts from the beginning until the pronouncement of the judgment. Along with the record, can record ââm, recorded on the trial.

2. The questions and the answers must be recorded in the minutes.

3. After the end of the trial, presiding must check the minutes and with the Court Clerk to sign the minutes.

4. the Prosecutor, the accused, the counsel, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case, the protection of the rights of the litigants or legal representative of the people that are watching the minutes of this Court, has the right to require record modifications , added to the minutes of the trial and signed.

Chapter XIX PROCEDURE STARTS the TRIAL Article 201. The procedure begins at the start of the trial, presiding read decided to bring the case to trial.

After hearing the court clerk reported the list of those summoned were present, presiding check identification of people and explain to them their rights and duties in the trial.

In the case of the accused was to receive the indictment as prescribed in clause 2 Article 49 and decided to take the case to trial within the time limit specified in paragraph 1 to article 182 of this Act and if the accused requested the trial is postponed the trial.

Article 202. Resolving proposed changes the judge, jurors, Prosecutor, court Secretary, examiner, translator Prosecutor and the participants in the proceedings have to be presiding trial asking whether they have proposed changing the judge, jurors, Prosecutor, court clerk, the examiner , interpreter or not. If requested, the trial review and decision.

Article 203. Explain the rights and obligations of an interpreter, If the examiner has an interpreter, join the trial examiner shall preside the trial introduction they name, occupation or position of the person and explain the rights and obligations of them. These people warrant round task.

Article 204. Explains the rights, obligations and quarantined witnesses 1. After checking with your name, age, occupation, place of residence of each of the witnesses, presiding explains clearly the rights and obligations of their proceedings. Witnesses have to guarantee no cheating. Private juvenile witness who is not liked.

2. Before witnesses was asked about the case, presiding may decide measures to let the witnesses not heard each other's testimonies or contact with the person concerned. In the case of the testimony of the accused and witnesses to have ảảnh enjoyed each other then the presiding may decide to quarantine the accused with witness before questioning witnesses.

Article 205. Solve the requirements for evidence review and postpone the trial when someone absent presiding must ask the Prosecutor and the participants in the proceedings who have asked to summon more witnesses or ordered more physical evidence and document review or not. If any participant in the proceedings is absent, then the presiding must also ask whether anyone asked to adjourn the trial or not. If requested, the trial review and decision.

Chapter XX PROCEDURE for QUESTIONING at the TRIAL Article 206. Read the indictment before conducting the interrogation, the Prosecutor read the indictment and presented additional comments, if any.

Article 207. The order of questioning 1. The Board of review must determine the full details about each incident and about each of the case in order for questioning.

2. When questioning each person presiding, ask first and then to the jurors, then to the Prosecutor, the excuses, the protection of the rights of the litigants. Participants in the trial also have the right to suggest with presiding asked more about the need to unravel. The examiner was asked about the problems related to the assessment.

3. When considering the question, the Board of review to review the relevant physical evidence in the case.

Article 208. Publish the testimony at investigative bodies 1. If people are questioning at the trial, the trial and the Prosecutor is not mentioned or announced their testimony at investigation before their testimony at the trial about the details of the case.

2. Only published the testimony in the investigating agency in the following cases: a) the testimony of people who are questioning at the trial conflicting with testimony at investigative agency;

b) Who are questioning not publicly at the trial;

c) Who was questioning absent or dead.

Article 209. Ask the accused 1. The Board of review must ask each of the accused. If the testimony of the accused can ảảnh affect the testimony of other defendants, the presiding to marginalize them. In this case, the accused were separated to be reported back to the content of the testimony of the accused before and have the right to put questions to the accused.

2. The accused presented comments on the indictment and details of the case. The Board of review to ask more about the point where the accused presented incomplete or contradictory.

3. the prosecutor asked about details of the case involving the accused, convicted the accused. The excuses are asking about details related to the excuses, the protection of the rights of litigants to ask about details related to the protection of the rights of the litigants. Participants in the trial have the right to suggest to preside the trial asked more about details regarding them.

4. If the accused does not answer the question, the trial, the Prosecutor, the defence, the protection of the rights of the litigants continue to ask the others and the physical evidence, review of documents related to the case.

Article 210. Ask the victim, civil plaintiff, the civil defendant, whose rights, obligations related to the case or their legal representative the victim, civil plaintiff, the civil defendant, whose rights, obligations related to the case or the legal representative of the person that presented the details of the case are relevant to them. Then, the trial, the Prosecutor, the person and the protection of the rights of litigants to ask more about the points that they presented are incomplete or contradictory.

Article 211. Ask witnesses 1. The Board of review must ask each witness and not let the other witnesses know the content of the interrogation.


2. When asked who testified, the trial must be asked about relations between them with the accused and other litigants in the case. Preside the trial require witnesses clearly presented the details of the case that they did know, then ask more about the points that they are incomplete or contradictory. Prosecutor, the excuses, the protection of the rights of the litigants can ask more witnesses.

3. If the witnesses are minors shall preside the trial may require parents, tutors or teachers, teachers help to ask.

4. After the presentation, who testified the courtroom to ởlại can be asked more.

5. where necessary to ensure the safety of witnesses and their relatives, the trial must decide to implement protective measures under the provisions of the law.

Article 212. Review the physical evidence 1. Physical evidence, ảảnh or the minutes confirmed physical evidence was put forward for consideration at the trial.

When necessary, the Board of review can together with the Prosecutor, the person and the other participants of the trial to look at the physical evidence cannot be brought to trial. The review must be established thereon according to the provisions of article 95 of the code.

2. the Prosecutor, the person and the other participants of the trial have the right to present its comments on the evidence. The Board of review can ask more about the issues relevant to the physical evidence.

Article 213. Consider the spot If it deems necessary, the Board of review can together with the Prosecutor, the person and the other participants of the trial to consider the place where the crime occurred or the other locations relevant to the case. Prosecutor, the excuses and others join the trial have the right to present its comments on where the crime occurred or the other locations relevant to the case.

The Board of review can ask more people to join the trial about matters relevant to the.

The review must be established thereon according to the General procedure prescribed in article 95 of this Act.

Article 214. The presentation, announced the materials of the case and comment, the Agency's report, organization reviews, the Agency's report, held about details of the case because the representative of the Agency, the organization that presents; in the absence of representatives of agencies, organizations that attended the trial published remarks, reported in the trial.

The material is already in the record of the case or put out when questioning are to be announced at the trial.

Prosecutor, the accused, the excuses and others join the trial have the right to comment on these documents and ask more relevant issues.

Article 215. Ask the examiner 1. The examiner presents his conclusions on assigned inspection problems.

2. At trial, the judge has the right to additional explanation on the basis of the conclusion.

3. If the examiner is absent, then the presiding announced the conclusion.

4. the Prosecutor, the person and the other participants of the trial have a right to comment on the conclusions, was asked what issues remain unclear or conflicting forensic conclusions.

5. When it deems necessary, the trial examiner decisions supplementing or examiner.

Article 216. End the questioning when the details of the case were fully considered, the presiding asked Prosecutor, the accused, the excuses and the other participants hearing they require questioning what else matters not. If the request and the request deems it is necessary then the presiding decided to continue the interrogation.

Chapter XXI ARGUE at the TRIAL Article 217. The sequence of statements as argument 1. After the end of the questioning at the trial, the Prosecutor presented the word impeachment, suggested convicted the accused according to the whole or part of the content of the indictment or conclusion of more misdemeanors; If you see no grounds for condemning the entire withdrawal of prosecution decisions and suggest the trial declared the accused not guilty.

Impeachment of Prosecutor must base on the material evidence were examined in the trial and the comments of the accused, the excuses, the protection of the rights of the litigants and participants in other proceedings at the trial.

2. The accused presented excuses, if the accused had the excuses the excuses for this defendant. The accused has the right to additional comments as excuses.

3. The victim, civil plaintiff, the civil defendant and people have rights, obligations related to the case or their legal representatives are expected to protect the rights and interests of its íích; If there are people who defend the rights of this person, then they have the right to present, additional comments.

Article 218. Responses of the accused, the excuses and those involved in other proceedings have the right to present comments on the impeachment of Prosecutor and make suggestions; Procurator must give his arguments for each of the comments.

Debate participants have the right to respond to the comments of others. Presiding the trial not be limited time to debate, enabling the participants to debate presented most of the comments, but has the right to cut the comments not relevant to the case.

Presiding has the right to suggest the Prosecutor have to respond to these comments are relevant to the case of the excuses and the participants in the proceedings that the comments that have not been the Prosecutor's argument.

Article 219. Back to the interrogation If through controversy that saw the need to consider additional evidence, the trial could decide to back the questioning. Interrogation is complete to continue debate.

Article 220. The accused say the same words after the debate participants not presenting anything more, presiding the statement ending the debate.

The defendants are the last word. Not be questioned when the accused say. The trial has the right to ask the accused not be presented the points are not related to the case, but not be limited time for the accused.

If in the words, the accused presented more new details have important implications for the case, the trial is decided to return to the interrogation.

Article 221. Considering the withdrawal of the decision to prosecute or conclusions about misdemeanors more than 1. When the Prosecutor withdrew the part of prosecution decisions or conclusions about misdemeanors over the trial continued hearing the case.

2. In case the Prosecutor withdrew the entire prosecution decision then before deliberation, the Board of review requires the participants in the proceedings at the trial presented comments on the prosecution.

Chapter XXII DELIBERATION and PRONOUNCEMENT of JUDGMENT Article 222. Deliberation 1. Only the judge and jurors have permissions. The members of the Board of review must address all the issues of the case by voting by a majority of each issue one. Judges voted on last. The minority opinions have the right to present their opinions in writing and be put into the case file.

2. In case the Prosecutor withdrew the entire prosecution decision then the trial still solve the problems of the case according to the order prescribed in paragraph 1 of this article. If there are bases identified the accused not guilty, the trial declared the accused not guilty; If the prosecution does not have to base the decision to temporarily suspend lawsuits and petitions with the superior Procuratorate directly.


3. When deliberation is only based on the evidence and documents have been verified in the trial, on the basis of a full, comprehensive review of the evidence, the opinion of the Prosecutor, the accused, the excuses and the participants in the proceedings at the trial.

4. When deliberation to have the minutes record the comments were discussed and decided by the Board of review. Minutes of deliberation must be all the members of the Board of review in sign of deliberation before sentencing.

Article 223. Back the questioning and debate Through the deliberation if found to have details of the case not yet questioning or interrogation not adequate then the trial decided to back the questioning and debate.

Article 224. The judgment 1. The Court judgment in the name of Socialist Republic of Vietnam.

2. In the judgment must indicate: the date, time, month, year and place of the trial; they are the names of the members of the Board of review and the Secretary of the Court; name of Prosecutor; name, date of birth, place of birth, place of residence, occupation, level of culture, social composition, money, the money of the accused; day accused the custody, detention; name, age, occupation, place of birth, place of residence of the legal representative of the accused; name of the excuses; name, age, occupation, place of residence of the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case, their legal representative.

3. In the judgment must present the guilty of the accused, analysis of the evidence determined guilty and the evidence determined not guilty, identified the accused guilty or not and if the accused guilty of the offence, according to the article, of the Penal Code, aggravating , extenuating penal responsibility and the need to handle. If the accused is not guilty, then the judgment must specify the bases identified the accused not guilty and must address restoring honor, rights and benefit of their legal íích. The last part of recording the judgment of court decisions and the right to appeal against the verdict.

Article 225. Recommendations to correct the weaknesses in the management of the 1. Along with the judgment, the Court off the Agency recommendations, relevant organizations adopt the necessary measures to remedy the causes and conditions arising in the Crime Agency, that organization. Within a period of thirty days from the date of the Court's recommendations, agency, that organization must notify in writing to the Court said these measures are applied.

2. Recommendations of the Court can be read at the trial along with the judgment or just send a private agency, organization departments.

Article 226. Sentencing When sentencing people in the courtroom to stand up. Presiding or another Member of the Board of review read the verdict and after reading can explain more about the Executive judgment and appeal rights.

If the accused does not know the Vietnamese after the pronouncement of the judgment, the translator must read again for the accused heard the whole of the judgment to which the accused said.

Article 227. Freedom of the accused In the following cases, the Board of review must repay statement right at the trial for the accused are currently in detention, if they don't get detention on a different crime: 1. The accused is not guilty;

2. The accused are exempt from criminal liability or be free of punishment;

3. The accused sanctioned by punishment is not a penalty;

4. The accused sentenced to prison, but probation is entitled;

5. Term of imprisonment equal to or shorter than the time the accused has been detention.

Article 228. Catch the detention of the accused after the pronouncement of the judgment 1. For the accused are currently in detention for which the penalty of jail but to date trial ends the term of detention expired, the trial decision of detention of the accused in order to ensure the enforcement of the judgment, except in the case specified in clause 4 and clause 5 Article 227 of the code.

2. In the case of the accused not to be punished but detention in prison, arrested for criminal detention when judgment has the effect of law. The trial could decide the immediate detention arrest the accused if the accused shows base could hide or continue an offence.

3. The time limit for the detention of the accused prescribed in clause 1 and clause 2 of this Thing is forty-five days from the date of pronouncement of the judgment.

4. for death penalty defendants, the trial judgment in deciding whether to continue the detention of the accused in order to ensure the enforcement of the judgment.

Article 229. The delivery of the judgment within ten days from the date of pronouncement of the judgment, the Court of first instance to grant judgment for defendants, the Procuratorate at the same level, the excuses; submit a project for the who, was absent, the police at the same level; notice in writing to the Government of the province, the agency or organization where the accused resides or works.

In case of absence of the treatment the accused prescribed in point a or point b item 2 Article 187 of the law, within the time limit stated on the judgment must be listed on the ward, Township government headquarters, the place of residence or place of work the last of defendants.

The victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case or their legal representatives have the right to request the Court judgment excerpts or a copy of the judgment.

The fourth Chapter XXIII APPELLATE NATURE of the APPEAL and the RIGHT to APPEAL, protest Article 230. The nature of appellate appeals judges is the superior court trial of the case directly or review of the decision of first instance that the judgment of the first instance decision for the case that the law was not to appeal or protest.

Article 231. Who has the right of appeal of the accused, the victim, their legal representatives have the right to appeal the judgment or the decision of the first instance.

The excuses have a right of appeal to protect the íích interests of juveniles or the downside of mental or physical.

The civil plaintiff, the civil defendant and their legal representatives have the right to appeal the portion of the judgment or the decision concerning the compensation of damage.

People have rights, obligations related to the case and their legal representatives have the right to appeal the portion of the judgment or decision related to rights, obligations of them.

The protection of the rights of minors or people who have the downside of mental or physical has the right to appeal the verdict, part of court decisions relevant to the rights, obligation of the people he protects.

The Court declared not guilty have the right to appeal that part of the reason the judgment of first instance has declared that they are not guilty.

Article 232. The appeal of the Procuratorate Procurator at the same level and the superior Procuratorate directly has the right to appeal the judgment or the decision of the first instance.

Article 233. Appeals and protest procedure 1. The appellant must submit to the Court was the trial in the first instance or the Court of appeal. In the case of the accused are currently in detention, a detention camp, the Board must ensure the accused made the right to appeal.

The appeal may also be presented directly to the Court of first instance handled on the appeal. The Court must set the minutes about the appeal that according to the provisions of article 95 of the code.

2. Procurator at the same level or superior Procuratorate directly protest in writing, have stated the reason. The appeal was sent to the Court of first instance handled.

Article 234. The time limit for the appeal, the appeal 1. The time limit for appeal is fifteen days from the date of pronouncement of the judgment. For the defendants, the absence in the trial, the appeal period calculated from the date the judgment was delivered to them or be listed.


The time limit for appeal of the Procuratorate at the same level is fifteen days, of the superior Procuratorate directly is thirty days from the date of pronouncement of the judgment.

2. If an appeal sent by post, the date the appeal is calculated based on the post office where the sender stamped in the envelope. In the case of an appeal sent by the Board of supervisors, the detention camp on appeal is calculated based on the Board of supervisors received detention.

Article 235. The appeal expired 1. The appeal may be accepted, if there is good reason.

2. The Court of appeal established the Board of review consisting of three judges to consider the reasons for appeal expired. The trial has the right to decide to accept or not accept the appeal expired.

Article 236. Notice of appeal, the appeal 1. The appeal, the appeal court of first instance must be notified in writing to the Procuratorate at the same level and those involved in the proceedings within a period of seven days from the receipt of the appeal, the appeal.

2. The person is notified of the appeals, the appeal has the right to send the text stated their opinion about the content of the appeal, the appeal to the Court of appeal. their comments are included in the case file.

Article 237. As a result of the appeal, the appeal 1. The portion of the judgment being appealed, the appeal has not been brought to enforce, except in cases specified in clause 2 Article 255 of this Act. When there is an appeal, an appeal for the whole of the judgment then the whole verdict has not yet been given.

2. the Court of first instance must send the case file and the appeal, the appeal to the Court of Appeal applied within seven days from the expiry date of the appeal, the appeal.

Article 238. Add, change, withdrawal of the appeal, the appeal 1. Before the start of the session or at the Court of appeal, the appellant or the Procurator has the right to supplement, change the appeal, the appeal but did not do worse than the condition of the accused; withdraw part or all of the appeal or protest.

2. In case of withdrawal the entire appeal, protest at the trial, the appeal must be suspended. The judgment of first instance legal effect from the date of the Court of appeal decision to suspend the appellate trial.

Article 239. Appeals, appeal the decision of the Court of first instance 1. The time limit for appeal against the decision of the Court of first instance of the Procuratorate at the same level as seven days, Procurator's direct superior is fifteen days from the date of the Court decision.

2. The decision to temporarily suspend or discontinue the case of courts of first instance can be appealed within seven days from the date the person has the right to appeal the decision was received.

Article 240. The effect of the judgment of the first instance court's decision not to appeal, the appeal judgments, decisions and the part of the judgment of the first instance court's decision not to appeal, the appeal shall have legal force from the date of expiry of the appeal or protest.

Chapter XXIV APPELLATE PROCEDURE Article 241. The scope of appeals the Court of Appeal reviewed the content of the appeal or protest. If it deems necessary, the Court of appeal may consider other parts not being appealed, the appeal of the judgment.

Article 242. The time limit for appeals court provincial people's Court, military-grade military districts to open appellate within sixty days; Court of appeal of the Supreme People's Court, the Central Military Court to open trial of appeal within a period of ninety days from the date of the case file.

At the latest fifteen days prior to the opening of the trial, the Court of appeal must be notified in writing to the Procuratorate at the same level and the participants in the proceedings about the timing, location appellate case.

Article 243. The Court of appeal apply, change, or cancel the preventive measures 1. After receiving the case file, the Court of appeal has the power of adopting, change or cancel deterrent measures. The application, alteration or annulment of preventive measures of detention by the Chief Justice, Deputy Chief Justice of province-level courts, military courts, the military region level judge held Court Chief Justice, Associate Chief Justice Court the Court of appeal of the Supreme People's Court decision.

The time limit of detention not exceeding the time limit for appeal specified in article 242 of the code.

2. With regard to the accused are currently in detention but to date trial open detention time limit has expired, if it deems in need of continued detention to complete the trial, the Court ordered the detention until the end of the trial.

3. With regard to the accused's being sanctioned detention jail that to the end of the trial term of detention expired, the trial decision of detention of the accused in order to ensure the enforcement of the judgment, except in the case specified in clause 4 and clause 5 Article 227 of the code.

With regard to the accused does not suffer detention, but sentenced to imprisonment, the trial could the decision to arrest detention of the accused immediately after pronouncement of the judgment, except in the cases specified in article 261 of this Act.

The duration of detention is forty-five days from the date of pronouncement of the judgment.

Article 244. The composition of trial appeal board consisting of three appellate judges and in case of need can have two more jurors.

Article 245. Participants in the trial of appeal 1. In the appellate court, the participation of Procurator at the same level is required, if the absence of the Prosecutor to postpone the trial.

2. The excuses, the protection of the rights of litigants, the appellants, who have rights, obligations relating to the appeal, the appeal was summoned to join the trial. If someone is absent but there is good reason, the trial can still proceed to trial but did not make the judgment or decision without the benefit of the accused or litigants are absent. In other cases they must postpone the trial.

The deadline postponed the trial as stipulated in paragraph 1, item 2 of this Article or in articles 45, 46 and 47 of this law do not be too thirty days from the date of the decision to postpone the trial.

3. The participation of others to trial by the Court of Appeal decided, if it deems their presence is necessary.

Article 246. Supplements, consider the evidence in the Court of appeal 1. Prior to trial or during questioning at the trial, the Prosecutor may themselves or at the request of additional court new evidence; who has the appeal and who have rights, obligations relating to the appeal, protest, the excuses, the protection of the rights of the litigants also has the right to supplement the documentation, objects.

2. the old evidence, new evidence, documents, additional new items are to be considered at trial. Judgment of the Court of appeal is based on both the old and new evidence.

Article 247. The procedure of appellate court of appeal also proceeded as trial but before questioning, a member of the Board of review must present a summary of the content of the case, the decision of the Court of first instance, the content of the appeal or protest. When debating, the Prosecutor stated the views of the Prosecutor on the case.

Article 248. A Court of appeal and the jurisdiction of the Court of appeal


1. The Court judgment on behalf of the Socialist Republic of Vietnam. In judgment must specify: day, hour, month, year and place of the trial; they are the names of the members of the Board of review and the court clerk; name of Prosecutor; name, date of birth, place of birth, place of residence, occupation, level of culture, social composition, money, the money of the accused; day accused the custody, detention; name, age, occupation, place of birth, place of residence of the legal representative of the accused; name of the excuses; name, age, occupation, place of residence of the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case, their legal representative.

In judgment must present a summary of the content of the case, the process of settling the case, the decision of the Court of first instance, the content of the appeal, the appeal and the grounds to take out one of the decisions specified in paragraph 2 of this Article. The final part of the judgment of the Court of record.

2. The Court of appeal has the power: a) to not accept the appeal, the appeal and the judgment at first instance;

b the first instance judgment) page;

c) Cancelled the verdict of first instance and the transfer case to the investigation or trial;

d) Cancelled the verdict of first instance and to suspend the case.

3. the appellate judgment in force the law from the date of pronouncement of the judgment.

Article 249. Edit the judgment of first instance 1. The Court of appeal has the right to correct the judgment of first instance as follows: a) the exemption from criminal liability or of exemption from punishment for the accused;

b) applied the terms of the criminal offence, lighter;

c) Reduced the penalty for the accused;

d) Reduced the level of compensation and the decision to handle physical evidence;

DD) transfer to another penalty in the lighter categories; keep the level of penalty and for the enjoyment of probation.

2. If there are grounds, the Court of appeal can reduce the penalty or apply the terms of the criminal offence, lighter, switch to a different kind of lighter penalty; keep the level of penalty and for the enjoyment of probation for both the defendants did not appeal or not appeal or protest.

3. In case the Procuracy protested or appeal the victim asked the Court of appeal can increase penalties, apply the terms of the criminal offence heavier; increase the level of compensation for damage, if there is an appeal by the Prosecutor or the appeal of the victim, civil plaintiff; If grounded, the Court can still reduce the punishment, apply the terms of the criminal offence, lighter, switch to another penalty in the lighter categories, keep the level of penalty and for the enjoyment, probation reduced compensation levels.

Article 250. To cancel the judgment of the first instance for investigation or trial again 1. The Court of appeal cancelled the verdict of first instance to review investigation when the investigation magistrate ởcấp not full that appeal can not be.

2. The Court of appeal cancelled the verdict of first instance for retrial ởcấp instance with the composition of trial in the following circumstances: a) the composition of trial of first instance unduly or have other serious violation of the proceedings;

b) Who was the Court of first instance declared not guilty but there are bases for that that person has sinned.

3. When the cancellation of the judgment at first instance for investigation or trial, the Court of appeal must specify the reason for canceling the judgment at first instance.

4. When canceling the verdict of first instance for retrial, the Court of appeal did not decide before the evidence which the Court of first instance need to be accepted or rejected, as well as the need not to decide in advance on the terms of the criminal code and penalties which the Court of first instance will have to apply.

5. In case of cancellation of the judgment at first instance for investigating or judging that the time limit for the detention of the accused is out and found the continued detention of the accused is necessary, the Appeals Council decision to continue detention of the accused until the Procurator or the Court of first instance accepting the case.

Within a period of fifteen days from the date of cancellation of the judgment at first instance, the case file shall be transferred to the Procurator or the Court of first instance to resolve according to the General procedure.

Article 251. To cancel the judgment of the first instance and to suspend the case When one of the bases stipulated in point 1 and point 2 Article 107 of the civil code, the Court of appeal cancelled the verdict of first instance, the accused is not guilty and suspended the case; If there is one of the bases stipulated in points 3, 4, 5, 6 and 7 Article 107 of this Act shall cancel the judgment of the first instance and to suspend the case.

Article 252. Investigation or pre-trial criminal case after the Court of appeal cancelled the verdict of first instance for investigation or trial, the investigative agency conducting the investigation, Procuracy prosecuted and courts of first instance trial of the case under the General procedure.

Article 253. Appeal the decision of the Court of first instance 1. With regard to the decision of the Court of first instance were to protest or appeal, the Court of appeal did not have to open the trial, but if a review is needed, it can summon the participants in the proceedings needed to listen to their opinions before the Court decision.

2. The Court of appeal must decide to resolve the appeal or protest within ten days from the receipt of the case file.

3. When considering the decision of the Court of first instance was appealed, the appeal, the Court of appeal has the powers specified in article 248 of the code.

4. the appellate decision has the force of law from the date of the decision.

Article 254. The delivery of the judgment and the decision to appeal within ten days from the date of pronouncement of the judgment or from the date of the decision, the Court of appeal must send the judgment or the decision to appeal to the appeal court, procuratorate, public security organs where made at first instance, the appellant was , people have rights, obligations relating to the appeal, protest or their legal representative, the enforcement agencies have jurisdiction in the case of the appellate judgment has declared the penalty money, confiscated property and civil decisions; notice in writing to the Government of the province, the agency or organization where the accused resides or works. In the case the Court of appeal of the Supreme People's Court, the appellate deadline can longer than but not more than twenty-five days.

The victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case or their legal representatives have the right to request the Court to grant judgment excerpts or a copy of the judgment.

Part five ENFORCEMENT of the JUDGMENT and the DECISION of the COURT the XXV Chapter GENERAL PROVISIONS on ENFORCEMENT of the JUDGMENT and the DECISION of the COURT Article 255. The judgments and decisions enforceable 1. The judgments and decisions enforceable are judgments and decisions have force of law, including: a) The judgments and decisions of the Court of first instance is not being appealed, the appeal by the order of appeal;

b) The judgments and decisions of the Court of appeal;

c) The decision of the Court of Cassation or retrial.

2. In the case of the accused are currently in detention to which a superior court of first instance decided to suspend the case, not guilty, free of criminal liability, exemption from punishment for the accused, punishment is not in prison or imprisonment, but suspended for the enjoyment or when the time limit of imprisonment equal to or shorter than the time limit for detention was then the judgment or decision of the Court to be executed immediately , though can still be appealed, the appeal.

Article 256. The procedure of giving judgment and enforcement of court decisions


1. within seven days from the date of the judgment, the decision of the first instance of legal effect or since the date of the judgement, the appellate decision, the decision of Cassation, decision on retrial, Chief Justice of the Court of first instance must take the decision to enforce the judgment or entrusted to other courts of the same level the decision to enforce the judgment.

2. The decision to enforce the judgment must specify the name of the decision; Agency name has the task of enforcing the judgment or decision; name, date of birth, place of residence of the person convicted; judgment or decide that the person was convicted.

In the case of the convicted are in Foreign Affairs then decided to enforce the prison sentence must specify within seven days from the date of the decision, that person must be present at the public safety agency to enforce the judgment.

3. The decision to enforce the judgment, decision or judgment excerpts must be sent to the Procuratorate at the same level where enforcement of the judgment, and sentence enforcement agencies convict.

4. In the case of persons sentenced to imprisonment are in Foreign Affairs that escaped, then Chief Justice Court decision execution require police agencies the same level of decision-making.

Article 257. The Agency, the organisation has the task of enforcing the judgment and the decision of the Court 1. The police enforce the penalty expulsion, jail term, life imprisonment and joined the Council enforced the death penalty according to the provisions of article 259 of the code.

2. The Government of the communes, wards, towns or agencies, where the Organization was sentenced to reside or work has the task of monitoring, education, improvement of monitoring people who enjoy probation or fined renovating not imprisoned.

3. The enforcement of the penalty of probation, all residents, deprived of some civil rights, prohibition of assignment, all practising or doing certain work by the Government of the province, the agency or organization, where enforcement of the judgment.

4. The base medical decisions on compulsory enforcement.

5. civil enforcement agencies enforce the penalty money, confiscated assets and civilian decisions in criminal cases. The Government of the communes, wards, towns or agencies, the organization assists executor in the enforcement of the judgment. If need to apply coercive measures to enforce the judgment then the police and other authorities have the task of coordination.

6. The enforcement of judgments and decisions of military courts by the organizations in the army, except the penalty expulsion.

7. The judgment enforcement agencies must notify the Chief Justice Court decision execution on the judgment or decision has been enforced; If not yet executed is the right reason.

Chapter XXVI ENFORCE DEATH PENALTY Article 258. Procedures for considering a penalty before making enforcement 1. After a death penalty law in effect, the case file must be submitted immediately up the Chief Justice of the Supreme People's Court and the judgment must be delivered right up Director Supreme People's Procuracy.

Within a period of two months from the date of receiving the verdict and the case file, the Chief Justice of the Supreme People's Court, the Minister the Supreme People's Prosecutor to decide an appeal or decide not to appeal Cassation or retrial.

Within seven days from the date of the judgment in force law, people sentenced to be sent an application for âân rising up the President.

2. A death sentence is executed, if the Chief Justice of the Supreme People's Court and Chief Procuratorate Institute people don't protest under procedure of Cassation or retrial.

In the case of a death sentence being the protest under procedure of Cassation or retrial which the Council of Cassation, the Council of the retrial the Supreme People's Court decided not to accept the appeal and keep the death sentence, the Supreme People's Court must notify the person convicted to apply them âân lowering the death penalty.

In the case of convicted persons please âân reduce the penalty, the death sentence is executed after the President of Uncle âân application to decrease.

Article 259. Enforcement of punishment 1. Chief Justice of the Court of first instance made the decision to enforce the judgment and the establishment of the Council on the implementation of capital punishment composed of representatives of court, procuratorate and public security. The Council of execution must check the identity of the person convicted before execution.

In the case of the convicted are women then before out decided to enforce the judgment, Chief Justice of the Court of first instance trial was to examine the conditions did not apply the death penalty was prescribed in article 35 of the criminal code. If the convicted person base condition stipulated in article 35 of the criminal code, the Chief Justice of the Court of first instance trial was not the decision execution and reporting of the Chief Justice of the Supreme People's Court to review death penalty moved into life imprisonment for people convicted.

Before the enforcement of the judgment against the sentenced women the Council of execution in addition to checking the identity, to examine the documents related to the condition of not enforcing the death penalty was prescribed in article 35 of the criminal code.

In case the Council discovered the execution of people convicted have the conditional stipulated in article 35 of the criminal code, the court enforced Board delayed execution and report the Chief Justice Court decision execution to report the Chief Justice of the Supreme People's Court review of death penalty converted into life imprisonment for people convicted.

2. Before execution to the condemned in reading the decision to enforce the judgment, decided not to appeal the Chief Justice of the Supreme People's Court and the decision not to appeal of the Minister the Supreme People's Procuracy; If the person sentenced has âân penalty reduction application, then delivered them to read a copy of the decision of the President of Uncle âân application for reduction.

3. The death penalty is executed by a shot.

4. The enforcement of the death penalty must be established thereon clearly has delivered the decision for people condemned to watch their words, and the letters, that they send back to relatives like.

5. in the case of special situations, the execution postponed enforcement and report the Chief Justice Court decision execution to report the Chief Justice of the Supreme People's Court.

Chapter XXVII CONTEST CRIMINAL and OTHER PENALTIES Article 260. Enforcement of the imprisonment sentence 1. In the case of convicted persons are under detention shall at the request of relatives like the person convicted, the police must allow people convicted of having loved ones like before execution.

Supervisory Board of prisons shall inform the convicted person's family to know where that person penalty.

2. in the case of the convicted are in Foreign Affairs, if the time limits that are not present in the police to accept the law, the convict will be applied.

3. The Chief Justice Court decision execution to monitor the enforcement of the judgment. The police must be notified in writing to the Court on the convicted person arrested to enforce the judgment or reasons not yet caught and measures should apply to ensure the enforcement of the judgment.

4. In the case of people who accept the criminal escaped from detention, then the police decision.

Article 261. Postponement of punishment prison 1. For people sentenced to prison are in Foreign Affairs, the Chief Justice Court decision execution can themselves or at the suggestion of the Procuratorate, public security organs at the same level or people convicted for postponement of punishment in prison in the case specified in paragraph 1 to article 61 of the criminal code.


2. At the latest seven days before expiry delay penalty of jail, Chief Justice of the Court for the delayed penalty to imprisonment and enforcement decisions are posted immediately decided to enforce the judgment of the same judgment, the decision has in effect imprisonment laws for public security organs at the same level and the person convicted before expiry of delay penalty prison.

If the time limit of seven days from the date of expiry of delay penalty of jail, convicted persons are not present at the public safety agency to take the penalty of jail without good reason, then the police would solve the sentenced criminal go to jail.

Article 262. Temporary suspension of criminal imprisonment 1. At the suggestion of the Procurator or of the Supervisory Board of the jail where the convicted men are criminal in prison: a) the Chief Justice of the Superior Court of the province where people are criminal prisoners can for that person to be a temporary suspension of the penalty to imprisonment in cases stipulated in art. 61 and 62 Articles of the criminal code;

b) Chief Justice Court decision execution can tell who is the prison penalty was temporarily suspended penalty to imprisonment in cases stipulated in points b, c and d of paragraph 1 to article 61 and article 62 of the criminal code.

Least seven days before the expiry of a temporary suspension of punishment prison, Chief Justice of the Court for a temporary suspension of the penalty of jail is a decision for the execution of punishment left and right must send the decision to the police the same level where the Court took the decision to temporarily suspend and convict.

If the time limit of seven days from the date of expiry of suspension penalty of jail, convicted persons are not present at the public safety agency to take the penalty of jail without good reason, then the police would solve the sentenced criminal go to jail.

2. The suspension penalty prison to trial under procedure of Cassation or retrial is due to who protest or because the Court of Cassation or the retrial decision.

Article 263. Managing people is delayed or is temporarily suspended penalty of jail 1. Who are delayed or are temporarily suspended criminal prison was handed to the Government of the province, the agency or organization where they reside or work. They are not arbitrarily go elsewhere, if not allowed by the Government, Ward, town or township authorities, governing them.

2. If in time be postponed or temporarily suspended penalty to which the person has been convicted of violations of the law seriously or have the bases for that person that escaped the Chief Justice of the Court for the delay or suspension penalty of jail canceled that decision and decision execution to catch the criminal they go to jail. The decision is sent to the police the same level where the Court took the decision. Shortly after receiving the decision execution, police agencies are organized, the award was sentenced criminal go to jail.

Article 264. Enforcement of penalty for the enjoyment, probation penalties improvement not detained people were enjoying the imprisonment suspended and fined renovate detention not to be delivered to the Government of the province, the agency or organization where they reside or work in order to monitor, education.

Article 265. Enforcement of penalties the penalty expulsion must leave the territory of the Socialist Republic of Vietnam in the time limit of fifteen days from the date of enforcement of the decision. In case the penalty expulsion must obey the other penalty or to perform other obligations then the time limit for them to leave the territory of the Socialist Republic of Vietnam by the law regulations.

Article 266. The probation penalty enforcement or prohibition of residence for the penalty of probation then after finishing the Executive criminal, who was sentenced to be delivered to the Government of the communes, wards and towns where they resided to enforce the probation penalty. The penalty prohibition of residence shall not be a temporary stay, permanent residence ởnhững local residence is prohibited.

Article 267. Enforcement of the penalty or forfeiture of the property decided to give judgment fines or confiscated property out must be sent to the Procuratorate at the same level, Executive Member, who was convicted and Government communes, wards, town where the person was sentenced to reside.

The seizure of property is conducted according to the provisions of article 40 of the criminal code.

Chapter XXVIII DURATION and REDUCED the PENALTY EXEMPTION Article 268. Conditions for remission or exemption from penalty 1. Who is criminal in prison, renovate detention, all non-resident or probation may be the Executive term reduction of punishment prescribed in articles 57, 58, 59 and 76 of the criminal code; If they have not, the penalty may be waived the entire Executive penalty prescribed in clause 1, 2, 3 and 5 to article 57 of the criminal code.

Who are being temporarily suspended imprisonment penalty can be waived the remaining penalty prescribed in paragraph 4 to article 57 of the criminal code.

The Executive who had been a part of the penalty amount can be free of the fine remaining part Executive as stipulated in paragraph 2 Article 58 and paragraph 3 Article 76 of the criminal code.

2. The penalty of prison entitled probation can be shorten probation under the provisions of article 60 of the criminal code.

Article 269. The procedure of remission or exemption from penalty 1. The Court has jurisdiction to decide the Executive term reduction of penalty is the provincial people's Court, the military court granted the military zones where the convicted criminal.

The Court has jurisdiction to decide the Executive exemption of penalty is the provincial people's Court, the military court granted the district where the person was sentenced to reside or work.

The reduction of the time limit or other punishment Executive exempt or reduce the time to challenge the jurisdiction of the people's Court decision, the military court of the area where the sentenced penalty or subject to challenge.

2. proposal review records free of criminal detention, not improving the Executive exemption in whole or part penalty left the Executive exemption, the part remaining must have fines proposed by the Minister the Prosecutor at the same level.

Records suggest review the Executive term reduction penalty must have suggested the Agency's enforcement of the penalty.

Records suggest review the Executive term reduced the penalty to renovate detention not to be suggested by the Agency, organization or local Government was tasked with direct supervision, education.

Records suggest considering reducing or exempting the other penalty or shorten the duration of probation challenge must have recommendation or the Agency's review, the Organization has a duty to enforce the judgment specified in article 257 of the civil code.

3. When the Court reviews the remission or exemption from penalty, a member of the Court presented the issue should be considered, the Procuracy representative statements of opinion, the Court decides to accept the recommendation or reduce a time limit, free of penalty or shorten the time challenge.

Chapter XXIX DELETE PROJECT AREA of 270 Articles. Of course delete the project area at the request of people who are naturally clear project area of the provisions of article 64 of the criminal code, the Chief Justice of the Court of first instance trial of the case the certification that they were deleting projects.

Article 271. Delete the project area due to the Court decision


1. in the cases specified in article 65 and article 66 of the criminal code, deleting the project area due to the Court decision. The person sentenced must have sent the Court of first instance handled the case under the administration of communes, wards, towns or agencies, the organization where they reside or work.

2. the Chief Justice of the Court of first instance handled documents about the acquittal of Procurator at the same level to statements of opinion writing. If found eligible, the Chief Justice decides to delete projects; in cases not yet eligible, the doctor decided to remove project area.

The sixth section REVIEW of the JUDGMENT and the DECISION HAS FORCE of LAW Chapter XXX PROCEDURE for CASSATION Article 272. The nature of Cassation is cassation review of judgments or decisions have force of law but were protesting because the findings have serious law violations in the handling of the case.

Article 273. Grounds for protest under procedure of Cassation judgment or decision of a Court of law has been the protest under procedure of Cassation, when one of the following bases: 1. The investigation for questioning at the trial an slab or incomplete;

2. The conclusions in the judgment or decide not to match the details of the case;

3. There is a serious violation of the proceedings during the investigation, prosecution or adjudication;

4. There are serious mistakes in the application of the criminal code.

Article 274. Detect the judgment or decision was legally reviewed under the procedure of Cassation convicted Persons, agencies, organizations and all citizens have the right to detect the violation of law in the judgment and the decision of the Court was in effect the law and notify the person who has the right to appeal provided for in Article 275 of the code.

In the case of the violation of law in the judgment or decision of the Court was in effect the law, procuratorate, courts must inform the person who has the right to appeal provided for in Article 275 of the code.

Article 275. The people have the right to protest under procedure of Cassation 1. The Chief Justice of the Supreme People's Court and Chief Procurator of the Supreme People have the right to protest under procedure of Cassation judgment or decision has force of law the Court, except for the decision of the Council of judges of the Supreme People's Court.

2. The Chief Justice the Central Military Court and Minister Central Military Prosecutor have the right to protest under procedure of Cassation judgment or decision has the legal effect of the lower levels.

3. the Chief Justice of the provincial people's Court and people's Procuratorate Director provincial Chief Justice of military courts and the military region level Minister military prosecutor army level have the right to protest under procedure of Cassation judgment or decision has the legal effect of the lower court.

Article 276. Temporary suspension of enforcement of the judgment or the decision being the protest under procedure of Cassation who had protested the verdict or decision was in effect the law have the right to decide to temporarily suspend the enforcement of the judgment or decision.

The decision to temporarily suspend the enforcement of the judgment is submitted to the Court, the Procurator has the first instance trial and verdict enforcement agencies have jurisdiction.

Article 277. The protest under procedure of Cassation 1. The protest under procedure of Cassation must clearly state the reason and be sent to: a) Court judgment or the decision being appealed;

b) trial courts of Cassation;

c) Who was sentenced and those with rights and benefits íích related to the protest.

2. If no grounds for protest under procedure of Cassation, shall before the expiry of the appeal provisions of article 278 of this Act, the person has the right to appeal must answer for the person or agency, the Organization has detected unknown reason of not protesting.

3. Before the start of the trial of Cassation, who has the additional right to appeal if the appeal has not yet expired time limit for appeal specified in article 278 of this code or to withdraw the protest.

Article 278. The time limit for appeal under the procedure of Cassation 1. The protest in the direction not to benefit the sentenced only to be conducted within a period of one year from the date of the judgment or the decision to have the rule of law.

2. The appeal in the direction to benefit the convicted can be conducted at any time, including the cases of people convicted to death that needs to whitewash them.

3. The appeal in criminal cases for civil plaintiffs, civil defendants, people have rights, obligations related to the case were conducted according to the rules of civil procedure legislation.

Article 279. Cassation jurisdiction 1. the Commission judges the people's Provincial Court of Cassation the judgment or decision was in effect the law of the people's courts at district level. the Committee of judges of military courts of Cassation military region level the judgment or the decision has force of law for the area.

2. the Criminal Court of the Supreme People's Court of Cassation the judgment or decision was in effect the law of the people's provincial court. The Central Military Court of Cassation the judgment or decision has the legal effect of the military region level.

3. The Council of judges of the Supreme People's Court of Cassation the decision or judgment has the effect of law military courts, criminal court, the Court of appeal of the Supreme People's Court were protesting.

4. The judgment or decision was in effect the same legislation in the criminal jurisdiction of Cassation of the various levels specified in paragraphs 1, 2 and 3 of this Article, the superior authority of Cassation the entire case.

Article 280. Participants in the trial of Cassation Court of Cassation must have the participation of the Procurator at the same level.

When it deems necessary, the Court must summon the person convicted, the excuses and can summon these people have rights, obligations related to the protest involved a Court of Cassation.

Article 281. Cassation Board components 1. The Council of the Criminal Court of Cassation of the Supreme People's Court or the central military court consisting of three judges. If the Commission judges the provincial people's Court, the Committee of judges of military courts or military region level the Council of judges of the Supreme People's Court of Cassation must have íít for two thirds of the total membership of the Committee of judges or justices to join the Board of review.

The decision of Cassation Committee of judges or the Judicial Council must be half the total number of members of the Committee of judges or the Judicial Council approval.

2. In the trial of Cassation Court judge the Commission's provincial people's Committee, military court judge granted the military districts, the Council of judges of the Supreme People's Court when voting on the content of the appeal must be decided according to the order of the comments agree with protest , these comments do not agree with the protest. If there is no type of comments would be too half the total membership of the Committee of judges, the Judicial Council approval voting, it must postpone the trial. Within a period of thirty days from the date of the decision to postpone the trial, the judges Commission, the Judicial Council must open the case back to trial with the participation of all the members.

Article 282. Trial preparation and trial procedure of Cassation


1. The Chief Justice the court assigned a judge made a presentation about the case at the trial. A brief presentation of the content of the case and the verdict, the decision of the Court level, the content of the appeal. Presentations must be sent in advance to the members of the Council at the latest seven days before the Court of Cassation.

2. At the trial, a member of the Board of Directors of appeals presented a lecture on the case. The members of the Board of Directors of appeal statements of opinion and statements of Procuracy representative of the views of the Prosecutor on the case.

If the summoned person is convicted, the excuses, people have rights, obligations related to the protest, then these people are presenting comments before the Procuracy representative stated. In case of absence, the Board of Directors judges can still proceed to trial.

Article 283. The deadline of Cassation Court of Cassation must be conducted within the time limit of four months from the date of receiving the appeal.

Article 284. The scope of Cassation Board of Cassation must consider the whole case that not only limited in the content of the appeal.

Article 285. The authority of the Council of the Cassation Board of Cassation have the right decision: 1. Do not accept the appeal and uphold the verdict or decision has legal effect;

2. Cancel the judgment or decision has the effect of law and suspended the case;

3. Cancel the judgment or the decision has force of law to the investigation or trial.

Article 286. To cancel the judgment or decision has the effect of law and suspended the case the Council of Cassation canceled the judgment or decision has the effect of law and suspension of the case, if there is one of the bases stipulated in article 107 of the code.

Article 287. To cancel the judgment or the decision has force of law to investigate or review board trial of Cassation canceled the judgment or decision has legal effect was to protest the investigation or trial, if there is one of the bases stipulated in article 273 of the civil code. If in need of review, depending the case, the Board of Directors may decide appeals hearing again from the first instance or appeal.

In case of cancellation of the judgment or the decision being appealed to the investigation or to trial again and found the continued detention of the accused is required, then the Council of Cassation ordered the detention until the Procurator or the Court accepting the case.

Article 288. The effect of the decision of Cassation and the delivery of the decision of Cassation 1. The decision of the Board of Directors of appeals law takes effect from the date of the decision.

2. within ten days from the date of the decision, the Board of Directors judges must send the decision of Cassation for the person convicted, the Appeals Court, procuratorate, public security organs where made at first instance, people have rights, obligations related to the appeal or their legal representative , Civil enforcement agency has jurisdiction; notice in writing to the Government of the province, the agency or organization where the person was sentenced to reside or work.

Article 289. The investigation, pre-trial case after Cassation Council cancel the judgment or the decision if the Cassation decided to cancel the judgment or the decision has force of law to investigate, within fifteen days from the date of the decision, the case file shall be transferred to the Procuratorate at the same level to investigate under the General procedure.

If the Board decided to cancel the Cassation judgment or decision has force of law to the trial of the case at the first instance or in appeal shall within fifteen days from the date of the decision, the case file shall be transferred to the competent court for retrial under the General procedure.

Chapter XXXI of RETRIAL PROCEDURE Article 290. The nature of retrial procedure of a retrial be applicable to judgments or decisions have force of law but were protesting because the newly discovered can make fundamental changes the content of the judgment or the decision that the Court does not know when the judgment or decision.

Article 291. The grounds for protest under procedure of a retrial details is used as a base to protest a retrial is: 1. The testimony of witnesses, concluded the assessment, your words have translated important points are detected is not true;

2. the investigator, the Procurator, the judge, the jurors had concluded did not properly make the case were wrong;

3. Physical evidence, investigate, report on the activities of other proceedings or the other documents in the case were fake or not true;

4. other details make the resolution of the case is not true.

Article 292. Inform and verify the newly discovered 1. The person convicted, agencies, organizations and all citizens have the right to detect the new details of the case and report it to the Procurator or the Court. Minister the Prosecutor has the right to protest under retrial decision to verify details.

2. If one of the provisions of article 291 of the code of this Minister the Prosecutor appeals decision retrial and transfer the case file to the competent court. If the base is not Minister the Prosecutor responded to the Agency, organization or person has detected unknown reason of not protesting.

Article 293. The people have the right to protest under retrial procedure 1. Minister Supreme People's Prosecutor have the right to protest under procedure of a retrial for the judgment or decision was in effect the law of the Court, except for the decision of the Council of judges of the Supreme People's Court.

2. the Director of the Central Military Procurator has the right to protest under procedure of a retrial for the judgment or decision has the legal effect of the lower levels.

3. Director provincial people's Procuratorate have the right to protest under procedure of a retrial for the judgment or decision was in effect the law of the people's courts at district level. Director-level military Procuracy of military region have the right to protest under procedure of a retrial for the judgment or decision was in effect a military court law of the area.

4. A protest of those specified in this Article shall be sent to the convicted person and people have rights, obligations related to the protest.

Article 294. Temporary suspension of enforcement of the judgment or the decision has been to protest under retrial procedure who protest under retrial procedure have the right to temporarily suspend the enforcement of the judgment or the decision being appealed.

Article 295. The deadline to protest under retrial procedure 1. A retrial in the direction not to benefit the convicted must proceed in time prejudice criminal liability specified in article 23 of the criminal code and the time limit for appeal was not more than a year, since the Procurator received notification about newly discovered.

2. Retrial favorable to the person sentenced is not limited in time and is conducted in both cases the person convicted was dead that need to whitewash them.

3. The appeal in criminal cases for civil plaintiffs, civil defendants, people have rights, obligations related to the case were conducted according to the rules of civil procedure legislation.

Article 296. The jurisdiction of retrial


1. the Committee of the people's Court judge granted the retrial the judgment or decision was in effect the law of the people's courts at district level. the Committee of judges of military courts of military region level retrial verdict or decision has the legal effect of the area.

2. the Criminal Court of the Supreme People's Court for retrial the judgment or decision was in effect the law of the people's provincial court. The Central Military Court retrial verdict or decision has the legal effect of the military region level.

3. The Council of judges of the Supreme People's Court retrial verdict or decision has the legal effect of the Central Military Court, the Court of criminal, the Court of appeal of the Supreme People's Court.

Article 297. The conduct of The retrial stipulated in articles 280, 281, 282 and 283 of this code also apply to the retrial.

Article 298. The Board's jurisdiction of retrial retrial Council has the right to: 1. the decision not to accept the appeal and uphold the verdict or decision has legal effect;

2. Cancel the judgment or the decision being appealed to the investigation or trial;

3. Cancel the judgment or the decision being appealed and the suspension of the case.

Article 299. The effect of the decision on a retrial and the delivery of a retrial decision 1. The decision of the Council of the retrial law with effect from the date of the decision.

2. within ten days from the date of the decision, the Council decided to send a retrial of a retrial for the person convicted, the Appeals Court, procuratorate, public security organs where made at first instance, people have rights, obligations related to the appeal or their legal representative , Civil enforcement agency has jurisdiction; notice in writing to the Government of the province, the agency or organization where the person was sentenced to reside or work.

Article 300. The investigation or hearing of case 1. If the retrial decision to cancel the judgment or the decision has force of law to investigate, within fifteen days from the date of the decision, the case file shall be transferred to the procuratorate has the authority to investigate under the General procedure.

2. If the Board of a retrial decision to cancel the judgment or the decision has force of law to the trial of first instance, the case in time limit of fifteen days from the date of the decision, the case file shall be transferred to the competent court for retrial under the General procedure.

The seventh part SPECIAL FORMALITIES Chapter XXXII the PROCEEDINGS AGAINST JUVENILES Article 301. Scope of proceedings against persons who are arrested, detained, being accused as juveniles to be applied under the provisions of this chapter, at the same time according to the provisions of this law are not contrary to the provisions of this chapter.

Article 302. Investigation, prosecution and trial of the 1. Investigator, Prosecutor, judge conducts proceedings for juvenile offenders must have the necessary understanding of psychology, educational science as well as on the activities of the struggle, fight crime by juveniles.

2. When conducting the investigation, prosecution and trial of the need to clearly define: a) the Age, developmental level physically and mentally, the level of awareness of the offences of juveniles;

b) living conditions and education;

c) Have or have no underage people instigated;

d) causes and conditions.

Article 303. Arrest, detention, custody 1. People from 14 years to under 16 years can arrest, detention, custody if there is sufficient to base the provisions in articles 80, 81, 82, 86, 88 and 120 of the Penal Code, but only in the case of very serious offences due to intentional or particularly serious offences.

2. From the age of 16 to under 18 years old can be arrested, custody, detention if there is sufficient to base the provisions in articles 80, 81, 82, 86, 88 and 120 of the Penal Code, but only in the case of serious offences due to deliberate, very serious offences or particularly serious offences.

3. The Agency ordered the arrest, detention, detention of minors must inform the families, their legal representative immediately after the arrest, custody, detention.

Article 304. Supervision for juveniles guilty of 1. The investigating agencies, the Procurator, a court may decide a minor traffic offence for parents or tutors of their supervision to ensure the presence of juvenile offenders when the summons of the agency conducting the proceedings.

2. Who was given the task of monitoring obligations closely monitoring minors, track status, ethics and education.

Article 305. Justification 1. The legal representative of the person detained, being accused as juveniles can choose yourself or make excuses for people detained, were accused.

2. in the case of accused are minors or their legal representatives who do not choose to be the excuse the investigating authorities, the Prosecutor, the Court must ask the Union lawyer assigned to election law office who make excuses for them or suggest the Committee of Vietnam Fatherland Front members of the Organization, the front people excuses for members of his organization.

Article 306. Participation in the proceedings of the family, the school, the Organization 1. Representatives of the families of people detained, is accused; the teacher, the teacher, the school's representative, Delegation of Ho Chi Minh Communist youth organizations where people detained, were accused of learning, labor and live has the right and obligation to participate in the proceedings at the discretion of the investigating agencies, Procuracy, the courts.

2. In the case of the person detained, accused is enough people from 14 years to under 16 of age or are a minor downside of mental or physical or other necessary in these cases, the testimony, questioning these people must be representative of the family , except in cases of intentional family representatives absent without good reason. Family representative can ask the person detained, accused if the investigator agrees; given the material, objects, request, complaint; read the case file at the end of the investigation.

3. At trial the accused are juveniles must be representative of the family of the accused, except in the case of intentional family representatives absent without justifiable reasons, the representatives of the school, the organization.

Representatives of the families of the accused, representative of the school, the organization participated in the trial have the right to put out material, objects, required and recommended changes to the conduct of the proceedings; join the debate; complaints the acts in the proceedings of the authority conducting the proceedings and decisions of the courts.

Article 307. To trial 1. The composition of trial must have a jurors as teachers or as officers of the Communist Youth League.

In case of necessity, the Court may decide to trial.

2. When the trial, if it is not necessary to decide the punishment for the accused, the Court applied the one judicial remedies provided for in Article 70 of the criminal code.

Article 308. Penalty of jail 1. Juvenile criminal offenders in prison under the regime of private detention prescribed by law.

Not detained juveniles with the overall teens.

2. Juveniles sentenced to be vocational or study the culture of the time penalty.


3. If minors are criminal prison was enough to turn eighteen the person to the detention regime who have teenagers.

4. for juveniles has done Criminal Executive, Supervisory Board of prisons must coordinate with the authorities and civil society organizations ởxã, Ward, to help people return to normal life in the society.

Article 309. Terminate judicial measures Executive, reduce or exempt from penalty juveniles convicted can be terminate judicial measures Executive, reduce or exempt from penalty when eligible prescribed in article 70 or Article 76 of the criminal code.

Article 310. Delete the project area of The clear verdict for juveniles guilty when that qualify the provisions of article 77 of the criminal code are conducted according to the General procedure.

Chapter XXXIII PROCEDURES APPLY MANDATORY MEASURES HEALING Article 311. Conditions and jurisdiction apply mandatory measures healing 1. When there is evidence that the people who performed the dangerous behavior to society do not have the capacity for criminal responsibility according to the provisions of article 13 of the criminal code, then depending on the stage of the proceedings, the investigating agency, Procurator, court forensics referendum right.

2. Based on the conclusions of the Council of forensics, the Procurator decided to adopt mandatory measures to cure in the period investigated, prosecuted; The Court decided to adopt mandatory measures in the healing phase of the trial and execution.

Article 312. The investigation 1. For the case base is prescribed in clause 1 Article 311 of the civil code, the investigating agency must unravel: a) dangerous for social behavior has occurred;

b) mental status and mental health of people who have dangerous behavior to society;

c) Who have dangerous behavior to society has lost the ability to perceive or control his behavior or not.

2. When the proceedings are conducted, the investigating agency must ensure to have the excuse to join the proceedings from when determining who is dangerous behavior to society of mental disease. The legal representative of that person may join in the proceedings in case of need.

Article 313. The decision to institute prosecution after the end of the investigation after receiving the case file and a conclusion of the investigation, the Procurator may place one of the following decisions: 1. To temporarily suspend or discontinue service;

2. Suspend the case and decided to adopt the measures required;

3. Prosecution of accused before the Court.

Article 314. To trial 1. The Court may place one of the following decisions: a) the exemption from criminal liability or of exemption from punishment and apply the measures required;

b) suspended the case and apply the measures required;

c) temporarily suspended the case and apply the measures required;

d) Pay records to investigate or additional investigation.

2. Also decides to adopt the required measures, the Court may settle the issue of compensation for damage or other problems related to the case.

Article 315. Measures required for healing the penalty in case of grounds for that are criminal in prison mental disease or a disease lose the ability or the ability to control his behavior, then according to the recommendations of the imprisonment sentence enforcement agencies , The Chief Justice of the provincial people's Court or Chief Justice of military courts at the level of military region where the convicted criminal to forensics referendum.

Based on the conclusions of the Council of forensics, Chief Justice of the provincial people's Court or Chief Justice of military courts at the level of military region where the convicted criminal can decide to take them to a specialist medical facility to required healing. Once cured, that person must continue penalty, if there is no reason to exempt from penalty.

Article 316. The complaint, appeal, appeal 1. When the decision of the Procurator on the application of compulsory measures complained of healing, the case must be brought to trial at first instance court ởTòa the same level.

2. The protest or appeal against the decision of the Court on the application of compulsory measures of healing is underway as to the judgment at first instance.

3. Decides to apply the mandatory measures of the Court still enforceable despite the complaint, appeal, appeal.

Article 317. Made, to suspend implementation of the mandatory measures healing 1. The measure required the healing is performed ởmột medical facility by the Procurator or the Court.

2. When there are reports of healing facility, petition of relatives like the healing required or requested by the Prosecutor, the Institute on the basis of the conclusions of the Board of medical examiners, the Procurator or the Court had decided to adopt mandatory measures can cure a decision to suspend implementation of the mandatory measures of cure at the same time may decide to recover the proceedings were temporarily suspended.

Chapter XXXIV the SHORTENED PROCEDURE Article 318. The scope of application of the shortened procedure shortened procedures for the investigation, prosecution and adjudication of first instance be applied according to the provisions of this chapter, at the same time according to the provisions of this law are not contrary to the provisions of this chapter.

Article 319. Conditions apply simplified procedures simplified procedure is applied only when the following conditions: 1. The offence was caught;

2. The simple offenses, the evidence is clear;

3. Crime has done is íít serious crime;

4. The offender has a clear background, identification.

Article 320. The decision to adopt the shortened procedure 1. After the prosecution of the case, as suggested by the investigation agencies or deems the case has enough of the conditions specified in article 319 of the Penal Code, the Prosecutor could Institute a decision applying the shortened procedure.

2. Decides to adopt the shortened procedure must be sent to the investigating authorities and the accused or their legal representative within 24 hours from when the decision to adopt the shortened procedure.

3. Decides to apply the simplified procedure may be a complaint. Accused or their legal representatives have the right to appeal the decision to apply the shortened procedure; time limits complaints are three days from the date of the decision. The complaint was sent to the Procurator had decided to adopt the shortened procedure and must be solved within three days from receipt of the complaint.

Article 321. The investigation 1. The duration of the investigation according to the abridged procedure is the twelve days from the day the decision to prosecute the case.

2. At the end of the investigation, the investigating agency must not make a conclusive investigation that suggested the prosecution decision and send the case file to the Procurator.

Article 322. The custody, detention for investigation, prosecution 1. The base, competence and procedures of the custody, detention is applied according to the provisions of this law.

2. The time limit for custody is not more than three days from the day the authorities get people arrested.

3. The time limit of detention for investigation, prosecution was not too sixteen days.

Article 323. Decision on the prosecution 1. Within a period of four days from the receipt of the case file, the Procurator must one of the following decisions: a) prosecuting accused before the Court by the prosecution decision;

b) Charged to additional investigation records;

c) temporarily suspend the case;

d) to suspend the case.

2. In the case of pay records to investigate additional or temporary suspension of the case provided for in point b or c paragraph 1 of this Article, the Procurator must the decision to cancel the decision to apply the procedures and the case be solved according to the General procedure.

Article 324. Trial


1. within seven days from the receipt of the case file, the judge assigned to preside at the trial to one of the following decisions: a) bringing the case to trial;

b) Charged to additional investigation records;

c) temporarily suspend the case;

d) to suspend the case.

2. In the case of a decision to bring the case to trial defined in art. 1 of this article shall within seven days from the date of the decision, the Court must open the trial of the case. The trial of first instance was conducted according to the General procedure.

3. In the case of pay records to investigate additional or temporary suspension of the case provided for in point b or c paragraph 1 of this Article, the Court transferred the records to the Procurator and the case was resolved in accordance with the General procedure.

4. where necessary, the Court of first instance decided the detention was to ensure the trial. The time limit of detention not exceeding fourteen days.

5. The appellate, Cassation, a retrial for the case was the trial of first instance according to the abridged procedure is conducted according to the General procedure.

Chapter XXXV COMPLAINTS, accusations in CRIMINAL PROCEEDINGS Article 325. People have the right to complain the Agency, organization or individual has the right to appeal the decision, the Agency's litigation behavior, authorized person conducting the proceedings when there is a base for that decision, behavior that is unlawful, infringing the right, taking advantage of their legal íích.

Appeal against the judgment of the first instance decision, not yet in force law, complaints against the judgment, the decision has no legal effect to resolve under the provisions of this chapter which are settled according to the provisions of Chapter XXII, XXIV, XX and XXI of the code.

Article 326. The rights and obligations of the complainant 1. The complainant has the right to: a) himself claims or through a legal representative to complain;

b) complaints in any stage of the process to resolve criminal cases;

c) Withdraw a complaint at any stage of the complaint resolution process;

d) received a written reply regarding the resolution of the complaint;

DD) be restored to power, taking advantage of legal íích has been compromised, the damage to be compensated according to the provisions of the law.

2. The complainant is obliged to: a) honestly, providing information, documentation for the resolution of complaints; responsible before the law for the content of the presentation and the provision of information, that document;

b the Executive outcomes) complaints.

Article 327. Rights and obligations of the person with the complaint 1. People complained of has the right: a) give evidence of the legality of decisions, acts of the proceedings complained of;

b) received a written appeal of the decision, the behaviour of its proceedings.

2. The person who complained is obliged: a) the explanation of the decision, the proceedings acts complained of, provided the information, relevant documents when agencies, organizations, individuals have the authority required;

b the Executive outcomes) complaints;

c) compensation, remedial due decisions, acts of his unlawful proceedings cause as prescribed by law.

Article 328. Time limits complaints time limits complaints is fifteen days from the date received or learned behavior, decision in the proceedings for which the complainant for that breach the law.

In the event because of illness, natural disasters, pest, travel, study or ởnơi because of objective obstacles that the complainant did not make the right to complain in the correct time, then the time has obstacles that are not calculated in the time of the complaint.

Article 329. The authority and the time limit for complaints investigator, Deputy Heads and heads of agencies investigating the complaint proceedings acts, decisions of the investigator, Deputy Heads investigation by the investigating agency heads review, resolved within seven days from the receipt of the complaint. If does not agree with the results resolved then the complainant has the right to complain to the Procuratorate at the same level. Within seven days from the receipt of the complaint, the Procurator at the same level must consider, resolve. Procurator at the same level have final jurisdiction.

Appeal decisions, acts in the proceedings of the heads of the investigation and the decisions of the investigating agency has been approved by the Procuratorate Procurator at the same level to resolve within seven days from the receipt of the complaint. If does not agree with the results resolved then the complainant has the right to appeal to the superior Procuratorate directly. Within a period of fifteen days from the date of receiving the complaint, the Procurator supervisor must consider, resolve. The superior Procuratorate directly have the final jurisdiction.

Article 330. The authority and the time limit for complaints against the Prosecutor, the Deputy Minister and the Prosecutor claims decisions, acts in the proceedings of the Deputy Procurator, the Prosecutor, issued by Chief Procurator resolved within seven days from the receipt of the complaint. If does not agree with the results resolved then the complainant has the right to appeal to the superior Procuratorate directly. Within a period of fifteen days from the date of receiving the complaint, the Procurator supervisor must consider, resolve. The superior Procuratorate directly have the final jurisdiction.

Appeal proceedings, acts of the Minister the Prosecutor because the superior Procuratorate directly resolved within fifteen days from the date of the complaint. The superior Procuratorate directly have the final jurisdiction.

Article 331. The authority and the time limit for complaints against judges, Deputy Chief Justice and Chief Justice of the Court of appeal decision of judges, Deputy Chief Justice before the opening of the trial by the Chief Justice the Court resolved within seven days from the receipt of the complaint. If does not agree with the results resolved then the complainant has the right to appeal to the superior court. Within a period of fifteen days from the date of receiving the complaint, the Tribunal must consider the direct superior, resolve. The Superior Court has jurisdiction directly.

Appeal decisions, acts in the proceedings of the Court before Chief Justice opens the trial by court on directly addressed within fifteen days from the date of the complaint. The Superior Court has jurisdiction directly.

Article 332. The authority and the time limit for resolving complaints for authorized person conducting an active investigation of complaints decisions, acts in proceedings of who has the authority to conduct certain activities investigated by the Procurator authorized the prosecution resolve within seven days from the date of receiving the complaint. If does not agree with the results resolved then the complainant has the right to appeal to the superior Procuratorate directly. Within a period of fifteen days from the date of receiving the complaint, the Procurator supervisor must consider, resolve. The superior Procuratorate directly have the final jurisdiction.

Appeal proceedings were ratified by the Procuracy Procuratorate approved the decisions that resolve within seven days from the receipt of the complaint. If does not agree with the results resolved then the complainant has the right to appeal to the superior Procuratorate directly. Within a period of fifteen days from the date of receiving the complaint, the Procurator supervisor must consider, resolve. The superior Procuratorate directly have the final jurisdiction.


Article 333. The time limit for complaints related to the application of measures to arrest, detention, custody complaint relating to the application of measures to arrest, detention, detention must be reviewed, the Procuracy settled immediately. In case of need to have time to verify more then the time limit for solving not more than three days from the receipt of the complaint. If does not agree with the results resolved then the complainant has the right to appeal to the superior Procuratorate directly. Within seven days from the receipt of the complaint, the Procurator must consider, resolve. The superior Procuratorate directly have the final jurisdiction.

Article 334. People have the right to denounce citizens have the right to report to the Agency, the competent individuals about violations of the law by any authorized person conducting the proceedings would cause damage or threatened damage to benefit the State's íích, íích's legal interests, rights of citizens, the Agency , organization.

Article 335. The rights and obligations of the accused 1. The accused has the right to: a) submit or report directly to the Agency, the competent individual;

b) require a secret name, address, his autographs;

c) asked to be notified of results to resolve accusations;

d) require the competent authority conducting the proceedings to protect when threatened, retaliation, revenge.

2. The accused is obliged to: a) honestly about the content of the report;

b) stating your name, your address;

c) responsible before the law about the false accusations.

Article 336. Rights and obligations of the person reported 1. The reported reserves: a) to be informed about the content of the report;

b) give evidence to prove the content of the report is not true;

c) restored the rights, legitimate interests infringed, be rehabilitated, to compensation for damage caused by the accusations not true cause;

d) requires agencies, organizations, individuals with authority to handle the accusations false.

2. The person being accused is obliged: a) explanation about the reported behavior; providing information, documents that when bodies, competent personal request;

b) observance of the result handle the Agency's accusations, personal jurisdiction;

c) compensation, remedial due to its unlawful behavior caused.

Article 337. The authority and the time limit for settling the denunciation 1. To report violations of the law of the competent person conduct the proceedings in the competent authority conducting the proceedings shall be the head of the agency that it has the responsibility to solve.

In case people were denounced as the heads of the investigation, the Minister, the Chief Justice of the Court Prosecutor, the investigating authorities, the Procurator, the superior court directly responsible for solving. Denounce the behaviour of those proceedings has the authority to conduct certain activities investigated by the Procurator has the competence to review prosecution, solved.

The time limit for settling accusations do not exceed sixty days from the date of acceptance; for complex cases, the timelines to resolve accusations may be long over, but not exceeding ninety days.

2. To denounce violations of the law of criminal signs shall be settled according to the provisions of article 103 of this law.

3. Denunciation regarding the behavior catch, custody, detention must be reviewed, the Procuracy settled immediately. In case of further verification, the time limit of not more than three days.

Article 338. The responsibility of the person who has the authority to resolve complaints, accusations the Agency, authorized individuals within the scope of the task, their powers are responsible for receiving, solving timely legal complaints, accusations and inform in writing the results solve for people who have complaints, the report said; strict handling of the breach; adopt the necessary measures to prevent the damage that can occur; guaranteed results resolved strictly enforced and are responsible before the law for his settlement.

Who has the authority to resolve complaints, accusations that are not addressed, the lack of responsibility in solving illegal settlement, then depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Article 339. The duties and powers of the Procuracy as prosecutor handling the complaints, accusations in criminal proceedings 1. Procuracy investigation agency requirements, the Court of the same level and lower level, border guard, customs, Rangers, marine police, other agencies of public security of the people, people's army was tasked to conduct a number of investigative activities: a) writing complaint resolution According to the report, the provisions of this chapter;

b) check the resolution of complaints, accusations of his level and lower level; Announcing the test results for the Procurator;

c) provides records, documents relating to the complaint resolution, to report to the Procurator.

2. Procurator directly prosecutor handling the complaints, accusations in coroner Court, the border guard, customs, the police, Rangers and other agencies of public security of the people, people's army was tasked to conduct some investigation activities.

The eighth joint INTERNATIONAL COOPERATION Chapter XXXVI GENERAL PROVISIONS on INTERNATIONAL COOPERATION in CRIMINAL PROCEEDINGS Article 340. The principle of international cooperation in the criminal activities of international cooperation in criminal activities between the competent authority conducting the proceedings of the Socialist Republic of Vietnam with the competent bodies of foreign countries is made on the principle of respect for the independence , the sovereignty, the territorial integrity of countries, non-interference in each other's internal affairs, equality and mutual benefit, in accordance with the Constitution of the Socialist Republic of Vietnam and the basic principles of international law.

International cooperation in criminal proceedings are conducted in accordance with the international treaties to which the Socialist Republic of Vietnam signed or joined and the provisions of the law of the Socialist Republic of Vietnam.

In the case of the Socialist Republic of Vietnam has not signed or have not joined the relevant international treaties, the international cooperation in criminal proceedings is made on the principle of reciprocity but not against the law of the Socialist Republic of Vietnam , international law and international practices.

Article 341. Judicial assistance When judicial assistance, the Agency has the authority to conduct the proceeding, the authority conducting the proceedings of the Socialist Republic of Vietnam to apply the provisions of the relevant international treaties to which the Socialist Republic of Vietnam signed or joined and the provisions of this law.

Article 342. Refuse to perform the judicial assistance requested The competent authorities to conduct the proceedings of the Socialist Republic of Vietnam may refuse to perform the required judicial assistance in criminal activity, if in one of the following cases: 1. The request for judicial assistance is inconsistent with international treaties to which the Socialist Republic that Vietnam signed or joined and the law of the Socialist Republic of Vietnam;

2. The implementation of the request for judicial assistance prejudicial to the sovereignty, national security or other important íích of the Socialist Republic of Vietnam.

Chapter XXXVII the EXTRADITION and TRANSFER of RECORDS, documents, PHYSICAL EVIDENCE of the CASE Article 343. The extradition so criminal liability or execution


Based on international treaties to which the Socialist Republic of Vietnam has signed or joined or under the principle of reciprocity, the competent authorities conduct the proceedings of the Socialist Republic of Vietnam may be: 1. request the competent authority of the extradition of a foreign person of the offence or convicted criminal judgment has the effect of laws for the Socialist Republic of Vietnam to rescue the criminal liability or penalty;

2. Make extradition alien offence or convicted criminal judgment has the effect of law are on the territory of the Socialist Republic of Vietnam to the country requires to save criminal liability or penalty.

Article 344. Refuse extradition 1. The Agency has the authority to conduct the proceedings of the Socialist Republic of Vietnam refused the extradition, if in one of the following cases: a) the extradition request were citizens of the Socialist Republic of Vietnam;

b) under the provisions of the law of the Socialist Republic of Vietnam, the people suffer from extradition request can not be prejudice criminal liability or penalty due to running out of time or other legal reasons;

c) who suffer from extradition request so criminal liability has been the Court of the Socialist Republic of Vietnam guilty by verdict has been in force legislation on the offence stated in the extradition request or the case was suspended under the provisions of this law;

d) who suffer from extradition request was the residence of South ởViệt because there are likely to be in the country by the extradition request has the distinction of race, religion, nationality, ethnicity, social or political views.

2. the competent authority conducting the proceedings of the Socialist Republic of Vietnam may refuse extradition, if in one of the following cases: a) according to the criminal law of the Republic of Vietnam, the Socialist behavior that the extradition request was made is not a crime;

b) The extradition request were been rescued in South ởViệt criminal liability of acts stated in the extradition request.

3. the competent authority conducting the proceedings of the Socialist Republic of Vietnam refused the extradition according to the provisions in clause 1 and clause 2 of this Article are responsible for informing the competent bodies of foreign countries have sent the extradition request said.

Article 345. The transfer of records, evidence of the case 1. As for the criminal alien on the territory of the Socialist Republic of Vietnam, if the conduct of the proceedings could not be performed because that person already abroad, the competent authorities are proceeding the case can file the case to the Supreme People's Procuratorate to the transfer procedure for competent authorities respectively of the foreign.

2. When transferring the case file to the competent agency of a foreign country, the competent authority conducting the proceedings of the Socialist Republic of Vietnam may transfer all physical evidence of the case.

Article 346. The delivery, transfer of materials, items, money related to the case 1. Forwarding of documents related to the case were conducted according to the provisions of international treaties to which the Socialist Republic of Vietnam signed or joined and under the provisions of this law.

2. The transfer objects, money related to the case outside the territory of the Socialist Republic of Vietnam is made according to the provisions of legislation of the Socialist Republic of Vietnam.

This law was the National Assembly of the Socialist Republic of Vietnam tags XI, session 4 through November 26, 2003./.

 

 

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