Law 02/2021/QH15 amending the Criminal Procedure Code

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ATTRIBUTE Law 02/2021/QH15 amending the Criminal Procedure Code

Law No. 02/2021/QH15 dated November 12, 2021 of the National Assembly Amending and Supplementing a Number of Articles of the Criminal Procedure Code
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:02/2021/QH15Signer:Vuong Dinh Hue
Type:LawExpiry date:Updating
Issuing date:12/11/2021Effect status:
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Fields:Criminal

SUMMARY

One more case where the procuracy may decide to suspend a criminal case

The Law No. 02/2021/QH15 Amending and Supplementing a Number of Articles of the Criminal Procedure Code is passed on November 12, 2021 by the National Assembly.

Specifically, the National Assembly assigns additional responsibilities for public security offices of communes in preliminarily verifying reported criminal information. Besides, in case of failing to complete the examination and verification for issuing a decision to initiate or not to initiate a criminal case for the reason of a force majeure event due to a natural disaster or an epidemic, the competent body shall decide to suspend the processing of an offense denunciation, reported criminal information or a criminal case initiation proposal.

In addition to 3 prescribed case, from the effective date of this Law, the procuracy shall decide to suspend a criminal case it is impossible to conduct proceedings to decide on prosecution for the reason of a force majeure event due to a natural disaster or an epidemic, while the time limit for deciding on prosecution has expired.

Noticeably, criminal cases involving the offense of intentionally infringing upon industrial property rights over a trademark or geographical indication currently under protection in Vietnam as prescribed in Clause 1 Articles 226 of the Penal Code may be initiated without the request of victims or representatives of victims.

This Law takes effect on December 1, 2021.

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Effect status: Known
TTXVN

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 02/2021/QH15

 

 

 

LAW

Amending and Supplementing a Number of Articles of the Criminal Procedure Code

 

Pursuant the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates Law No. 101/2015/QH13 Amending and Supplementing a Number of Articles of the Criminal Procedure Code.

Article 1. To amend and supplement a number of articles of the Criminal Procedure Code

1. To amend and supplement Clause 3, Article 146 as follows:

“3. Public security offices of communes, wards and townships, and public security stations shall receive offense denunciations and reports, make written records of receipt, carry out preliminary examination and verification, and immediately transfer such denunciations and reports enclosed with related documents and objects to competent investigation bodies.”.

2. To add Point c below Point b, Clause 1, Article 148 as follows:

“c/ It fails to complete the examination and verification for issuing a decision to initiate or not to initiate a criminal case for the reason of a force majeure event due to a natural disaster or an epidemic.

The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Minister of Public Security, Minister of National Defense and heads of other related agencies in, providing in detail this Point.”.

3. To amend and supplement Clause 1, Article 155 as follows:

“1. Criminal cases involving the offenses prescribed in Clauses 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Penal Code may only be initiated at the request of victims or representatives of victims who are aged under 18 years or have mental or physical defects or deceased.”.

4. To amend and supplement Clause 8, Article 157 as follows:

“8. For the offenses prescribed in Clauses 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Penal Code, for which victims or their representatives do not request the initiation of a criminal case.”.

5. To add Point d below Point c, Clause 1, Article 229 as follows:

“d/ The investigation cannot be completed due to a force majeure event due to a natural disaster or an epidemic, while the investigation time limit has expired.

The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Minister of Public Security, Minister of National Defense and heads of other related agencies in, providing in detail this Point.”.

6. To add Point d below Point c, Clause 1, Article 247 as follows:

“d/ It is impossible to conduct proceedings to decide on prosecution for the reason of a force majeure event due to a natural disaster or an epidemic, while the time limit for deciding on prosecution has expired.

The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Minister of Public Security, Minister of National Defense and heads of other related agencies in, providing in detail this Point.”.

Article 2. Implementation provisions

1. To amend and supplement Article 44 of Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies as follows:

“Article 44. Responsibilities of public security offices of communes, wards or townships and public security stations

1. Public security offices of communes, wards and townships and public security stations shall receive offense denunciations and reports, make written records of receipt, carry out preliminary examination and verification, and immediately transfer such denunciations and reports enclosed with related documents and objects to competent investigation bodies.

2. In case public security offices of communes, wards and townships and public security stations detect, arrest or receive offenders caught red-handed or wanted persons, they shall confiscate or seize weapons and dangerous instruments and preserve relevant documents and objects, make minutes of arrest, take initial testimonies, and protect crime scenes in accordance with law; and immediately escort arrested persons to immediate superior public security offices or promptly report thereon to competent investigation bodies.”.

2. This Law takes effect on December 1, 2021.

This Law was passed on November 12, 2021, by the XVth National Assembly of the Socialist Republic of Vietnam, at its 2nd session.-

Chairman of the National Assembly
VUONG DINH HUE

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SAME CATEGORY

Joint Circular No. 01/2022/TTLT-VKSNDTC-TANDTC-BCA-BQP-BLDTBXH dated February 18, 2022 of the Supreme People’s Procuracy, the Supreme People’s Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs providing the coordination among competent agencies in the receipt and settlement of denunciations or reported information about offenses and criminal case initiation proposals, investigation, prosecution and first-instance trial of cases of sexual assault against under-18 persons

Joint Circular No. 01/2022/TTLT-VKSNDTC-TANDTC-BCA-BQP-BLDTBXH dated February 18, 2022 of the Supreme People’s Procuracy, the Supreme People’s Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs providing the coordination among competent agencies in the receipt and settlement of denunciations or reported information about offenses and criminal case initiation proposals, investigation, prosecution and first-instance trial of cases of sexual assault against under-18 persons

Criminal , Justice

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