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Initiating a criminal case is the first step in the criminal procedure process in Vietnam. Regulations regarding the initiation of a criminal case not only establish the legal basis for conducting investigation, prosecution, and adjudication steps but also ensure the legitimate rights of the involved parties, including the accused and the victim.
Understanding and strictly adhering to these regulations helps maintain fairness, transparency, and efficiency within the criminal justice system. This article will introduce the current regulations on the initiation of criminal cases in Vietnam, highlighting new points and existing issues in practical application.
Initiating a Criminal Case in Vietnam
The initiation of a criminal case is an independent procedural stage that begins investigative activities. During this stage, the competent authority undertakes actions to identify signs of a crime.
The initiation of a criminal case has been stipulated in criminal procedural law since 1960 and has been continuously improved. Currently, the Criminal Procedure Code provides a separate chapter on initiating criminal cases, detailing the grounds, authority, and procedures for initiating a case.
According to regulations, upon detecting signs of a crime, investigative agencies and the procuracy must issue a decision to initiate a criminal case. Units such as the Border Guard, Customs, and Forest Rangers can also initiate a case upon discovering legal violations warranting criminal liability in their respective fields.
Other agencies within the People’s Police, People’s Security, and People’s Army, if they detect signs of a crime during their duties, also have the authority to initiate a case. Courts can issue a decision to initiate a case if they discover a crime or a new offender requiring investigation during a trial.
The decision to initiate a criminal case must clearly state the time, basis, and applicable articles of the Penal Code. While the decision to initiate a case does not require the procuracy’s approval, within 24 hours, decisions by the investigative agency, Border Guard, Customs, and Forest Rangers must be sent to the procuracy for oversight of the initiation; court decisions must be sent to the procuracy for review and investigation decision; and decisions by the procuracy must be sent to the investigative agency for conducting the investigation.
Legal Basis for Investigation
Initiating a criminal case is the initial procedural stage where the criminal justice authority, based on legal provisions, determines whether the socially dangerous act constitutes a crime and decides whether to initiate a criminal case related to that act.
The decision to initiate a case is the legal basis for conducting an investigation. Investigative activities and the application of preventive and coercive measures can only be carried out after the decision to initiate. However, in certain cases where it is necessary to clarify initial information, determine the scene, collect physical evidence, and important details for detecting a crime, activities such as crime scene examination, autopsy, expert consultation, and asset valuation requests can be conducted before initiating a case.
In urgent cases or when catching someone in the act of committing a crime, detaining or arresting the person can occur before initiating a criminal case.
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