Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code No. 02/2021/QH15

LAW
AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES
OF THE CRIMINAL PROCEDURE CODE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts this Law amending and supplementing certain articles of the Criminal Procedure Code No. 101/2015/QH13.

Article 1. Amendments and supplements to certain articles of the Criminal Procedure Code

1. Amend and supplement Clause 3 of Article 146 as follows:

"3. The Public Security Police Station, Ward, Town, and Post shall be responsible for receiving reports and accusations of criminal offenses, recording the receipt, conducting preliminary inspections and verifications, and immediately transferring such reports and accusations along with related documents and objects to the competent investigative authority."

2. Supplement Point c following Point b of Clause 1 of Article 148 as follows:

"c) It is not possible to conclude the inspection and verification process to decide on the initiation or non-initiation of a case due to force majeure caused by natural disasters or epidemics. The Prosecutor General shall chair and coordinate with the Minister of Public Security, the Minister of Defense, and the heads of other relevant agencies to provide detailed regulations on this point."

3. Amend and supplement Clause 1 of Article 155 as follows:

"1. A criminal case may only be initiated regarding crimes specified in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, and 156 of the Penal Code when there is a request from the victim or the representative of the victim who is under 18 years old, a person with mental or physical disabilities, or a deceased person."

4. Amend and supplement Clause 8 of Article 157 as follows:

"8. Crimes specified in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, and 156 of the Penal Code where the victim or the representative of the victim does not request the initiation of a case."

5. Supplement Point d following Point c of Clause 1 of Article 229 as follows:

"d) When it is impossible to conclude the investigation due to force majeure caused by natural disasters or epidemics but the investigation period has expired. The Prosecutor General shall chair and coordinate with the Minister of Public Security, the Minister of Defense, and the heads of other relevant agencies to provide detailed regulations on this point."

6. Supplement Point d following Point c of Clause 1 of Article 247 as follows:

"d) When it is impossible to conduct procedural activities to decide on prosecution due to force majeure caused by natural disasters or epidemics but the prosecution period has expired. The Prosecutor General shall chair and coordinate with the Minister of Public Security, the Minister of Defense, and the heads of other relevant agencies to provide detailed regulations on this point."

Article 2. Implementation clause

1. Amend and supplement Article 44 of the Law on the Organization of Investigative Agencies No. 99/2015/QH13 as follows:

"Article 44. Responsibilities of the Public Security Police Station, Ward, Town, and Post

1. The Public Security Police Station, Ward, Town, and Post shall be responsible for receiving reports and accusations of criminal offenses, recording the receipt, conducting preliminary inspections and verifications, and immediately transferring such reports and accusations along with related documents and objects to the competent investigative authority.

2. In cases where the Public Security Police Station, Ward, Town, and Post discover, apprehend, or receive persons committing crimes in flagrante delicto or persons being sought for arrest, they shall seize and temporarily hold weapons and dangerous objects, preserve related documents and objects, record the arrest, take initial statements, protect the scene according to the law; immediately transfer the arrested person to the superior public security agency or report to the competent investigative authority."

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

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, second session, on November 12, 2021.