Resolution No. 110/2015/QH13 On the Implementation of the Criminal Procedure Code

RESOLUTION

ON THE ENFORCEMENT OF THE CODE OF CRIMINAL PROCEDURE

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

   BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM,

RESOLUTION:

Article 1

As of July 1, 2016, when the Code of Criminal Procedure number 101/2015/QH13 (hereinafter referred to as the 2015 Code of Criminal Procedure) comes into effect:

1. For cases being handled or resolved by investigative agencies, agencies assigned to perform certain investigative activities, the Office of the Prosecutor, and the Court according to the provisions of the Code of Criminal Procedure number 19/2003/QH11 (hereinafter referred to as the 2003 Code of Criminal Procedure), but have not been concluded by July 1, 2016, the authority to continue resolving such cases shall be governed by the provisions of the 2003 Code of Criminal Procedure until the conclusion of the case, while other issues shall be implemented in accordance with the provisions of the 2015 Code of Criminal Procedure;

2. For complaints, reports of criminal offenses, and recommendations for prosecution that are still under investigation and verification but have not been concluded by July 1, 2016, the time limit for resolution shall be calculated according to the time limit stipulated in the 2015 Code of Criminal Procedure;

3. For suspects and defendants who are detained according to the provisions of the 2003 Code of Criminal Procedure but are not subject to detention according to the provisions of the 2015 Code of Criminal Procedure on July 1, 2016, or whose detention period exceeds the prescribed period in the 2015 Code of Criminal Procedure, the Office of the Prosecutor and the Court shall decide to revoke the detention measure currently applied or replace it with another preventive measure according to the provisions of the 2015 Code of Criminal Procedure;

4. For criminal cases being investigated by agencies assigned to perform certain investigative activities but have not been concluded by July 1, 2016, the investigation period shall be carried out according to the provisions of the 2015 Code of Criminal Procedure;

5. For criminal cases undergoing simplified procedures but have not been concluded by July 1, 2016, the investigation, prosecution, and trial periods shall be calculated according to the time limits stipulated in the 2015 Code of Criminal Procedure;

For first-instance judgments that have not yet taken legal effect and were appealed or protested before July 1, 2016, and fall within the circumstances specified in Clause 2 of Article 456 of the 2015 Code of Criminal Procedure, if they are reviewed after July 1, 2016, the simplified procedure shall be applied according to the provisions of the 2015 Code of Criminal Procedure to resolve them;

6. For criminal cases that have undergone first-instance trials according to the 2003 Code of Criminal Procedure and have appeals or protests before July 1, 2016, but are reviewed after July 1, 2016, the 2015 Code of Criminal Procedure shall be applied to resolve them;

For judgments and decisions of the Court that have taken legal effect according to the 2003 Code of Criminal Procedure and have cassation or revision protests before July 1, 2016, but have not yet been resolved or have new cassation or revision protests after July 1, 2016, the 2015 Code of Criminal Procedure shall be applied to resolve them;

7. For those who have been issued certificates of defense counsel according to the provisions of the 2003 Code of Criminal Procedure, the defense counsel shall continue to use their services until the end of the defense process;

The Court shall continue to apply current laws regarding court fees, litigation fees, and other litigation costs until new regulations from competent authorities are issued.

Article 2

1. The Government is tasked with investing funds to ensure the implementation of provisions concerning the appointment of defense counsel, recording or filming interrogations of suspects with sound, copying and digitizing materials in criminal case files, forensic examinations, and investigative, prosecutorial, trial, and enforcement activities.

The Minister of Public Security is responsible for coordinating with the Minister of National Defense, the Chief Prosecutor of the Supreme People's Procuracy, and the President of the Supreme People's Court to guide the procedures and methods for recording or filming interrogations of suspects with sound; using, preserving, and storing the results of recordings or films of interrogations of suspects during the investigation, prosecution, and trial processes.

The Minister of Public Security is responsible for coordinating with the Chief Prosecutor of the Supreme People's Procuracy, the President of the Supreme People's Court, the Minister of National Defense, the Minister of Planning and Investment, the Minister of Finance, and the Minister of Home Affairs to develop a project on material infrastructure, organizational structure, personnel, and specific implementation schedules for recording or filming interrogations of suspects with sound as stipulated in the 2015 Code of Criminal Procedure.

The Minister of Public Security is responsible for determining specific locations with conditions to implement the recording or filming of interrogations of suspects with sound from July 1, 2016. By January 1, 2019 at the latest, the unified implementation of recording or filming interrogations of suspects with sound nationwide shall be carried out.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and powers, shall organize the review of detailed regulations and guidance on the implementation of the 2003 Code of Criminal Procedure to abolish, amend, supplement, or issue new regulations; propose the National Assembly, the Standing Committee of the National Assembly, and relevant agencies to abolish, amend, supplement, or issue new regulations in accordance with the provisions of the 2015 Code of Criminal Procedure.

3. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall promptly improve the organizational structure, cadres, civil servants, and material infrastructure; supplement, train, and enhance the professional skills of the cadre and civil servants of the Investigation Agency, People's Courts, People's Procuracies, enforcement agencies, and judicial auxiliary agencies; provide necessary conditions to ensure the ability to handle criminal cases and enforce criminal penalties when the Criminal Procedure Code of 2015 comes into effect; coordinate with the Vietnam Fatherland Front Central Committee and its member organizations to widely publicize the Criminal Procedure Code of 2015 among cadres, civil servants, officials, and the people to effectively utilize this Code in the struggle against crime prevention and suppression.

Article 3

The Government, the Supreme People's Procuracy, and the Supreme People's Court are responsible for implementing and guiding the implementation of this Resolution.

This Resolution was passed by the National Assembly of the Socialist Republic of Vietnam, the thirteenth session, tenth meeting on November 27, 2015.