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According to current regulations, from when is stating time of temporary detainment not exceeding 3 days in Vietnam?

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Question date: 29/11/2022

According to current regulations, from when is stating time of temporary detainment not exceeding 3 days in Vietnam? Only in case of the persons held in emergency custody in Vietnam, can temporary detainment be applied? 

My brother 2 days ago committed a crime and was temporary detained, now it has been almost 3 days and has not been found. I also know that according to the law, the temporary detention period is not more than 03 days but it is counted from when? And is it only in the case of the persons held in emergency custody that temporary detainment is applied?
 

    • 1. According to current regulations, from when is stating time of temporary detainment not exceeding 3 days in Vietnam?

      Pursuant to Clause 1, Article 118 of the Criminal Procedure Code 2015 provides for the above content as follows:

      1. The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.

      Thus, in principle, time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering in Vietnam.

      Therefore, for the case you mentioned, time limit for temporary detainment is 03 days from the time the competent authority receives your brother or arrestees him to their headquarters.

      2. Only in case of the persons held in emergency custody in Vietnam, can temporary detainment be applied?

      Pursuant to Clause 1, Article 117 of the Criminal Procedure Code 2015 provides for the above content as follows:

      1. Temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.

      According to the above provisions, temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices. It doesn't just apply to criminals caught in the act in Vietnam.

      Best Regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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