[LEGAL ARTICLE]

Detention is a deterrent in criminal proceedings, in place to prevent a crime from occurring in a timely manner, or when there is evidence that the accused will continue to commit the crime; makes it difficult to investigate, prosecute, adjudicate or secure judgment enforcement. 

According to Clause 1 Article 173 2015 Criminal Procedure Code, The defendant's time limit for investigation is:

- No more than 02 months for less serious crimes;

- No more than 03 months for serious crimes;

- No more than 04 months for very serious crimes and particularly serious crimes.

In cases where a case contains many complicated details, which require a longer investigation time, and there are no grounds to change or cancel the detention measure, the temporary detention measure shall be extended as follows:

- Less serious crime: extended once for no more than 01 month;

- Serious crime: extended once for no more than 02 months;

- Very serious crime: extended once for no more than 03 months;

- Extremely serious crime: is extended twice, each time does not exceed 04 months.

TIf it is necessary for a particularly serious crime that is not an infringement of national security and there is no ground to change or cancel the detention measure, an extension shall be made once for no more than 4 months.

In special cases where there are no grounds to cancel the detention measure, the decision to hold detention shall be made until the investigation ends. 

During the detention period, if deeming it unnecessary to continue the detention, the investigation authority must promptly request the Procuracy to cancel the detention in order to release the detained person or deem it necessary. Take other deterrent measures.

At the end of the detention period, the person held in detention must be released. When deeming it necessary, the agency competent to conduct legal proceedings shall apply other deterrent measures.

Above is the article about "TEMPORARY TIME FOR INVESTIGATION". Readers who need advice, please contact us by hotline (84–28) 2253 7956, website www.medlaw.vn or email medlawteam@gmail.com.