Institution of a Criminal Case

Some Notable Provisions on the Institution of Criminal Proceedings

The institution of criminal proceedings is the initial stage of criminal procedure, in which a competent authority determines whether or not there are signs of a crime in order to issue a decision to institute or not to institute criminal proceedings.

Competent Authorities to Institute Criminal Proceedings

• Investigation agencies;

• People’s Procuracies;

• People’s Courts;

• Border Guard units, Customs authorities, Forest Protection authorities, the Coast Guard, and other agencies of the People’s Public Security and the People’s Army.

A criminal case shall only be instituted when signs of a crime have been identified. The determination of signs of a crime is based on the following grounds:

• Crime reports from individuals;

• Notifications from agencies, organizations, or individuals;

• Reports in mass media;

• Requests for institution from state agencies;

• Direct discovery of signs of a crime by competent criminal procedure-conducting bodies;

• Voluntary surrender or confession by offenders.

Procedures for the Institution of Criminal Proceedings

1. Receipt of denunciations, crime reports, and requests for institution;

2. Examination and verification of information on crimes: Within 20 days from the receipt of a denunciation, crime report, or request for institution, the investigating agency or the agency assigned to conduct certain investigative activities must examine and verify the information.

   • If the case reported or denounced, or the request for institution, involves many complicated circumstances or requires examination and verification in multiple locations, the time limit for settlement may be extended but shall not exceed 02 months.

   • Where the examination and verification cannot be concluded within the above time limits, the Chief Procurator of the People’s Procuracy of the same level or of competent jurisdiction may grant one extension, not exceeding 02 months.

At least 05 days before the expiration of the prescribed examination and verification time limit, the investigating agency or the agency assigned to conduct certain investigative activities must submit a written request to the People’s Procuracy of the same level or of competent jurisdiction for an extension.

Grounds for Non-Institution of Criminal Proceedings

A criminal case shall not be instituted where any of the following grounds exists:

• No criminal act has occurred;

• The act does not constitute a crime;

• The person committing the socially dangerous act is below the age of criminal responsibility;

• The act has already been adjudicated by a legally effective judgment or decision to terminate the case;

• The statute of limitations for criminal prosecution has expired;

• The crime has been granted amnesty;

• The person committing the socially dangerous act has died, unless a re-investigation is required for another person;

• For crimes specified in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, 156, and 226 of the Penal Code, where the victim or the victim’s lawful representative does not request prosecution.