Grounds for prosecution of criminal cases

Legal basis

Criminal procedure code 2015

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Regulation

Pursuant to the provisions of Article 143 of the Criminal Procedure Code, a charge shall only be filed upon the ascertainment of signs of criminal activities. Signs of criminal activities are ascertained by:

  • A person’s denunciation;
  • Information disclosed by an organization or individual;
  • Information provided through mass media;
  • A governmental authority’s requisitions for charges;
  • Competent procedural authorities’ direct exposure of signs of criminal activities;
  • A perpetrator’s confession.

In addition, some notes on reporting and reporting crimes are as follows:

  • Denunciation or criminal information may be made or given verbally or in writing.
  • If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws.

Thus, the law stipulates that the only possibility to prosecute a case is when it is determined that there are signs of a crime. Criminal signs are the initial documents about the crime event in general, not the specific offender’s documents and the fact that there are cases where only information about the event is known at first. But upon inspection, the event was not criminal enough. Having criminal signs is a necessary and sufficient basis to prosecute a criminal case. Criminal signs are determined on the basis of information obtained from certain sources.

Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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