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Official Gazette

Monday, July 6, 2020

Release on bail for detainees proposed

Updated: 15:07’ - 14/07/2017
The accused or defendants who are temporarily detained for criminal charges would be entitled to release on bail, according to a draft circular jointly prepared by the Ministry of Public Security, Ministry of Finance, Supreme People’s Procuracy and Supreme People’s Court.

Competent proceedings-conducting bodies would allow the accused or defendants or their relatives to deposit money as bail for their release__Photo: Internet

Depending on the nature and level of danger of criminal acts to the society and on personal identifications and property conditions of the accused or defendants, competent proceedings-conducting bodies would allow them or their relatives to deposit money as bail for their release, says the draft.

The bail levels are proposed to be VND 30 million, 100 million and 200 million for less serious crimes, serious crimes, and very serious crimes, respectively.

Proceedings-conducting bodies may decide on lower bail levels, which must not be lower than half of the above levels, for war invalids, persons who are conferred the titles of People’s Armed Forces Hero, Labor Hero, People’s Doctor or People’s Teacher, persons awarded resistance war medals, offspring or adopted children of fallen heroes or Vietnamese heroine mothers, under-18 persons, persons with mental illnesses, persons aged full 70 years or older, pregnant women or women nursing under-36 month children.

As required by the draft, upon release on bail from temporary detention, the accused or defendants would be obliged to present themselves in response to summons. They would also be prohibited from absconding or relapsing into committing an offense, buying off, forcing or inciting other persons to make false statements or declarations, or intimidating, controlling or taking revenge on witnesses, victims, whistle blowers and their relatives.

If failing to present themselves or committing prohibited acts, they would be temporarily detained and their deposited money amounts would be forfeited into the state budget.

The money-depositing period would not exceed the investigation, prosecution or trial time limit. Those who have fulfilled the pledged obligations would have their deposits refunded.

Under the draft, ineligible for release on bail would be those committing crimes infringing upon the national security; particularly serious crimes; or serious or very serious crimes such as infringing upon individuals’ life, health, honor or dignity, narcotics-related crimes, corruption, plundering property, kidnapping or taking others’ property by force, etc.- (VLLF)

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