How to Calculate the Detention Period in Criminal Proceedings

13:50, 11/07/2024

This is one of the prominent contents stipulated in Joint Circular 04/2018/TTLT-VKSNDTC-BCA-BQP, which was promulgated on October 19, 2018, aimed at regulating the coordination between the Investigation Agency and the Procuracy in implementing certain provisions of the Criminal Procedure Code.

The temporary detention period in the case where the accused has already been detained is calculated as follows:

- The detention period is deducted from the temporary detention period for investigation;- If the temporary detention follows immediately after the detention, the temporary detention period is calculated continuously from the end date of the detention;- If the temporary detention does not follow immediately after the detention, the temporary detention period is calculated from the date the accused is detained until the end date stated in the order (minus the days of detention).

Note that when calculating the detention and temporary detention periods, both weekends (Saturday, Sunday) and holidays (including Tet) are counted continuously. One month of temporary detention is calculated as 30 days, and the end point of the last day of the temporary detention period is 24:00 hours on the last day stated in the order.

For details, see Joint Circular 04/2018/TTLT-VKSNDTC-BCA-BQP which takes effect from December 10, 2018.

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