베트남의 체포,구속제도 연구 -한국제도와 비교- = A study on the Arrest and Detention of Vietnam -comparison to Korea-

다국어 초록 (Multilingual Abstract)

Vietnam, as the other social states do, adopts the principle of democratic centralism, All powers come from the people, exercised through the National Assembly, and it is thought that powers of state is divided to state organs according to necessity. So the principle of check and balance on division of powers and warrantism, the deprived principle of that are not adopted. In criminal procedure law of Vietnam, deterrent measures is considered as measures ① to stave off crimes, ② to secure one`s person for the investigation, prosecution or adjudication ③ to secure one`s person for the judgment execution arrest and detention are considered as one of deterrent measures. These deterrent measures are exercised according to criminal procedure proceedings by Investigating bodies, procuracies and courts and they shall cancel them when they are deemed no longer needed or may be replaced by another one. In Korea, decision on one`s person of investigation bodies and procuracies is controlled by court through warrantism, but in Vietnam, differently investigating bodies, procuracies and courts can decide on determent measures if they judge it is necessary. Provided, That determent measures of investigation bodies must be approved by the procuracies before they are executed and there are no other measures for controlling. In Vietnam, custody exists between arrest and temporary detention. After arresting persons or receiving arrestees, the investigating bodies, if deeming it necessary to temporarily detent or to apply other deterrent measures, within 24 hours, issue decisions to keep the arrestee in custody and decide to temporarily detent or to apply other deterrent measures or not within 3 days, the custody time limit. The custody time limit can extended 3 days and 3 days more The total custody time is 9 days and the time limit of trials is not restricted. Arrest is composed of ① Arresting the accused or defendants for temporary detention, ②Arresting persons in urgent cases, ③ Arresting offenders red-handed or wanted offenders, and requisites are similar to those of Korea. Temporary detention may apply to the accused or defendants in the following cases: a) The accused or defendants have committed especially serious offenses or very serious offenses. b) The accused or defendants have committed serious or less serious offenses punishable under the Penal Code by imprisonment for over two years and there are grounds to believe that they may escape or obstruct the investigation, prosecution or trial or may continue committing offenses. Differently conditions of temporary detention include `seriousness of the crime` and `possibility to continue committing offenses`. Other deterrent measures are also considered as measures to stave off crimes, to secure one`s person for the investigation, prosecution or adjudication and to secure one`s person for the judgment execution. Arrest and detention can be replaced by other deterrent measures and other deterrent measures can be replaced by arrest and detention. Other deterrent measures are composed of ① ban from travel outside one`s residence, ② guaranty, ③ deposit of money or valuable property as bail and They correspond to release on bail of Korea, what is more in each requisite.

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