“Hello Lawyer, my husband is an elementary school teacher. He is currently in custody to investigate a case. Can I get a salary while in detention? If the detainee does not receive it, can I as the wife receive the salary on behalf of my husband? Can I receive a salary while in detention? What is the maximum length of detention for a person? Looking forward to helping my counsel. I would like to sincerely thank Lawyer”.
Legal grounds
Criminal Procedure Code 2015
In what case is detention?
According to regulations, Clauses 1,2,3 Article 119 of the Criminal Procedure Code 2015:
Article 119. Detention
Temporary detention may be applied to the accused or defendants of particularly serious crimes or very serious crimes.
Temporary detention may be applied to the accused or defendants for serious or less serious crimes for which the Penal Code provides for a prison term of over 2 years when there are grounds to determine that such person belongs to one of the following categories: fit:
a) Other preventive measures have been applied but violated;
b) There is no clear place of residence or the identity of the accused is unknown;
c) Running away and being arrested under a wanted decision or showing signs of fleeing;
d) Continuing to commit crimes or showing signs of continuing to commit crimes;
d) There is an act of bribing, coercing or inciting others to make false statements or provide untruthful documents; destroy or forge evidences, documents and objects of the case, disperse assets related to the case; threaten, control and retaliate against witnesses, victims, crime whistleblowers and their relatives.
Temporary detention may be applied to the accused or defendants of less serious crimes for which the Penal Code provides for a prison term of up to 2 years if they continue to commit the crime or run away and are arrested under a wanted decision.
How many days is the detention time for investigating a criminal case?
According to Article 173 of the 2015 Criminal Procedure Code, the time limit for temporary detention. Specifically:
- The time limit for temporary detention of the accused for investigation shall not exceed 2 months for less serious crimes, not more than 3 months for serious crimes, and not more than 4 months for very serious crimes and particularly serious crimes. important.
- In case the case has many complicated details, it is considered that it takes a longer time for investigation and there is no ground to change; or cancel the temporary detention measure, at least 10 days before the expiration of the temporary detention time limit; The investigating authority must make a written request to the Procuracy to extend the detention period.
The extension of temporary detention is prescribed as follows:
Firstly, for less serious crimes, the temporary detention period may be extended once for no more than 01 month;
Second, for serious crimes, temporary detention may be extended once for no more than 2 months;
Thirdly, for very serious crimes, temporary detention may be extended once for no more than 3 months;
Finally, for particularly serious crimes, temporary detention may be extended twice, each time not exceeding 04 months.
Can I receive a salary while in detention?
According to the provisions of Clause 1, Article 41 of Decree No. 112/2020/ND-CP on regimes and policies for cases in temporary detention but not yet disciplined as follows:
During the time of being held in custody, temporary detention or being released on bail but applying the measure of banning from leaving the place of residence, they cannot continue to work in service of investigation, prosecution, adjudication or temporary suspension of work. Employees who have not been considered for disciplinary action are entitled to 50% of their current salary, plus leadership allowances, overtime allowances, seniority allowances and salary-reservation differentials. (if).
However, in case cadres, civil servants and public employees holding leadership or management positions are temporarily suspended from their positions, they are not entitled to allowances for leading and managerial positions.
Thus, while in detention but not yet subject to disciplinary consideration, they will still be entitled to 50% of their current salary, plus allowances for leadership positions, extra seniority allowances, and seniority allowances. years of employment and the differential coefficient of salary retention (if any).
Can detainees sell houses?
According to Clause 1, Article 188 of the Land Law, land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
- Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1;
- Article 168 of this Law;
- Undisputed land;
- The land use right is not distrained to secure judgment enforcement;
- During the land use period.
Thus, in cases where real estate meets the above conditions, the owner of the property, even if he is being held in custody, temporary detention or serving a prison sentence, may still transfer according to the provisions of law sell house.
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Frequently asked questions
Grounds for application of the detention measure include:
Has been applied other preventive measures but violated.
There is no clear place of residence or the identity of the accused is unknown.
Fleeing or being arrested for running away or showing signs of being wanted
Continuing to commit crimes or showing signs of continuing to commit crimes.
For the temporary detention time limit in criminal cases longer than the temporary detention time limit, specifically:
Time limit for temporary detention of accused for investigation:
No more than 02 months for less serious crimes.
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