What is the maximum duration of temporary detention for each type of crime?

• When an individual is prosecuted or investigated for a criminal act, the measure of temporary detention is usually applied by the procedural agency to serve the process of investigation, prosecution and trial. However, many people still wonder how long the maximum detention period is, whether it can be extended or not, and whether the detention period differs between types of crimes. In fact, the criminal procedure law stipulates very specifically the duration of temporary detention corresponding to each stage of the proceedings and each seriousness of the crime. Understanding these provisions not only helps the person subject to the measure of temporary detention and their family protect their legitimate rights and interests, but also helps all individuals properly understand the provisions of the law. In the article below, HTC Vietnam Law Firm will analyze in detail the maximum detention period for each type of crime, the cases to be extended as well as the relevant legal provisions under the current Criminal Procedure Code.

1. What is custody?

Temporary detention is one of the preventive measures applied in criminal proceedings to isolate the accused or defendant from society for a certain period of time to serve the investigation, prosecution, trial or judgment enforcement activities. This is the most severe of the deterrent measures because it directly restricts the individual's bodily freedom. Therefore, the application of temporary detention must strictly comply with the provisions of the Criminal Procedure Code, which can only be carried out when there are grounds and in cases prescribed by law.

According to the provisions of Article 119 of the Criminal Procedure Code 2015, temporary detention is applied to the accused and defendants in certain cases in order to prevent them from fleeing, continuing to commit crimes, destroying evidence, threatening witnesses or committing acts that make it difficult for the process of resolving the case. Contrary to the notion of many people, the fact that an individual is prosecuted does not mean that he or she will definitely be detained. In fact, the procedure-conducting agency must fully consider the nature and danger of the criminal act, the personal identity of the accused as well as the risk of affecting the proceedings before deciding to apply this measure.

The current law also clearly stipulates the cases in which temporary detention is applied. Specifically, this measure can be applied to a person accused of a particularly serious crime or a very serious crime. For serious crimes and less serious crimes, temporary detention shall only be carried out when there are additional grounds such as that the person has fled, has no clear place of residence, continues to commit criminal acts or shows signs of obstructing investigation, prosecution and trial activities.

For some special groups such as pregnant women, women who are raising children under 36 months old, the elderly or people with serious illnesses, the Criminal Procedure Code prioritizes the application of other deterrent measures instead of temporary detention. Only in cases of really necessity and in statutory cases, the procedure-conducting agency may decide to temporarily detain these subjects. This regulation reflects the humanitarian principle of Vietnamese law, and at the same time ensures the balance between the requirements of crime prevention and combat and the protection of human rights.

2. The maximum duration of temporary detention for each type of crime

One of the most concerned issues when applying the measure of temporary detention is how long the accused can be detained. Many people think that this deadline is set the same for all cases. However, in practice, the Criminal Procedure Code stipulates that the duration of temporary detention depends on each stage of the proceedings and the seriousness of the crime. Cases of a particularly complex nature may be extended but must still comply with the maximum limits prescribed by law.

2.1. Duration of temporary detention in the investigation stage

The investigation stage is the stage when the investigating agency collects evidence, takes testimonies, assesses and carries out other procedural activities to determine the truth of the case. This is also the period when temporary detention measures are most commonly applied.

According to Article 173 of the 2015 Criminal Procedure Code, the duration of temporary detention for investigation is determined corresponding to each type of crime as follows:

It can be seen that the higher the danger of the offense, the longer the maximum detention period. This comes from the fact that serious cases often have many complicated circumstances, requiring a lot of time to collect evidence, solicit expertise, confrontation or verification in many different localities.

2.2. Duration of temporary detention in the prosecution stage

After the investigation is completed, the case file is transferred to the Procuracy for consideration of the prosecution of the accused before the Court. During this time, if deeming it necessary, the procuracies may still continue to apply the measure of temporary detention. According to Article 240 of the 2015 Criminal Procedure Code, the time limit for deciding on the prosecution is:

- Not exceeding 20 days for less serious crimes and serious crimes;

- Not more than 30 days for very serious crimes and particularly serious crimes.

In cases where the cases are complicated or need to be supplemented with documents, the procuracies may extend the time limit for deciding on the prosecution but not exceeding the following:

- 10 days for less serious crimes and serious crimes;

- 15 days for very serious crimes;

- 30 days for particularly serious crimes.

During this period, if the accused is still subject to the measure of temporary detention, the duration of temporary detention must not exceed the time limit for prosecution as prescribed. This is to ensure that detention is always associated with the progress of resolving the case, avoiding unnecessary prolongation.

2.3. Duration of temporary detention in the first-instance trial stage

When the Procuracy issued the indictment and transferred the file to the Court, the case entered the first-instance trial stage. During this period, the Chief Judge or the Trial Panel may decide to continue the temporary detention of the defendant if it deems it necessary to ensure that the trial is conducted in accordance with law.

According to the provisions of Articles 277 and 278 of the Criminal Procedure Code 2015, the time limit for preparing for first-instance trial is determined according to each type of crime. During this period, the Court may decide to continue to detain the defendant until the end of the trial or within the statutory time limit.

This regulation helps ensure that the defendant is present at the trial, avoiding the case of fleeing or causing difficulties in trial activities. However, the continuation of temporary detention must also be considered on the basis of necessity, not all defendants are automatically detained until the opening of the trial.

2.4. Duration of temporary detention in the appellate trial stage

After the first-instance judgment is issued, if the defendant, the victim or the subjects have the right to appeal or protest, the case will be tried according to appellate procedures. During this period, if the defendant is in custody, the appellate court may decide to continue the temporary detention to ensure the settlement of the case.

The continuation of temporary detention in the appellate stage is not automatic but must be based on the nature of the case, the level of punishment pronounced, the possibility of escape or other relevant factors. If there are no grounds for applying the measure of temporary detention, the Court may replace it with other preventive measures as prescribed by law.

In addition, in all procedural stages, the procedure-conducting agency is responsible for regularly considering the necessity of temporary detention. If the grounds for applying this measure are no longer available or can be replaced by other less severe deterrent measures such as guarantee or deposit of money as security, the decision must be promptly changed in order to ensure the lawful rights and interests of the accused.

3. Some special cases of temporary detention duration

In addition to the general provisions on the duration of temporary detention, the Criminal Procedure Code and relevant legal documents also have separate provisions for a number of special cases. These regulations are developed to ensure the humanity of the law, and at the same time meet the requirements of effective handling for each group of subjects and each specific type of case.

3.1. Duration of temporary detention for persons under 18 years of age

People under 18 years old are a group of subjects who are given special protection mechanisms by law in the course of criminal proceedings. According to the principle of handling juvenile offenders, the application of temporary detention measures is only carried out when absolutely necessary and after considering the possibility of applying other, less severe deterrent measures.

In practice, the procedure-conducting agency often prioritizes the application of measures such as handing over a person under the age of 18 to a legal representative to supervise, prohibiting him from leaving his place of residence or other alternative measures if the case is still resolved. Only when the minor shows signs of absconding, continues to commit crimes or seriously obstructs the procedural activities, the measure of temporary detention shall be considered for application.

Even if they have to be detained, the competent authorities must resolve the case with a spirit of urgency, minimizing the time of isolation of minors from their families and society. This regulation is in line with the principles of child protection recognized in Vietnamese law as well as international treaties to which Vietnam is a signatory.

3.2. Temporary detention of pregnant women, persons nursing small children and persons suffering from serious diseases

Another special case that is of interest to the law is pregnant women, women who are breastfeeding children under 36 months old, the elderly or people with serious illnesses.

According to the provisions of Article 119 of the Criminal Procedure Code 2015, for these subjects, in principle, the measure of temporary detention is not applied, unless they fall into special cases such as absconding, continuing to commit crimes, infringing upon national security or committing acts that seriously endanger society.

However, if the non-custody may seriously affect the investigation process or endanger the society, the procedure-conducting agency still has the right to apply this measure in accordance with the provisions of law.

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(Written by: Nguyen Mai Ninh; Date written: 29/7/2026)

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