Killed 6 people, escaped arrest for 43 years: Is the statute of limitations for criminal prosecution still valid or expired?

According to lawyer Nguyen Cong Tin - Da Nang City Bar Association, before 1986, our country's criminal law did not address the issue of statute of limitations for criminal prosecution. All criminal acts were prosecuted and handled.

Regarding the case of killing 6 people, evading arrest warrant for 43 years before being arrested, the Investigation Police Agency of Quang Ngai Province Police has sufficient legal basis to prosecute the defendant Phan Thanh Viet.

What is the statute of limitations for criminal prosecution over time?

Attorney Tin said that the statute of limitations for criminal prosecution is the time limit prescribed by the Criminal Law. Once that time limit expires, the offender will not be prosecuted.

The regulation on the statute of limitations for criminal prosecution, in addition to the purpose of requiring the prosecution agency to promptly investigate and handle crimes, also demonstrates the humanity of Vietnamese criminal law towards criminals, in that it emphasizes the general purpose of education and prevention rather than punishment.

Before 1986, our country's criminal law did not raise the issue of statute of limitations for criminal prosecution, meaning that statute of limitations did not apply, all criminal acts must be prosecuted and handled.

From 1986 to present, our country has applied and enforced three Penal Codes. Accordingly, the 1985 Penal Code (Article 45) stipulates that the longest statute of limitations for criminal prosecution is 15 years; the 1999 Penal Code (Article 23) and the 2015 Penal Code (Article 27) stipulate that the longest statute of limitations for criminal prosecution is 20 years.

If applied according to the principle in favor of the offender, the crime committed before 1986 can be applied the most favorable statute of limitations for criminal prosecution according to the 1985 Penal Code of 15 years.

However, Vietnamese criminal law since the application of the 1985 Penal Code has provided that: If within the above-mentioned time limit, the offender intentionally evades and has a wanted warrant, the time of evading is not counted; the statute of limitations is recalculated from the time the person turns himself in or is arrested.

"That is, the time spent on the run is not counted in the statute of limitations for criminal prosecution; the statute of limitations is recalculated from the time the offender confesses or is arrested," said lawyer Tin.

Killing 6 people is too brutal, enough basis to prosecute criminal responsibility

In the murder and robbery case that occurred in 1981 in Nghia Binh province (in 1989, it was split into two provinces, Quang Ngai and Binh Dinh), Phan Thanh Viet was wanted by the Nghia Binh Provincial Police Investigation Agency on April 15, 1981. To date, Phan Thanh Viet has been arrested after 43 years of being on the run.

"According to current law, the statute of limitations for criminal prosecution against Phan Thanh Viet is still valid. The Quang Ngai provincial prosecution agencies have sufficient legal basis to investigate and prosecute Phan Thanh Viet in accordance with regulations, ensuring the strictness of the law," said lawyer Tin.

In April 1981, Phan Thanh Viet (now 71 years old, residing in Binh Chau commune, Binh Son district, Quang Ngai) and four accomplices discussed and planned to find people who wanted to cross the border and take them away. After connecting with six people who wanted to cross the border, Viet gathered them in Binh Chau commune. Afterwards, Viet and his accomplices killed all six people to rob them of their property, then went into hiding.

43 years ago, the Nghia Binh Provincial Police Investigation Agency initiated a case, prosecuted the accused and arrested 3 people. The Nghia Binh Provincial People's Court brought the case to trial, sentenced 2 defendants to death and 1 defendant to life in prison.

The remaining defendant, while fleeing the wanted warrant, fought back fiercely and was shot dead. Defendant Phan Thanh Viet has been on the run from the Nghia Binh Provincial Police since the incident occurred.

Although the case happened a long time ago, the Investigation Police Agency still persisted in verifying. Using professional measures and the coordination of many professional units, detectives from the Office of the Investigation Police Agency of Quang Ngai Provincial Police identified the hiding place of the suspect Phan Thanh Viet in Phong Luu Hamlet, Dong Hung Commune, Cai Nuoc District, Ca Mau Province and proceeded to arrest him.

Immediately after being arrested, Phan Thanh Viet confessed to all his crimes, ending 43 years of running from the law.