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Accordingly, bodies and persons competent to conduct the proceedings may only suspend the settlement of matters and cases for the reason of force majeure events due to epidemics under Point c, Clause 1, Article 148; Point d, Clause 1, Article 229, or Point d, Clause 1, Article 247, of the Criminal Procedure Code when fully having the following grounds:
- They have applied all necessary measures specified by law but remain unable to perform one or several procedural activity(ies) to complete the settlement of offense denunciations or reports or criminal case initiation proposals; or to complete investigation or decide on prosecution for the reason that such matters or cases fall into one of the cases;
- The time limit for settlement of offense denunciations or reports or criminal case initiation proposals; or the time limit for investigation or decision on prosecution has expired.
This Circular prescribes the force majeure events due to natural disasters as follows:
- Proceeding participants or bodies and persons competent to conduct the proceedings or places where procedural activities need to be carried out are in areas where the state of emergency due to epidemics is declared in accordance with the law on state of emergency and law on infectious disease prevention and control;
- Proceeding participants are currently in medical isolation under decisions of competent agencies or persons for the reason that they are suffering group-A diseases or fall into other cases related to group-A diseases in accordance with the law on infectious disease prevention and control;
- Proceeding participants or bodies and persons competent to conduct the proceedings or places where procedural activities need to be carried out are in areas where the Prime Minister or the Minister of Health declares epidemics for group-A infectious diseases in accordance with the law on infectious disease prevention and control.
This Circular takes effect on December 01, 2021.
