New regulations on prosecuting cases and prosecuting defendants when one person commits multiple crimes

The Ministry of Public Security and relevant agencies have just issued new guidelines on initiating criminal cases and prosecuting defendants, which specifically stipulate the change and supplementation of decisions to prosecute defendants when defendants commit multiple crimes or have multiple criminal acts.

According to Clause 6, Article 9 of Joint Circular 01/2026/TTLT-VKSNDTC-BCA-BQP, the issuance of decisions to prosecute criminal cases, prosecute defendants or supplement decisions to prosecute criminal cases, supplement decisions to prosecute defendants in cases where the defendant has multiple criminal acts but the same crime or commits multiple crimes is carried out as follows:

If a person commits multiple criminal acts but for the same crime and is discovered at the same time, a decision to prosecute a criminal case and a decision to prosecute the accused shall be issued for all offenses.

If during the investigation and prosecution, it is discovered that the defendant is still committing the same crime but has not been prosecuted, the prosecuting agency shall issue a decision to supplement the prosecution of a criminal case for that criminal act.

In case at the same time a person commits many different criminal acts and is discovered at the same time, only one decision to prosecute a criminal case and one decision to prosecute the accused shall be issued for all criminal acts, clearly stating each crime with the same articles and clauses of the Penal Code applicable.

If a person commits many different criminal acts and the previous criminal act is aimed at committing the subsequent criminal act or related criminal acts, it will also only issue a decision to prosecute a criminal case and a decision to prosecute the accused, which clearly states each crime and articles and clauses of the Penal Code that are applied.

In case a person commits multiple criminal acts at different times, belonging to many different crimes but is discovered at the same time, it will still only issue one decision to prosecute a criminal case and one decision to prosecute the accused for all criminal acts, and at the same time clearly state each crime and the articles and clauses of the Penal Code that are applied.

For cases of prosecuting defendants for multiple crimes, including crimes under the investigation authority of the higher-level investigating agency, the lower-level investigating agency must exchange and agree with the competent Procuracy to transfer the entire case to the higher-level investigating agency for handling.

In case of prosecuting a defendant for many crimes, including crimes under the investigation authority of the Investigation Security Agency and crimes under the investigation authority of the Investigation Police Agency, if separating the case for investigation according to authority may affect the objectivity and comprehensiveness of the case, the investigating agency under investigation must exchange and agree with the competent Procuracy to determine the main crime. The main crime under the investigation authority of which agency, that agency shall investigate the entire case.

Joint Circular 01/2026/TTLT-VKSNDTC-BCA-BQP takes effect from March 15, 2026.

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