New points of Article 243 of the 2015 Criminal Procedure Code (as amended and supplemented in 2025) concerning the decision to prosecute the accused and recommendations

Abstract

The article analyzes the new points of Article 243 of the 2015 Criminal Procedure Code, amended and supplemented in 2025, concerning the decision to prosecute the accused. According to the new amendments and supplements, the Procuracy has the authority to decide to prosecute the accused in absentia in some cases. This new provision has resolved many problems and difficulties in the actual proceedings and is also consistent with the authority to try the accused in absentia during the trial phase. However, through the study of the new contents and the entire Article 243, it is shown that, to ensure more effectiveness in prosecution activities, these regulations need to be completed and have specific instructions for implementation. This article focuses on analyzing the new points in the provisions of Article 243 of the Criminal Procedure Code, and at the same time, makes some recommendations to continue to enhance the effectiveness of implementing this regulation.