How is the Structure of the People's Procuracies at Different Levels Regulated? What Functions Does the People's Procuracy Perform?
How is the structure of the People's Procuracy system at all levels regulated?
The structure of the People's Procuracy system at all levels is regulated as follows:
The People's Procuracy System
Based on Article 40 of the Law on Organization of the People's Procuracy 2014, the system of the People's Procuracy is regulated as follows:
- The Supreme People's Procuracy.- The High-level People's Procuracy.- The Provincial People's Procuracy, centrally-run cities (Provincial-level People's Procuracy).- The District People's Procuracy, county, district-level town, provincial cities and equivalent (District-level People's Procuracy).- The Military Procuracy at all levels.
The Military Procuracy System
Based on Article 51 of the Law on Organization of the People's Procuracy 2014, the system of the Military Procuracy is regulated as follows:
- The Central Military Procuracy.- The Military Procuracy of military zones and equivalent.- The Regional Military Procuracy.
The structure of the People's Procuracy system at all levels is regulated as follows? What functions does the People's Procuracy perform? (Image from the Internet)
What functions does the People's Procuracy perform?
Based on the provisions of Article 2 of the Law on Organization of the People's Procuracy 2014, the functions of the People's Procuracy are regulated as follows:
Functions, tasks of the People's Procuracy
1. The People's Procuracy is an agency practicing prosecutorial power, supervising judicial activities of the Socialist Republic of Vietnam.
2. The People's Procuracy has the task of protecting the Constitution and laws, protecting human rights, citizen rights, protecting socialist policies, protecting the interests of the State, the legitimate rights and interests of organizations and individuals, contributing to ensuring that laws are strictly and uniformly observed.
The People's Procuracy has functions:
- Practicing prosecutorial power- Supervising judicial activities of the Socialist Republic of Vietnam.
What is the function of practicing prosecutorial power of the People's Procuracy?
Based on the provisions of Article 3 of the Law on Organization of the People's Procuracy 2014, the function of practicing prosecutorial power of the People's Procuracy is regulated as follows:
Practicing prosecutorial power is the activity of the People's Procuracy in criminal proceedings to perform the State's prosecution against the offender, carried out right from the resolution of crime reports, denunciations, recommendations to prosecute, and throughout the initiation, investigation, prosecution, and trial of criminal cases.
The People's Procuracy practices prosecutorial power to ensure:
- All criminal acts, offenders must be detected, prosecuted, investigated, prosecuted, and trialed promptly, strictly, correctly identifying the right persons, the right crimes, without wrongful prosecution of innocent people, and not allowing criminals and offenders to escape justice;- No individual should be prosecuted, arrested, detained, imprisoned, or have their human rights and citizen rights restricted unlawfully.
What is the function of supervising judicial activities of the People's Procuracy?
Based on the provisions of Article 4 of the Law on Organization of the People's Procuracy 2014, the function of supervising judicial activities of the People's Procuracy is regulated as follows:
Supervising judicial activities is the activity of the People's Procuracy to supervise the legality of actions, decisions of agencies, organizations, and individuals in judicial activities, carried out right from the reception and resolution of crime reports, denunciations, recommendations to prosecute, and throughout the resolution of criminal cases; in resolving administrative cases, civil cases, marriage and family matters, business, commerce, labor; execution of judgments, resolution of complaints, denunciations in judicial activities; other judicial activities as prescribed by law.
The People's Procuracy supervises judicial activities to ensure:
- The reception, resolution of crime reports and recommendations to prosecute; resolution of criminal cases, administrative cases, civil cases, marriage and family matters, business, commerce, labor; execution of sentences; resolution of complaints, denunciations in judicial activities; other judicial activities are performed in conformity with the law;- Arrest, detention, imprisonment, execution of imprisonment sentences, policies of detention, imprisonment, management, and education of persons serving imprisonment sentences in conformity with the law; human rights and other legitimate rights and interests of detained persons, people serving imprisonment sentences not restricted by the law must be respected and protected;- Judgments and decisions of the Court which have taken legal effect must be enforced strictly;- All violations of the law in judicial activities must be detected and handled promptly, strictly.
Who is the head of the People's Procuracy?
Based on the provisions of Article 7 of the Law on Organization of the People's Procuracy 2014, it is regulated as follows:
Principles of organization and operation of the People's Procuracy
1. The People's Procuracy is led by the Head Procurator. The Head Procurator of the lower-level People's Procuracy is under the leadership of the Head Procurator of the higher-level People's Procuracy. The Head Procurators of the lower-level People's Procuracies are under the unified leadership of the Head Procurator of the Supreme People's Procuracy.
The higher-level Procuracy is responsible for inspecting and strictly handling violations of the law by the lower-level Procuracy. The Head Procurator of the higher-level Procuracy has the right to withdraw, suspend, cancel unlawful decisions of the Head Procurator of the lower-level Procuracy.
2. At the Supreme People's Procuracy, the High-level People's Procuracy, the Provincial People's Procuracy, the Central Military Procuracy, the Military Procuracy of military zones and equivalent, a Supervisory Council is established to discuss and decide by majority on important issues, provide opinions on cases, matters before the Head Procurator makes decisions as prescribed in Articles 43, 45, 47, 53, and 55 of this Law.
According to the above regulations, the head of the Procuracy is the Head Procurator of the Supreme People's Procuracy.
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