Who is given authority to institute criminal proceedings in Vietnam? Who is assigned to perform certain activities of investigation in criminal proceedings?
Who is given authority to institute criminal proceedings in Vietnam?
Pursuant to Point b, Clause 1, Article 4 of the 2015 Criminal Procedure Code of Vietnam, individuals given authority to institute proceedings (referred to as authorized procedural persons) include presiding officers and those assigned to carry out certain activities of investigation, specifically:
- Presiding officers in criminal proceedings in Clause 2, Article 34 of the 2015 Criminal Procedure Code of Vietnam include:
Presiding authorities and presiding officers
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2. Presiding officers are:
a) Heads and vice heads of investigation authorities and investigators and investigation officers;
b) Heads and vice heads of The procuracy, procurators and checkers;
c) Court presidents, Vice court presidents, judges, lay assessors, Court clerks, verifiers.
- Persons assigned to perform certain activities of investigation in criminal proceedings in Clause 2, Article 35 of the 2015 Criminal Procedure Code of Vietnam include:
Authorities and persons assigned to perform certain activities of investigation
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2. The persons assigned to perform certain activities of investigation are:
a) Personnel of the Border protection force, as assigned to perform certain activities of investigation, include heads and vice heads of Border reconnaissance department, Drug and crime department; heads and vice heads of Special service against drug and crime; captains and vice captains of Border protection units in provinces and centrally-affiliated cities; commanding officers and deputies in Border protection posts; commanders and deputies of Border protection units at border gates;
b) Personnel of Customs authorities, as assigned to perform certain activities of investigation, are heads and vice heads of Anti-smuggling and investigation department; heads and vice heads of Post clearance audit department; heads and vice heads of provincial and inter-provincial Departments of customs and those in centrally-affiliated cities; heads and ice heads of Customs departments at border gates;
c) Personnel of Forest ranger, as assigned to perform certain activities of investigation, include heads and vice heads of Forest protection department, heads and vice heads of Forest ranger departments; heads and vice heads of Forest ranger stations;
d) Personnel of Maritime police force, as assigned to perform certain activities of investigation, include commanders, vice commanders, zone commanders and vice zone commanders of Maritime police force; heads and vice heads of Specialized and legal department; heads and vice heads of Special service of drug enforcement; heads and vice heads of Naval battalions, Naval flotilla; captains and deputies of Maritime police force’s special task units;
dd) Personnel of Fisheries resources surveillances, as assigned to perform activities of investigation, include heads and vice heads of Bureau of fisheries resources surveillances, heads and vice heads of zonal Bureaus of fisheries resources surveillances;
e) Personnel of other units of People's Police force, as assigned to perform certain activities of investigation, include directors and vice directors of Fire Police; heads, vice heads, managers and vice managers of People's Police force’s units assigned to investigate; warders and vice warders of prisons according to the Law on the organization of criminal investigation authorities;
g) Personnel of other units of People’s Army, as assigned to perform certain activities of investigation include warders and vice warders of prisons; heads of independent regiment units and similar ones.
h) Investigation officers in the authorities and units as defined in Section 1 of this Article.
Thus, individuals given authority to institute proceedings according to current regulations includes the two groups of subjects mentioned above.
Who is given authority to institute criminal proceedings in Vietnam? Who is assigned to perform certain activities of investigation in criminal proceedings?
What are the responsibilities of persons given authority to institute criminal proceedings in Vietnam?
Pursuant to Article 17 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Responsibilities of authorities and persons given authority to institute proceedings
Competent procedural authorities and persons, when instituting proceedings, must strictly conform to the laws and shall be held liable for their actions and decisions.
An individual violating legal regulations on emergency custody of people, arrest, imprisonment, custody, charge, investigation, prosecution, adjudication, sentence enforcement, by nature and level of such violations, shall be disciplined or face criminal charges according to the laws.
Thus, competent procedural persons, when instituting proceedings, must strictly conform to the laws and shall be held liable for their actions and decisions.
An individual violating legal regulations on emergency custody of people, arrest, imprisonment, custody, charge, investigation, prosecution, adjudication, sentence enforcement, by nature and level of such violations, shall be disciplined or face criminal charges according to the laws.
What is the principle of assurance of impartiality of persons given authority to institute criminal proceedings in Vietnam?
Pursuant to Article 21 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Assurance of impartiality of persons given authority to institute or engaging in legal proceedings
Persons given authority to institute proceedings, interpreters, translators, expert witnesses, valuators and witnesses are not permitted to engage in proceedings if they may not be impartial, for any reasons, to carry out duties.
Thus, the principle of assurance of impartiality of persons given authority to institute criminal proceedings specifically stipulates that persons given authority to institute proceedings are not permitted to engage in proceedings if they may not be impartial, for any reasons, to carry out duties.
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