Distinguish between denouncing and reporting crimes in Vietnam? Which agency is responsible for receiving criminal denunciations of individuals?
Which agency is responsible for receiving criminal denunciations of individuals?
In Article 145 of the 2015 Criminal Procedure Code of Vietnam stipulating on the responsibilities and authority to receive and process denunciations, criminal information disclosed and requisitions for charges as follows:
Responsibilities and authority to receive and process report, criminal information disclosed and requisitions for charges
1. All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting reports, information and requisitions.
2. The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:
a) Investigation authorities and procuracies that obtain reports, information and requisitions;
b) Other authorities that take in denunciations and criminal information disclosed.
3. The authority to handle reports, information and charge requests is given to:
a) Investigation authorities processing intra vires reports, information and requisitions;
b) Units assigned to investigate process reports and criminal information disclosed within its powers;
c) The procuracy processes reports, information and charge requests when investigation authorities or units assigned to perform certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of reports, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.
4. The authorities empowered to process reports, information and charge requests are responsible for informing authorities and entities making reports, disclosing criminal information and requisitioning for charges of the results of the former's tasks.
Thus, agencies and organizations responsible for receiving reports of crimes include Investigation authorities, Procuracies and agencies tasked with conducting a number of investigative activities.
Distinguish between denouncing and reporting crimes in Vietnam? Which agency is responsible for receiving criminal denunciations of individuals? (Image from the Internet)
Distinguish between denouncing and reporting crimes in Vietnam?
In Clause 1, Article 2 of the 2018 Law on Denunciation of Vietnam, there are provisions on denunciation as follows:
Definitions
For the purposes of this Law, the terms below shall be construed as follows:
1. “denunciation” means an individual, according to the procedures prescribed by this Law, notifying a competent organization or individual of a violation committed by any organization or individual which causes or threatens to cause damage to the State interests or legitimate rights and interests of organizations and individuals, including:
a) Denunciation of violations against the law during performance of duties;
b) Denunciation of violations against the law related to state management of fields.
In Article 144 of the 2015 Criminal Procedure Code of Vietnam, there are provisions on reporting, information about crimes, and recommendations for prosecution as follows:
Reporting, criminal information disclosed and requisitions for charges
1. Denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.
2. Criminal information disclosed refers to the data on activities denoting crimes as disclosed by authorities, organizations and individuals to competent authorities or the criminal information disclosed through mass media.
3. Requisitions for charges refers to a competent governmental authority's written requisition enclosed with relevant evidences and documents to investigation authorities and procuracies authorized to consider and settle cases with signs of criminal activities
4. Denunciation or criminal information may be made or given verbally or in writing.
5. If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws.
Thus, the most basic difference between denouncing and reporting crimes is that an individual informs a competent agency, organization or individual about an illegal act that causes damage or threatens to cause damage to the interests of the State, the lawful rights and interests of agencies, organizations and individuals. Meanwhile, the report of crimes is something that an individual discovers that he has committed a criminal offense and reports it to a competent authority.
What are the procedures for processing the report of crimes?
In Article 147 of the 2015 Criminal Procedure Code of Vietnam, the time limit and procedures for processing the report, criminal information disclosed and requisitions for charges are as follows:
Time limit and procedures for processing the report, criminal information disclosed and requisitions for charges
1. Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue one of the following decisions:
a) Decision to press criminal charges;
a) Decision not to file criminal charges;
c) Decide to suspend the processing of denunciations, information and requisitions.
2. If denunciations, criminal information disclosed or requisitions for charges contain complex facts or the verification of such information must be done in several locations, the time limit for processing such information may be extended but shall not exceed 02 months. If activities of investigation and verification cannot end within the time limit as stated in this Section, the head of the equivalent Procuracy or competent Procuracy can sanction one extension of 02 months at most.
Investigation authorities and units assigned to investigate, in at most 05 days before the end of the time limit for investigation and verification, must send a written request for extension to the equivalent Procuracy or competent Procuracy.
3. Competent authorities, when processing denunciations, information and requisitions, shall perform these activities:
a) Collect data, documents and items from relevant authorities and entities to verify the information;
b) Examine the scenes;
c) Conduct autopsy;
d) Requisition expert examinations and valuation.
4. The sequence, formalities and time limit for the Procuracy's processing of denunciations, information and charge requests are governed by this Article.
Thus, the procedures for processing the report of crimes are implemented as above.
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