What contents must be included in the decision to press criminal charges in Vietnam? What are justifications of criminal charges?
What are justifications of criminal charges in Vietnam?
Pursuant to Article 143 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
A charge shall only be filed upon the ascertainment of signs of criminal activities. Signs of criminal activities are ascertained by:
- A person’s denunciation;
- Information disclosed by an organization or individual;
- Information provided through mass media;
- A governmental authority’s requisitions for charges;
- Competent procedural authorities' direct exposure of signs of criminal activities;
- A perpetrator’s confession.
What contents must be included in the decision to press criminal charges in Vietnam? What are justifications of criminal charges?
Which agency has the authority to press criminal charges in Vietnam?
Pursuant to Article 153 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Authority to press criminal charges
1. Investigation authorities shall make decisions on pressing criminal charges against all matters exhibiting criminal signs, save those handled by units assigned to investigate, procuracies or juries as per Section 2, 3 and 4 in this Article.
2. Units assigned to investigate shall make decisions on pressing criminal charges in the events as defined in Article 164 of this Law.
3. The procuracy makes decisions on pressing criminal charges in the following events:
a) The procuracy decides to rescind a decision not to press criminal charges from investigation authorities or units assigned to investigate;
b) The procuracy directly processes denunciations, information and requisitions;
c) The procuracy directly exposes signs of crime or respond to a requisition for charges by the Trial panel.
4. The Trial panel decides to press charges or request The procuracy to press criminal charges if omission of crimes is detected during the trial.
Thus, the following agencies are competent to press criminal charges:
- Investigation authorities shall make decisions on pressing criminal charges against all matters exhibiting criminal signs, save those handled by units assigned to investigate, procuracies or juries as per Section 2, 3 and 4 Article 153 of the 2015 Criminal Procedure Code of Vietnam.
- Units assigned to investigate shall make decisions on pressing criminal charges in the events as defined in Article 164 of the 2015 Criminal Procedure Code of Vietnam.
- The procuracy makes decisions on pressing criminal charges in the following events:
+ The procuracy decides to rescind a decision not to press criminal charges from investigation authorities or units assigned to investigate;
+ The procuracy directly processes denunciations, information and requisitions;
+ The procuracy directly exposes signs of crime or respond to a requisition for charges by the Trial panel.
- The Trial panel decides to press charges or request The procuracy to press criminal charges if omission of crimes is detected during the trial.
What contents must be included in the decision to press criminal charges in Vietnam?
Pursuant to Article 154 of the 2015 Criminal Procedure Code of Vietnam on the decision to press criminal charges as follows:
Decision to press criminal charges
1. A decision to press criminal charges must specify grounds for charges, quote relevant Articles and clauses from the Criminal Code and present details as required in Section 2, Article 132 of this Law.
2. The procuracy, in 24 hours upon its decision to press criminal charges, shall send such decision to competent investigation authorities that carry out investigative activities.
Investigation authorities and units assigned to investigate, in 24 hours upon their decision to press criminal charges, shall deliver such decision and relevant documents to the competent Procuracy that administers the charges.
A Court, in 24 hours upon its decision to press criminal charges, must have such decision and relevant documents delivered to the equivalent Procuracy.
Referring to Clause 2, Article 132 of the 2015 Criminal Procedure Code of Vietnam as follows:
Procedural documents
1. Procedural documents include orders, decisions, requests, investigation findings, charges, judgments and other procedural documents universally formatted for procedural activities.
2. Procedural documents must bear:
a) Number, issue date and issuing place of the procedural document;
c) Grounds for the issuance of the procedural document;
c) Contents of the procedural document;
d) Full name, position and signature of the individual issuing the procedural document and official seal.
According to the above provisions, a decision to press criminal charges must include the following contents:
- Grounds for charges, quote relevant Articles and clauses from the Criminal Code;
- Number, issue date and issuing place of the procedural document;
- Grounds for the issuance of the procedural document;
- Contents of the procedural document;
- Full name, position and signature of the individual issuing the procedural document and official seal.
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