Template Decision on Delegation for Resolving Crime Reporting Source and Instructions on How to Fill out the Form According to the Latest Regulations
Latest Decision Template for Entrusting the Resolution of Crime Information
Pursuant to Form 13, Section 1 of the List of Forms, Documents, and Records on Criminal Investigation issued together with Circular 119/2021/TT-BCA regulating the template for the decision to entrust the resolution of crime information:
Download the decision template here
Instructions for the Decision Template for Entrusting the Resolution of Crime Information:
(1) Judicial title of the person signing and issuing the document;
(2) Decision on the assignment of the Deputy Head of the Investigation Agency/Notification of the direct handling by the Head of the Investigation Agency;
(3) In case the above directive is amended, supplemented, or replaced, explicitly state the currently effective legal document;
(4) Clearly state the name of the Investigation Agency or the Agency entrusted to carry out certain investigative activities;
(5) Clearly state the name of the Procuracy with the authority to supervise the resolution of crime information by the entrusted agency.
Latest Decision Template for Entrusting the Resolution of Crime Information and How to Complete the Form as per the Latest Regulation
Which Investigator Should the Investigating Authority’s Investigator Assist in Compiling the Case File for Resolving Crime Information?
Pursuant to Point c, Clause 1, Article 38 of the Criminal Procedure Code 2015 as follows:
Duties, Powers, and Responsibilities of Investigators of the Investigation Agency
1. Investigators carry out the following duties and powers as assigned by the Chief Investigator:
a) Recording interrogation minutes, taking statements, and other minutes when the Chief Investigator examines and verifies crime information and investigates criminal cases;
b) Delivering, transferring, sending orders, decisions, and other procedural documents as stipulated by this Code;
c) Assisting the Chief Investigator in compiling the case file for resolving crime information, case files, and performing other procedural activities.
2. The Investigator must bear responsibility before the law, and before the Head and Deputy Head of the Investigation Agency, and the Chief Investigator for their actions.
Thus, the investigator of the investigation agency must assist the Chief Investigator in compiling the case file for resolving crime information.
Additionally, the investigator of the investigation agency also has other duties and powers:
- Recording interrogation minutes, taking statements, and other minutes when the Chief Investigator examines and verifies crime information and investigates criminal cases;
- Delivering, transferring, sending orders, decisions, and other procedural documents as stipulated by this Code;
- Assisting the Chief Investigator in compiling case files and performing other procedural activities.
And the investigator must bear responsibility before the law, and before the Head and Deputy Head of the Investigation Agency, and the Chief Investigator for their actions.
What Should the Informant Do When Summoned by the Investigation Agency to Provide Testimony Regarding a Crime?
Pursuant to Clause 2, Article 56 of the Criminal Procedure Code 2015 as follows:
Informants, Reporters of Crime, and Petitioners for Prosecution
1. Individuals reporting or informing about a crime; agencies and organizations reporting the crime or petitioning for prosecution have the right:
a) To request the authority to keep the crime report secret, to protect their life, health, honor, dignity, reputation, assets, and other legitimate rights and interests of themselves and their relatives when being threatened;
b) To be informed of the results of resolving crime reports and petitions for prosecution;
c) To lodge complaints against decisions and actions of the authority and individuals conducting proceedings in receiving and resolving crime reports and petitions for prosecution.
2. Individuals, agencies, and organizations specified in Clause 1 of this Article must comply with the summoning authority to resolve crime information, and truthfully present the details they know about the incident.
Thus, when the informant is summoned by the investigation agency to provide testimony regarding a crime, they need to truthfully present the details they know about the incident.
Additionally, the crime informant has the rights:
- To request the authority keep the crime report secret, and to protect their life, health, honor, dignity, reputation, assets, and other legitimate rights and interests of themselves and their relatives when being threatened;
- To be informed of the results of resolving the crime report;
- To lodge complaints against decisions and actions of the authority and individuals conducting proceedings in receiving and resolving the crime report.
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