Which agency has the authority to handle requisitions for charges in Vietnam? What are the procedures for handling requisitions for charges in Vietnam?
What are requisitions for charges in Vietnam?
Pursuant to the provisions of Article 144 of the 2015 Criminal Procedure Code in Vietnam as follows:
Denunciations, 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.
According to the above provisions, 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.
Which agency has the authority to handle requisitions for charges in Vietnam? What are the procedures for handling requisitions for charges in Vietnam?
Which agency has the authority to handle requisitions for charges in Vietnam?
Pursuant to the provisions of Article 145 of the 2015 Criminal Procedure Code in Vietnam as follows:
Responsibilities and authority to receive and process denunciations, criminal information disclosed and requisitions for charges
1. All denunciations, information and charge requests must be fully acquired and processed in a timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, 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 denunciations, information and requisitions;
b) Other authorities that take in denunciations and criminal information disclosed.
3. The authority to handle denunciations, information and charge requests is given to:
a) Investigation authorities processing intra vires denunciations, information and requisitions;
b) Units assigned to investigate process denunciations and criminal information disclosed within its powers;
c) The procuracy processes denunciations, 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 denunciations, 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 denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.
According to the above provisions, the competence to settle lawsuit petitions is prescribed as follows:
- Investigation authorities processing requisitions;
- The procuracy processes 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 denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.
What are the procedures for handling requisitions for charges in Vietnam?
Pursuant to the provisions of Article 147 of the 2015 Criminal Procedure Code in Vietnam stipulating the procedures for handling requisitions for charges as follows:
(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:
- Decision to press criminal charges;
- Decision not to file criminal charges;
- 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.
Note: Competent authorities, when processing denunciations, information and requisitions, shall perform these activities:
- Collect data, documents and items from relevant authorities and entities to verify the information;
- Examine the scenes;
- Conduct autopsy;
- Requisition expert examinations and valuation.
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