What is the latest form of the Decision to press criminal charges? Which agency has the authority to press criminal charges in Vietnam?
- What is the latest form of the Decision to press criminal charges in Vietnam?
- What are the signs of criminal activities for criminal charges in Vietnam?
- Which agency has the authority to press criminal charges in Vietnam?
- What are the regulations on decision to press criminal charges in Vietnam?
- How to settle disputes over the authority to process denunciations, criminal information disclosed and requisitions for charges in Vietnam?
What is the latest form of the Decision to press criminal charges in Vietnam?
Form of Decision to press criminal charges is Form 60-HS issued together with Resolution 05/2017/NQ-HDTP. Below is an image of a sample of a Decision to press criminal charges:
Download the latest Form of Decision to press criminal charges: here.
What is the latest form of the Decision to press criminal charges? Which agency has the authority to press criminal charges in Vietnam? (Image from the Internet)
What are the signs of criminal activities for criminal charges in Vietnam?
Pursuant to Article 143 of the Criminal Procedure Code 2015 stipulates 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.
Which agency has the authority to press criminal charges in Vietnam?
Pursuant to Article 153 of the Criminal Procedure Code 2015, the authority to press criminal charges is as follows:
- 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.
- Units assigned to investigate shall make decisions on pressing criminal charges in the events as defined in Article 164 of this Law.
- 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 are the regulations on decision to press criminal charges in Vietnam?
Pursuant to Article 154 of the Criminal Procedure Code 2015, the decision to press criminal charges is as follows:
- 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.
- 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.
How to settle disputes over the authority to process denunciations, criminal information disclosed and requisitions for charges in Vietnam?
Pursuant to Article 150 of the Criminal Procedure Code 2015, which stipulates the Settlement of disputes over the authority to process denunciations, criminal information disclosed and requisitions for charges as follows:
- The immediate superior Procuracy shall settle disputes over the authority to process denunciations, information and requisitions. The competent Procuracy shall settle disputes over the authority to process denunciations, information and charge requests among units assigned to investigate.
- The Supreme People’s Procuracy or the Central military procuracy shall settle disputes over the authority to process denunciations, information and charge requests among provincial investigation authorities or among military investigation units in military zones, respectively.
The provincial People’s Procuracy or Military procuracy related to the authority or military zone that first receive denunciations, information and charge requests shall settle disputes over the authority to process denunciations, information and charge requests among district investigation authorities from various provinces or centrally-affiliated cities or among military investigation units from different military zones.
- The head of the Supreme People’s Procuracy shall settle disputes over the authority to process denunciations, information and charge requests among investigation units of the people's police force, People’s Army and Supreme People’s Procuracy.
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