15/07/2022 09:06

Differentiate between prosecuting and prosecution in criminal proceedings in Vietnam

Differentiate between prosecuting and prosecution in criminal proceedings in Vietnam

Prosecuting and prosecution are two different stages in criminal proceedings. The prosecution, which includes prosecuting the case and prosecuting the accused, is the first stage in criminal proceedings. Prosecuting is the third stage, before bringing the accused to trial at trial. These are two separate stages, but it is still very easy to confuse due to the similar wording.

 

To distinguish these two terms, it should be based on the following criteria:

Criteria

Prosecution

Prosecute

Concept

Prosecution means that a competent authority issues a decision to initiate criminal proceedings against a case with signs of a crime or to prosecute a defendant when there are sufficient grounds to determine that a person or legal entity has committed an act that the Ministry of Justice has committed. Criminal law defines it as a crime.

Prosecuting is a stage of criminal proceedings in which the procuracy conducts necessary activities to bring the accused to court for trial or to issue other procedural decisions to properly resolve the criminal case. the.

Authorization

- Investigation agency.

- Procuracy.

- Trial panel.

- Agencies of the Border Guard, Customs, Rangers, Coast Guard, Fisheries Surveillance and other agencies in the People's Public Security and People's Army are tasked with conducting a number of investigative activities. 

- Procuracy.

The procuracies of any level shall exercise the right to prosecute and supervise investigations, the procuracies of that level shall decide the prosecution. The procuracy's prosecution competence is determined according to the court's jurisdiction over the case.

Implementation time

As the first stage in criminal proceedings, in this stage the criminal justice agency will investigate and identify signs of criminals committing acts dangerous to society.

Conducted after the investigation is completed, the investigating agency shall make a conclusion of the investigation and propose the prosecution and then send it together with the case file to the procuracies of the same level to exercise the prosecution competence.

Time limit for decision

20 days from the date of receipt of denunciation, information on crime, petition for prosecution.

- In case the case being denounced, reported on crime, or proposed to prosecute has many complicated details or has to be examined and verified at many locations, the time limit for settlement of denunciation, information, or petition for initiation of criminal proceedings. may be prolonged but not more than 2 months.

- In case the inspection and verification cannot be completed within the prescribed time limit, the head of the procuracies of the same level or the director of the competent procuracies may extend the time limit once but for no more than 2 months.

20 days for less serious crimes and serious crimes, 30 days for very serious crimes and especially serious crimes from the date of receiving the case file and investigation conclusion.

- In case of necessity, the Procurator General of the Procuracy may extend the time limit for deciding the prosecution but not exceeding 10 days for less serious crimes and serious crimes, not more than 15 days for very serious crimes. serious, not more than 30 days for particularly serious crimes.

 

Work done

Criminal justice agencies conduct investigations and identify signs of criminals in committing acts dangerous to society.

The Procuracy shall take necessary measures to comprehensively and objectively evaluate the documents of the criminal case transferred by the Investigating Authority, and determine the legal grounds for making necessary decisions.

Result

The competent authority shall issue one of the following decisions:

- Initiating criminal cases;

- Not to prosecute criminal cases;

- Temporarily suspending the handling of denunciations and reports on crimes and petitions for prosecution.

The Procuracy makes one of the decisions

- Prosecute the accused before the Court;

- Return the file to request additional investigation;

- Suspend or temporarily suspend the case; suspend or suspend the case.

Legal basis

Articles 143 to 162 of the Criminal Procedure Code 2015 .

Articles 236 to 242 of the 2015 Criminal Procedure Code.

Xuan Hien
276


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