06/10/2022 11:30

Vietnam: Distinguish between denunciation and accusion of crime?

Vietnam: Distinguish between denunciation and accusion of crime?

"I often hear that people use the words denunciation and accusion of crime. How to distinguish between denunciation and accusion of crime?" - Lam Minh (Ha Nam)

1. Definition of denunciation and accusion

"Denunciation” means an individual, according to the procedures prescribed by this Law, notifying a competent organization or individual of a violation committed by any organization or individual which causes or threatens to cause damage to the State interests or legitimate rights and interests of organizations and individuals (according to Clause 1 Article 2 of the Law on Denunciation 2018 of Vietnam).

Accusion refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities (according to Article 144 of the Criminal Procedure Code 2015 of Vietnam).

2. Distinguish between denunciation and accusion

 

Denunciation

Accusion

Legal grounds

Law on Denunciation 2018

Criminal Procedure Code 2015

Subject

Individuals notify violations, this is one of the civil rights

Individuals detect activities denoting crimes, this is both a right and and a duty of citizens

Oject

Law violations in all fields, regardless of the nature and severity of violations

Violations may constitute a crime. This act must have "sign of a crime" corresponding to a crime specified in the Criminal Code 2015

Competent authorities

A denunciation of violations against law committed by an official, public official or public employee during performance of his/her duties shall be settled by the head of the organization that has the power to manage such official, public official or public employee.

A denunciation of violations against law committed by the head or deputy head of an organization during performance of his/her duties shall be settled by the head of its supervisory organization.

A denunciation of violations against law committed by an official, public official or public employee under the management of multiple organizations during performance of his/her duties shall be settled by the head of the organization that manages the denounced official, public official or public employee in cooperation with the heads of relevant organizations.

A denunciation of the official, public official or public employee of the organization that has been consolidated, merged, fully divided or partially divided shall be settled by the head of such organization in cooperation with the heads of relevant organizations.

A denunciation of the official, public official or public employee of the organization that has been dissolved shall be settled by the head of the organization before the dissolution.

A denunciation of violations against law committed by an organization during its performance of duties shall be settled by the head of its supervisory organization.

Investigation authorities; Units assigned to investigate process; except for the Security Team at the police offices of districts, urban districts, towns, provincial cities and centrally run cities, which are competent to handle accusions and information about crimes according to their investigation competence.

The procuracy processes accusions, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of accusions, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.

 

Time limit

A denunciation shall be settled within 30 days from the date on which it is accepted.

Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.

Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.

Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue decision to press criminal charges; not to file criminal charges; or to suspend the processing of accusions, information and requisitions.

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, or Procuracy can sanction one extension of 02 months at most.

Legal consequency

To denounce is a citizen's right, that is, everyone can denounce or not, in some cases, if it is not necessary, there is no need to denounce. A denunciation only arises when a citizen directly or sends a denunciation to a competent agency or individual when detecting violations. If the citizen does not denounce, even if the illegal acts of other agencies or individuals are discovered, the citizen will not have to bear any responsibility.

This is the right and obligation of each citizen, so the legal relationship arises from the moment the crime has signs of occurrence. When citizens know well that a crime is being prepared, is being carried out or has been committed without accusing it, they are criminally responsible for "the crime of not accusing crime".

 

Nhu Y
73


Please Login to be able to download
Login
Register

  • Address: 17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286 (6 lines)
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;