Does the Procuracy Have the Right to Disapprove the Decision to Prosecute of the Investigation Agency?
Based on Clause 3a, Article 3 of the Law on Organization of the People's Procuracy 2014, it provides as follows:
- When exercising the function of public prosecution, the People's Procuracy shall perform the following duties and powers:
+ Requesting the initiation of prosecution, canceling decisions to prosecute or not prosecuting a case in violation of the law, approving, or not approving the decisions to prosecute the accused by the Investigation Agency or the agency assigned to conduct a number of investigative activities; directly prosecuting cases, prosecuting accused persons in cases stipulated by the Criminal Procedure Code.
Thus, according to the above provision, it can be seen that the Procuracy has the power to not approve the decision to prosecute the accused by the Investigation Agency as stipulated.
Respectfully!