What are law regulations on exercise of the right to prosecute, control the application of bail or surety in Vietnam?

What are law regulations on exercise of the right to prosecute, control the application of bail or surety in Vietnam?

In Article 18 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of the right to prosecute, control the application of bail or surety as follows:

1. Within 03 days from the date of receipt of the decision on bail or the decision on surety, the request for consideration and approval and other relevant documents on the bail or deposit to secure the bail. As a security, the procurator must inspect the grounds, conditions, competence, bail period, and deposit money for security according to the provisions of Article 121 or Article 122 of the Criminal Procedure Code and Joint Circular No. 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC dated August 7, 2018 of the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Supreme People's Procuracy and Court The Supreme People's Court shall detail the order, procedures, deposit level, custody, return, confiscation and payment to the state budget the amount set for security, report to the unit leaders, and propose to the leaders of the units. The Institute's leadership considers and decides to approve or not to approve the decision on the bail or the decision on the surety.

In case the accused has been applied a security measure or deposited money for security but violates his obligations, the procuracies shall decide to apply the measure of temporary detention to the accused.

2. During the prosecution period, if there are grounds to replace the temporary detention measure with a security measure or deposit money as security, the procurator shall report and propose the unit's leader or the Institute's leader to consider and decide determined.

What are regulations on exercise of the right to prosecute and control the application of measure of prohibition from leaving the place of residence in Vietnam?

In Article 19 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of the right to prosecute and control the application of measure of prohibition from leaving the place of residence is prescribed as follows:

1. After ratifying the decision to prosecute the accused, if the investigating authority applies the measure of banning leaving the place of residence to the accused, the procurator must inspect the grounds, conditions and competence, the time limit and the notification of the application of the measure of prohibition from leaving the place of residence for the accused by the investigating authority. If detecting that the investigating authority's ban on leaving the place of residence is unfounded, the procurator shall report and propose the unit's leader or the Institute's leader to issue a written request to the investigating authority to cancel the order. If the investigating authority fails to do so, the procurator shall report and propose to the unit leader or the Institute leader to issue a decision to cancel the ban on leaving the residence of the investigating authority.

In case the accused is found to have violated the obligations specified in Clause 2, Article 123 of the Criminal Procedure Code, the procurator shall report and propose the unit leader or the Institute leader to issue a written request to the agency. The investigating authority revoked the ban on leaving the place of residence and ordered the arrest of the accused for temporary detention.

2. During the prosecution stage, if there are grounds and deems it necessary, the procurator must report to and propose the unit's leader or the Institute's leader to consider and decide to apply the measure of prohibition from leaving the place of residence for the accused according to the provisions of Article 123 of the Criminal Procedure Code.

If the defendant has been decided to apply the measure of banning from leaving the place of residence but violates the obligation to make an undertaking, the procurator shall report and propose unit leaders, Institute leaders to consider canceling the ban on leaving the place of residence and ordering the arrest of the accused for temporary detention.

What are regulations on exercise of the right to prosecute and control suspension of exit Vietnam?

In Article 20 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of the right to prosecute and control suspension of exit Vietnam as follows:

1. Immediately after receiving the notice of the investigation agency's decision on suspension of exit, the procurator must inspect the grounds, authority and time limit for the suspension of exit. If deeming that the investigation agency's decision to suspend exit has no basis, the procurator shall report and propose the unit's leader or the Institute's leader to issue a written request to the investigating agency to cancel the temporary decision. delay exit. If the investigating agency fails to do so, the procurator shall report and propose to the unit leader or the institute leader to issue the decision of the investigating agency to suspend exit according to the provisions of Articles 41 and 5, Article 165 of the Criminal Procedure Code. If there are grounds to determine that the accused has shown signs of fleeing abroad but the investigating authority does not issue a decision to suspend exit, the procurator shall report and propose the unit leader or the Institute leader to issue a document. request the investigating agency to issue a decision to suspend exit. If the investigating agency fails to do so, the procurator shall report and propose to the unit leader or the institute leader to issue a decision to suspend exit and immediately send it to the investigation agency and the immigration management agency.

2. During the prosecution period, if there are grounds and deems it necessary, the procurator shall report to and propose the unit's leader or the Institute's leader to issue a decision to suspend exit for the persons prescribed in Clause 1, Article 124 of the Criminal Procedure Code. In this case, the time limit for suspension of exit must not exceed the time limit for deciding the prosecution.

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