What is relationship between exercising the right of prosecution, administering the pressing of criminal charge, investigation and prosecution and supervision of custody, detention and execution of criminal judgments in Vietnam? What is relationship between exercising the right of prosecution and administering the pressing of criminal charge, investigation and prosecution and exercising the right of prosecution and administering the trial of criminal cases in Vietnam? What is relationship between the practice of prosecutorial power, supervision of prosecution, investigation and prosecution and the work of resolving and supervising the settlement of complaints and denunciations in judicial activities in Vietnam? What is responsibility for exercising the right of prosecution, administering the pressing of criminal charge, investigation and prosecution in Vietnam?
Please advise. Thankyou.
In Article 82 of the Regulations on the exercise of right of prosecution, supervision of filing of charges, investigation, prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on relationship between exercising the right of prosecution, administering the pressing of criminal charge, investigation and prosecution and supervision of custody, detention and execution of criminal judgments as follows:
1. The unit that exercises the right to prosecute, fill of charges, investigate, prosecute regularly coordinates with the unit that supervises custody, temporary detention and execution of criminal judgments to understand the situation of detainees; their complaints, denunciations, recommendations, and reflections on the decisions and actions of persons with authority to conduct proceedings, promptly detect violations in prosecution, investigation, and prosecution activities for remediation or recommend correction.
2. Procurators exercising the right to prosecute, supervise filing of charges, investigation, prosecution must immediately copy and send orders and decisions to Procurators assigned to supervise custody, detention and judgment execution. criminal cases of refusing to approve the extension of temporary detention, temporary detention, extension of temporary detention, cancellation or replacement of temporary detention or custody measures to monitor and coordinate implementation.
In Article 83 of the Regulations on the exercise of right of prosecution, supervision of filing of charges, investigation, prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on relationship between exercising the right of prosecution and administering the pressing of criminal charge, investigation and prosecution and exercising the right of prosecution and administering the trial of criminal cases as follows:
1. In the Provincial People's Procuracy, District People's Procuracy, Military Zone-level Military Procuracy, Regional Military Procuracy, Procurators are assigned to exercise the power of prosecution and investigation the case and at the same time performing the tasks of exercising prosecutorial power and supervising first instance trials.
2. For cases in which the superior Procuracy exercises the right to prosecute and investigate, and assigns the lower-level Procuracy to exercise the right to prosecute and conduct the first instance trial, coordination is carried out according to the regulations of the Director of the Supreme People's Procuracy.
In Article 84 of the Regulations on the exercise of right of prosecution, supervision of filing of charges, investigation, prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on the relationship between the practice of prosecutorial power, supervision of filing of charges, investigation, prosecution and the work of resolving and supervising the settlement of complaints and denunciations in judicial activities as follows:
Procurators assigned to exercise the right to prosecute, supervise filing of charges, investigation, prosecution must coordinate with the procuracy unit in resolving complaints and denunciations in judicial activities to grasp and promptly report to unit leaders and Institute leaders to consider and resolve complaints and denunciations about procedural decisions and actions during the filing of charges, investigation, prosecution stages according to the provisions of the Criminal Procedure Code, provisions of other relevant laws, this Regulation and other regulations of the Chief Procurator of the Supreme People's Procuracy.
The results of resolving complaints and denunciations under the authority of the Procuracy during the filing of charges, investigation, prosecution stages must be notified to the procuracy unit regarding the settlement of complaints and denunciations in judicial activities to monitor and coordinate responses and explanations to complainants and denouncers.
In Article 86 of the Regulations on the exercise of right of prosecution, supervision of filing of charges, investigation, prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on responsibility for exercising the right of prosecution, administering the pressing of criminal charge, investigation and prosecution as follows:
1. Heads of units under the Supreme People's Procuracy, Directors of the People's Procuracy and Military Procuracy at all levels are responsible for organizing the implementation of this Regulation.
2. Assign the Department of Prosecution and Procuracy to investigate security cases to preside and coordinate with the Office of the Supreme People's Procuracy and relevant units to monitor, urge, guide and inspect the implementation of this Regulation.
3. During the implementation process, if there are any difficulties, problems or issues that need to be amended or supplemented, promptly report them to the Supreme People's Procuracy (through the Department of Prosecution and Investigation of Security Cases) to summarize and report to the Director of the Supreme People's Procuracy for consideration and decision.
Best regards!