What are regulations on supervision of receiving, classifying, transferring denunciations, information about crimes and recommendations for prosecution to resolve according to authority in Vietnam?

What are regulations on supervision of receiving, classifying, transferring denunciations, information about crimes and recommendations for prosecution to resolve according to authority in Vietnam?

In Article 39 of the Regulations on the exercise of the right to prosecute and supervise the filling in charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on supervision of receiving, classifying, transferring denunciations, information about crimes and recommendations for prosecution to resolve according to authority is as follows:

1. Procurators must strictly supervise the receipt and classification by competent investigative agencies of denunciations, information about crimes and recommendations for prosecution.

In case the receipt and classification of the competent investigating authority is discovered to be inaccurate, the Procurator should promptly report to the unit leader or the Institute's leadership to discuss with the competent investigating authority to correct the problem. dress.

2. The process of supervising the receipt, classification, examination and verification of denunciations, information about crimes and recommendations for prosecution from competent investigating agencies, if found not to fall within the authority, the Procurator must Report and propose unit leaders and Institute leaders to request in writing the agency that has received and is conducting inspection and verification to transfer it to the competent agency for resolution; At the same time, notify the competent Procuracy to carry out the inspection.

3. Resolution of disputes over the authority to resolve denunciations, crime reports and recommendations for prosecution is carried out in accordance with the provisions of Article 150 of the Criminal Procedure Code.

What is handling of denunciations, reports of crimes and recommendations for prosecution that have clear signs of crime and sufficient grounds to prosecute criminal cases in Vietnam?

In Article 40 of the Regulations on the exercise of the right to prosecute and supervise the filling in charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on handling of denunciations, reports of crimes and recommendations for prosecution that have clear signs of crime and sufficient grounds to prosecute criminal cases as follows:

When inspecting the receipt and classification of denunciations and information about crimes and recommendations for prosecution, if there are clear signs of crime and enough grounds to prosecute criminal cases (including cases where the perpetrator of the crime has not yet been identified) but the competent investigating authority has not yet prosecuted the criminal case, the Procurator shall report and propose to unit leaders and Institute leaders to request the competent investigating authority to Immediately decide to prosecute a criminal case.

In cases where the Procuracy directly resolves denunciations and information about crimes and recommends prosecution, if there are clear signs of crime and enough grounds to prosecute criminal cases, the Procuracy will report and propose leadership. Unit leaders and Institute leaders make decisions to prosecute criminal cases and transfer them to the Investigation Agency for investigation according to their authority.

What are requirements for inspection and verification in the exercise of prosecutorial power, supervision of filling in charges, investigation and prosecution in Vietnam?

In Article 41 of the Regulations on the exercise of the right to prosecute and supervise the filling in charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on setting up inspection and verification requirements for the exercise of the right to prosecute, supervision of filling in charges, investigation and prosecution as follows:

1. In the process of exercising the right to prosecute, supervise the reception and resolution of denunciations, information about crimes and recommendations for prosecution, in cases where it is necessary to check the authenticity of the source of information about the crime; Collect and consolidate evidence, documents and objects to clarify details related to issues that must be proven in criminal cases specified in Article 85 and Article 441 of the Criminal Procedure Code, prosecutors must promptly make requests for inspection and verification verbally or in writing. Verification check requests can be made multiple times. The written request for inspection and verification must be included in the case file and kept in the prosecutor's file.

2. Procurators must strictly supervise the handling of denunciations, crime reports and prosecution recommendations of Investigators and Investigation Officers, ensuring resolution results and inspection requirements. Verification is carried out fully, objectively and in accordance with the law. When there is a problem that requires further inspection and verification, the Procurator promptly adds inspection and verification requirements; If the Investigator or Investigation Officer requests, the Procurator is responsible for clearly explaining the content of inspection and verification requests. In case the investigating authority cannot fully comply with inspection and verification requirements for objective reasons, the prosecutor reports to the unit's leader, and the Institute's leader requests the investigating authority to clearly state the reason in the document announcing the results of handling criminal information.

Best regards!