According to regulations, what are activities of the Procurator during the autopsy in Vietnam?

According to regulations, what are activities of the Procurator during the autopsy in Vietnam?

In Article 33 of the Regulation on exercise of the right of prosecution and supervision of the filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are regulations on activities of the Procurator during the autopsy are as follows:

1. During the autopsy, the procurator must request the investigator, forensic expert, and criminal technical expert to take pictures and fully describe the traces left on the corpse, collect and preserve specimens, serve the examination to determine the cause of death or trace the victim's whereabouts.

The procurator must record and describe fully, accurately, clearly and specifically the traces left on the corpse as a basis for consideration and comparison with the autopsy report.

2. If it is found that the autopsy is incomplete, violating the provisions of Article 202 of the Criminal Procedure Code, the procurator shall request the investigator, forensic examiner, and criminal technical expert to supplement supplement, remedy; in case of failure or incomplete implementation, the procurator's opinions are required to be recorded in the examination record and reported to the unit's leader, the Institute's leader.

3. In case the body must be exhumed, the procurator must supervise the order and procedures, and ensure that the exhumation of the body for autopsy complies with the provisions of Article 202 of the Criminal Procedure Code and other legal documents.

What are activities of the Procurator after the autopsy is over in Vietnam?

In Article 34 of the Regulation on exercise of the right of prosecution and supervision of the filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are regulations on activities of the Procurator after the autopsy is over as follows:

After the post-mortem examination is completed, the procurator must record information in the examination acceptance book, and immediately report in writing and propose views to the unit's leader and the Institute's leaders on the results of the autopsy. post-mortem examination, the procurator's requests are not fulfilled by investigators, forensic experts, or criminal technical experts (if any) in order to give instructions.

The procurator must immediately draft the initial report and submit it to the unit leader, the leader of the Institute to send to the superior procuracies according to the regulations of the branch.

What are regulations on exercising right of prosecution and supervision of the expertise in Vietnam? 

In Article 36 of the Regulation on exercise of the right of prosecution and supervision of the filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising right of prosecution and supervision of the expertise as follows:

1. The procurator must supervise the expertise solicitation by the investigating authority in order to ensure that the contents of the expertise solicitation are specific, clear and appropriate to the facts and matters requiring conclusions. In case of necessity, the case or incident requires expertise solicitation, the procurator shall take the initiative in coordinating with the investigator and investigating officer to agree on the contents of the expertise solicitation before soliciting; when there is an assessment conclusion, it is necessary to coordinate in checking and evaluating all results and make a record to keep the inspection file.

Procurators must promptly study dossiers and documents to detect contents that require expertise, cases in which expertise is required as prescribed in Article 206 of the Criminal Procedure Code , and other necessary cases. must solicit expertise as prescribed in Joint Circular No. 01/2017/TTLT-VKSNDTC-TANDTC-BCA-BTP dated December 13, 2017 of the Supreme People's Procuracy, Supreme People's Court, Ministry of Public Security The Ministry of Justice and the Ministry of Justice stipulate cases where it is necessary to solicit judicial expertise in the settlement of corruption and economic cases but have not yet been solicited for expertise to report and propose to leaders of the unit, the Institute's leadership issued a written request to the investigating authority to decide to solicit expertise according to the provisions of Article 205 of the Criminal Procedure Code.

In case the procurator attends the expertise, he/she must notify the expert in advance in accordance with Article 209 of the Criminal Procedure Code.

2. If it is found that the contents of the expert examination conclusion are unclear or incomplete, or new issues need to be assessed related to the circumstances of the case or case which have been concluded previously, the procurator must promptly report and propose to the unit's leader and the Institute's leader to issue a written request to the investigating authority to solicit additional expertise according to the provisions of Article 210 of the Criminal Procedure Code.

If it is suspected that the first-time assessment conclusion is incorrect or there is a difference between the first-time assessment conclusion and the re-examination conclusion on the same assessment content, the procurator shall report and propose the application's leader. The head of the Institute shall issue a written request to the investigating authority to solicit re-examination or re-examination for a second time according to the provisions of Article 211 of the Criminal Procedure Code.

If it is necessary to clarify the contents of the assessment conclusions, the procurator shall report to and propose the leaders of the units or the Institute to request the investigating authority to request the organizations or individuals that have conducted the inspection. To decide to explain expertising conclusions, to ask more experts about necessary details as prescribed in Article 213 of the Criminal Procedure Code.

If detecting that the expert is subject to the refusal or change according to the provisions of Clause 5, Article 68 of the Criminal Procedure Code, the procurator shall report and propose the unit leader or the head of the Institute to issue a document to request the investigating authority to solicit expertise to change the expert.

3. The procurator shall report to and propose to the unit leader or the Institute leader to issue a decision to solicit expertise in one of the following cases:

a) During the prosecution stage, the procuracies shall directly handle denunciations and reports on crimes and petitions for prosecution;

b) During the investigation stage, the Procuracy has requested the investigating authority to issue a decision to solicit expertise, but the investigating authority does not do so, and without the expertise, there is not enough evidence to prove the offense, the nature, extent and damage caused by the offense;

c) During the prosecution period, if deemed necessary.

4. In case the procuracies have solicited expertise but find that it is necessary to conduct additional assessment, re-examination, re-examination for the second time or need clarification of the contents of the expertising conclusions, the provisions of Clause 2, this Article shall be complied with. 

5. Procurators must closely monitor the time limit for sending the decision to solicit expertise, the time limit for the assessment and the time limit for sending the assessment conclusion, ensuring compliance with the provisions of Articles 205, 208 and 213 of the Criminal Procedure Code.

Best Regards!