Does the People's procuracy have the right to issue decisions on pressing criminal charges in Vietnam?

Does the People's procuracy have the right to issue decisions on pressing criminal charges in Vietnam? How long does it take for the People's Procuracy to send decision to press criminal charges to competent investigation authorities in Vietnam?

Regarding criminal law, please ask for above 02 information.

1. Does the People's procuracy have the right to issue decisions on pressing criminal charges in Vietnam?

Pursuant to Clause 3, Article 153 of the Criminal Procedure Code 2015 provides for the above content as follows:

3. The procuracy makes decisions on pressing criminal charges in the following events:

a) The procuracy decides to rescind a decision not to press criminal charges from investigation authorities or units assigned to investigate;

b) The procuracy directly processes denunciations, information and requisitions;

c) The procuracy directly exposes signs of crime or respond to a requisition for charges by the Trial panel.

Therefore, the Procuracy still has the right to make decisions on pressing criminal charges if it falls into the above case in Vietnam.

2. How long does it take for the People's Procuracy to send decision to press criminal charges to competent investigation authorities in Vietnam?

Pursuant to Clause 2, Article 154 of the Criminal Procedure Code 2015 provides for the above content as follows:

2. The procuracy, in 24 hours upon its decision to press criminal charges, shall send such decision to competent investigation authorities that carry out investigative activities.

Investigation authorities and units assigned to investigate, in 24 hours upon their decision to press criminal charges, shall deliver such decision and relevant documents to the competent Procuracy that administers the charges.

A Court, in 24 hours upon its decision to press criminal charges, must have such decision and relevant documents delivered to the equivalent Procuracy.

According to this Article, within 24 hours after issuing a decision to press criminal charges, the procuracies must send that decision to competent investigation authorities for investigative activities in Vietnam.

Best Regards!

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