In Vietnam: Does the investigators of criminal cases have the authority to dissect corpses and deliver by force persons?

In Vietnam: Does the investigators of criminal cases have the authority to dissect corpses?

Pursuant to Clause 1 Article 37 of the Criminal Procedure Code ìn 2015 stipulating duties, authority and responsibilities of investigators in Vietnam as follows:

Duties, authority and responsibilities of investigators

1. Investigators, as assigned to file charges and investigate criminal cases, have the following duties and authority:

a) Directly inspect, verify and document criminal information;

b) Document criminal cases;

c) Request or recommend the designation and replacement of defense counsels, interpreters and translators;

d) Summon and interrogate suspects; convene denouncers, informants, persons denounced or facing position of charges, legal representatives of juridical persons to obtain their statements; take statements from persons held in emergency custody, arrested, temporarily detained; convoke witness testifiers, crime victims and plaintiffs for their statements;

dd) Make decisions on delivering by force persons held in emergency custody, arrested, temporarily detained, suspects; escorting by force witness testifiers, persons denounced or charged, crime victims; make decisions on transferring persons under 18 to entities responsible for supervision; decide changes of supervisors of perpetrators under 18;

e) Enforce emergency custody orders, decisions or orders of arrest, temporary detainment or detention, search, seizure, withholding, distrainment of property, freezing of accounts, handling of evidences;

g) Search crime scenes, unearth and dissect corpses, examine traces on bodies, confront persons involved, facilitate identifications, conduct experimental investigations;

h) Perform other duties and authority of legal proceedings within the powers of investigation authorities as per assignments by the head according to this Law.

In your case, the investigators of criminal cases have the authority to dissect corpses for further investigation.

In Vietnam: Does the investigators of criminal cases have the authority to deliver by force persons?

Pursuant to Clause 1.dd Article 37 of the Criminal Procedure Code ìn 2015 stipulating duties, authority and responsibilities of investigators in Vietnam as follows:

Duties, authority and responsibilities of investigators

1. Investigators, as assigned to file charges and investigate criminal cases, have the following duties and authority:

...

dd) Make decisions on delivering by force persons held in emergency custody, arrested, temporarily detained, suspects; escorting by force witness testifiers, persons denounced or charged, crime victims; make decisions on transferring persons under 18 to entities responsible for supervision; decide changes of supervisors of perpetrators under 18;

As regulations above, the investigators of criminal cases have the authority to deliver by force persons held in emergency custody.

What are duties, authority and responsibilities of Investigation officers of investigation authorities in Vietnam?

Pursuant to Article 38 of the Criminal Procedure Code ìn 2015 stipulating duties, authority and responsibilities of Investigation officers of investigation authorities in Vietnam as follows:

Duties, authority and responsibilities of Investigation officers of investigation authorities

1. Investigation officers, as per assignments given by Investigators, perform the following duties and authority:

a) Record statements and interrogation in writing and make other written records upon investigators’ inspection and verification of criminal information and criminal investigation;

b) Deliver and convey orders, decisions and other documents on proceedings as per this Law;

c) Support investigators to prepare documents on criminal information, case files and perform other activities of legal proceedings.

2. Investigation officers are held liable under the laws and before the head, vice heads, investigators for their actions.

As regulations above, investigation officers, as per assignments given by Investigators, perform the following duties and authority:

- Record statements and interrogation in writing and make other written records upon investigators’ inspection and verification of criminal information and criminal investigation;

- Deliver and convey orders, decisions and other documents on proceedings as per this Law;

- Support investigators to prepare documents on criminal information, case files and perform other activities of legal proceedings.

Best regards!