What are 04 cases of the People's Procuracy issuing a decision to prosecute a criminal case in Vietnam?

What are 04 cases of the People's Procuracy issuing a decision to prosecute a criminal case in Vietnam?

In which cases shall the People's Procuracy issues a decision to prosecute a criminal case in Vietnam? Thank you!

Answer:

Pursuant to Clause 3 Article 153 of the Criminal Procedure Code in 2015, the procuracy makes decisions on pressing criminal charges in the following events:

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

- The procuracy directly processes denunciations, information and requisitions;

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

- The Trial panel decides to press charges or request the procuracy to press criminal charges if omission of crimes is detected during the trial.

What are 04 cases of the People's Procuracy issuing a decision to prosecute a criminal case in Vietnam? - Image from Internet

What issues need to be proved in a criminal case in Vietnam?

I have a question: What issues need to be proved in a criminal case in Vietnam? Thank you!

Answer:

Pursuant to Article 85 of the Criminal Procedure Code in 2015, competent procedural authorities, when investing, prosecuting and hearing criminal lawsuits must attest:

- The existence of the crime, time, space and facts of the crime;

- The perpetrator of the crime; the presence of guilt, intentional or unintentional acts; the existence of criminal capacity; purposes and motive of the crime;

- Facts aggravating and mitigating criminal liabilities of suspects, defendants and identity traits of suspects and defendants;

- Nature and severity of damages caused by the crime;

- Reasons and conditions leading to the crime;

- Other facts in connection with the exclusion or exemption of criminal liabilities and impunity.

In what cases can the investigating agency merge cases into one for investigation in Vietnam?

My name is Hoang Hieu, a student at the People's Police Junior College 3. Recently, I participated in a course on criminal law. I found it very interesting, but I still have a question. When can the investigating agency merge cases into one for investigation? I would appreciate your help.

Answer:

Pursuant to Clause 1 Article 170 of the Criminal Procedure Code in 2015, investigation authorities can join multiple issues for intra vires investigation of a single case in one of the following events:

a) The suspect commits multiple crimes;

b) The suspect commits a crime in multiple times;

c) Several suspects commit one crime, or accomplices and accessories who conceal or fail to report the suspect or use property obtained by crime.

Therefore, if they fall under any of the above cases, the investigation can be merged to conduct the investigation under the same jurisdiction in the same case.

Note: The decision to merge or separate cases must be sent to the People's Procuracy at the same level within 24 hours of the decision. In case of disagreement with the decision to merge or separate cases of the Investigative Agency, the People's Procuracy shall issue a decision to cancel and state the reason.

Best regards!