What are law regulations on the Procuracy directly handle denunciations and information on crimes and petitions for filing of charges in Vietnam?

What are law regulations on the Procuracy directly handle denunciations and information on crimes and petitions for filing of charges in Vietnam?

In Article 42 of the Regulation on the exercise of the right of prosecution, supervision of the filing of charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there is a provision on the Procuracy directly handle denunciations and information on crimes and petitions for filing of charges are as follows:

1. In case the investigating authority is found to have committed serious violations of law in the activities of inspecting, verifying denunciations and informing about crimes and proposing to prosecute, or showing signs of omission of crimes, The procurator shall report to the leader of the unit, the leader of the Institute in writing to request the competent investigating agency to remedy the violation. In case the Procuracy has requested it but the investigating authority does not remedy it, the procurator shall report to the leader of the unit, the leader of the Institute to request the investigating authority to transfer the case file to the Procuracy for settlement in accordance with the Criminal Procedure Code and other relevant laws.

2. When directly dealing with denunciations and reports on crimes and petitions for filing of charges, the assigned procurators must perform the following activities:

a) Before conducting a number of inspection and verification activities, the procurator must prepare a plan to report to the unit's leader and the Institute's leader for consideration and approval;

b) During the examination and verification, the procurator shall comply with the provisions of the Criminal Procedure Code on the grounds, competence, order and procedures for conducting inspection and verification measures. For complicated cases, the procurator may coordinate with investigators and investigating officers to conduct a number of inspection and verification activities;

c) At the end of the examination and verification, the procurator studies and evaluates evidences, documents and objects, reports to the unit's leader and the Institute's leader on the results of inspection and verification and proposes solutions. decided in accordance with the law.

3. Evidence, documents and objects collected by the procurator in the course of examination and verification must be included in the case file and kept in the control file in accordance with law.

What is exercising the right of prosecution, supervision of the results of settlement of denunciations and reports on crimes and petitions for filing of charges in Vietnam?

In Article 43 of the Regulation on the exercise of the right of prosecution, supervision of the filing of charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising the right of prosecution, supervision of the results of settlement of denunciations and reports on crimes and petitions for filing of charges are as follows:

1. Procurators must actively grasp the inspection and verification contents, the progress of denunciations and information on crimes and petitions for prosecution, and request investigators and investigating officers to provide evidences, documents and objects for inspection; promptly research, report, and propose to the leaders of the units, the leaders of the Institute to consider and decide on the settlement.

2. Procurators must closely supervise the settlement results of investigation agencies in accordance with law. At the end of the examination and verification, if the investigating authority fails to issue one of the decisions specified in Clause 1, Article 147 of the Criminal Procedure Code, the procurator must report and propose to the leader of the petition. The leader of the Institute requests the investigating authority to issue one of those decisions and attach it to the dossier for inspection of the settlement results. Within 03 days (for the case of prosecution), 02 days (for the case of no prosecution), from the date of receiving the decision and relevant documents, the procuratormust report and propose to leaders of units, leaders of the Institute for solutions according to the provisions of the Criminal Procedure Code and other relevant laws.

Within 15 days from the date of receipt of the decision to suspend the settlement of criminal denunciations and information and the petition for prosecution, enclosed with the case file of the investigating authority, if the decision is found to be grounded, the procuracies must return the dossiers to the investigating authority for settlement according to its competence.

3. The extension of time limit for settlement, suspension and resumption of settlement of criminal denunciations and information and recommendations for prosecution must comply with the provisions of Articles 147, 148 and 149 of the Criminal Procedure Code and other relevant laws.

The procuracies must monitor and manage files of cases of temporary suspension of the settlement of denunciations and reports on crimes and recommendations for prosecution, and coordinate with competent investigating agencies in reviewing, reporting and proposing Output leaders of units, leaders of the Institute promptly handle when the reason for the temporary suspension no longer exists.

Procurators must closely supervise the sending and notification of results of denunciation settlement, information on crimes and petitions for prosecution to agencies, organizations and individuals. In case of detecting violations, they must request or propose in accordance with the provisions of law.

What is exercising the right of prosecution, supervision of filing of charges of criminal cases, change or supplement decisions on filing of charges of criminal cases in Vietnam? 

In Article 44 of the Regulation on the exercise of the right of prosecution, supervision of the filing of charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising the right of prosecution, supervision of filing of charges of criminal cases, change or supplement decisions on filing of charges of criminal cases is as follows:

1. Within 03 days after receiving the decision to prosecute the criminal case and related documents, the assigned procurator must check the groundability and legitimacy of the decision to prosecute the case for consideration and handling as follows:

a) If finding that the decision to prosecute a criminal case is grounded and lawful, the decision on assignment of procurators or examiners to exercise the right to prosecution and supervision of the prosecution, investigation and prosecution shall be sent to the decision-making authority;

b) If the grounds for prosecution of the case are unclear, the agency that has issued the decision to prosecute the criminal case shall request additional documents and evidences for clarification;

c) If the decision to prosecute a criminal case is found to be unfounded, it shall report to and request the unit leader or the Institute leader to issue a written request to the agency that has issued the decision to prosecute the criminal case to annul the decision. that determination; if the agency that has issued the decision disagrees, it shall report and propose to the Institute's leadership to issue a decision to annul the decision to prosecute the criminal case according to the provisions of Clause 1, Article 161 of the Criminal Procedure Code.

2. If it is found that the crime that has been prosecuted is not consistent with the criminal act or there are other crimes that have not been prosecuted, the procurator who accepts the case shall report and propose to the unit leader, the leader of the Institute of Justice. request the agency that has issued the decision to institute a criminal case to issue a decision to change or supplement the decision to prosecute a criminal case; if the agency that has issued the decision to prosecute does not agree, it shall report to and propose the leader of the unit or the Institute to issue a decision to change or supplement the decision to prosecute the criminal case. Within 24 hours after issuing the decision to change or supplement, the procurator shall send these decisions to the agency that has issued the decision to prosecute for investigation according to the provisions of Clause 2, Article 156 of the Criminal Procedure Code.

3. If the investigating agency's decision to change or supplement the decision to institute criminal cases is unfounded, the procurator who accepts the case shall report and propose to the unit leader. , the Institute's leadership requested the investigating authority to cancel that decision. If the agency that has issued the decision to change or supplement the decision to prosecute the criminal case does not cancel, the head of the Institute shall directly issue a decision to cancel.

4. With respect to the Trial Panel's decision to institute criminal cases, the procurator accepting the case must check the groundability and legitimacy of the decision to prosecute the criminal case and report, propose unit leaders, Institute leaders to transfer the decision to prosecute the criminal case and related documents to the competent investigating agency for investigation; If the decision to prosecute a criminal case is groundless, it shall report it to the leader of the unit or the leader of the Protesting Institute in accordance with law.

Best Regards!