What are regulations on exercise of right to prosecute, to control application of summary procedure in Vietnam?

What are regulations on exercise of right to prosecute, to control application of summary procedure in Vietnam?

In Article 75 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of right to prosecute, to control application of summary procedure is as follows:

1. In the course of exercising the right to prosecute, supervise investigation and prosecution, the procurator must closely inspect the grounds, conditions, competence, order and procedures for applying summary procedures as prescribed in Chapter XXXI of the Criminal Procedure Code.

2. In case the case fully meets the conditions prescribed in Article 456 of the Criminal Procedure Code, but the investigating agency fails to issue a decision to apply summary procedures, the procurator shall report and propose to the unit leader, the Institute's leadership issued a written request to the investigating authority to issue a decision to apply the summary procedure; if the investigating authority fails to do so, the head of the Institute shall issue a decision to apply the summary procedure as prescribed in Clause 9 Article 165 of the Criminal Procedure Code and immediately send that decision to the investigating authority, and concurrently assign it to the investigating authority, sent to procedure participants as prescribed in Clause 2, Article 457 of the Criminal Procedure Code.

In case the investigating authority issues a decision to apply the summary procedure but is groundless and illegal, within 24 hours after receiving the decision to apply the summary procedure, the procurator must report and propose the unit leader, the Institute leader to issue a decision to cancel the decision on application of shortened procedures of the investigating agency.

3. In case a case does not apply summary procedures at the investigation stage but moves to the prosecution stage with grounds to apply summary procedures, within 24 hours from the time when sufficient grounds are determined. Under the conditions of application of the summary procedure as prescribed in Clause 1, Article 456 of the Criminal Procedure Code, the procurator must report and propose to the unit's leader and the Institute's leader to issue a decision to apply summary procedures and deliver and send such decision to procedure participants as prescribed in Clause 2, Article 457 of the Criminal Procedure Code.

If the Procuracy's decision to apply summary procedures is complained, within 03 days from the date of receipt of the complaint, the leader of the Institute shall settle the complaint; if such complaint is grounded, the Institute's leadership shall issue a decision to annul the decision on application of summary procedures and the case shall be conducted according to general procedures; In case the complaint is groundless, the Institute's leader shall issue a written reply to the complainant.

4. Within 5 days after receiving the investigation agency's decision to prosecute and the case file, the procurator shall report to and propose the unit's leader and the Institute's leader to issue a decision to prosecute the case according to the provisions of Article 461 of the Criminal Procedure Code.

5. In the course of exercising the right to prosecute, supervise, investigate and prosecute according to summary procedures, if it is found that one of the grounds and conditions specified at Points b, c and d, Clause 1, Article 456 is no longer available, The Criminal Procedure Code or the case or the accused is temporarily suspended, the procurator shall report and propose the unit leader or the Institute leader to settle as follows:

a) Request the investigating authority to issue a decision to apply summary procedures to annul such decision; if the investigating authority fails to do so, the procuracies shall issue a decision to cancel;

b) The case at the investigation stage that the Procuracy has issued a decision to apply using simplified procedures, the Procuracy shall issue a decision to cancel;

c) In the case of prosecution, the Procuracy shall issue a decision to cancel the decision on application of summary procedures.

6. In case the Procuracy issues a decision to return the dossier for additional investigation, the head of the Procuracy shall issue a decision to cancel the decision on application of summary procedures. The settlement of the case is carried out according to general procedures.

What is exercise of right to prosecute, supervise filing of charges, investigation and prosecution of the accused commercial entity in Vietnam?

In Article 76 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are regulations on exercise of right to prosecute, supervise filing of charges, investigation and prosecution of the accused commercial entities charged with the following crimes:

Tasks, powers, responsibilities, order and procedures when exercising the right to prosecute and supervise the filing of charges, investigation and prosecution of commercial legal entities accused of crimes shall comply with the provisions of the Criminal Procedure Code, other relevant laws and the relevant provisions of this Regulation.

What is request for investigating authority to decide to apply measures to protect procedure participants in Vietnam?

In Article 77 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there is a provision on request for investigating authority to decide to apply measures to protect procedure participants as follows:

In the course of exercising the right to prosecute, supervise the filing of charges, investigate and prosecute, upon receiving a request from a criminal whistleblower, witness, victim or their relative, or deeming there If it is determined that it is necessary to apply protective measures to these persons, the Procurator shall promptly report and propose the leader of the unit or the Institute to issue a written request to the investigating agency directly accepting and settling the case or case to consider and issue a decision on application of protective measures.

Best Regards!