What are regulations on exercising right to prosecute and supervise application of special investigative and procedural measures in Vietnam?

What are regulations on exercising right to prosecute and supervise application of special investigative and procedural measures in Vietnam?

In Article 60 of the Regulation on the exercise of the right to prosecute and supervise the investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising right to prosecute and supervise application of special investigative and procedural measures are prescribed as follows:

1. Procurators must closely supervise the principles, grounds, conditions, competence, order, procedures, time limit for applying special investigation and procedure measures, and the use of collected information and documents. collected by special investigative and procedural methods as prescribed in Chapter XVI of the Criminal Procedure Code.

2. In case the investigating authority requests approval for the application of special investigative and procedural measures, the procurator shall request the investigating authority to provide sufficient dossiers and documents enclosed with the written request to the procuracies to approve the decision to apply special investigative and procedural measures.

After studying, the Procurator reports and proposes to the unit leader, the leader of the Institute to consider and decide to approve or not to approve the decision to apply special investigative and procedural measures.

3. Where there are grounds and deems it necessary, but the investigating authority fails to issue a decision to apply special investigation and procedure measures, the procurator shall report and propose to the unit leader or the Institute leader to issue a written request to the investigating authority to issue a decision to apply special investigative and procedural measures; if the investigating agency fails to do so, the institute's leaders shall exercise the right to make recommendations in accordance with law.

In case the case is handled and investigated by the district-level investigating agency or regional military investigation agency, which has grounds and requires special investigation and procedure measures, but the head of the investigating agency is not requesting the head of the immediate superior investigating agency to consider and decide to apply, the chief procurator of the district-level People's Procuracy or the chief procurator of the regional military procuracies shall issue a written request to the investigating authority to accept, investigate and request the immediate superior investigating agency to consider and decide on application; if this agency fails to do so, it shall report and propose to the head of the immediate superior procuracies to request the provincial-level investigation agency or military zone-level military investigation agency to consider and decide.

4. The extension of time limit for application of special investigation and procedure measures shall comply with the provisions of Clause 2, Article 226 of the Criminal Procedure Code.

5. When there are grounds to cancel the application of special investigative and procedural measures as prescribed in Article 228 of the Criminal Procedure Code, the procurator shall promptly report and propose to the unit's leader and the Institute's leaders to issue a decision to annul the decision to apply special investigative and procedural measures.

What is exercising the right to prosecute and supervise temporary suspension of investigation and pursuit of the accused in Vietnam?

In Article 61 of the Regulation on the exercise of the right to prosecute and supervise the investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising the right to prosecute and supervise temporary suspension of investigation and pursuit of the accused as follows:

1. Procurators shall closely supervise the grounds, conditions, competence, order and procedures for temporary suspension of investigation by investigating agencies, ensuring that cases of temporary suspension of investigation are carried out. in accordance with the provisions of Article 229 of the Criminal Procedure Code ; If finding that the decision to suspend the investigation is groundless and illegal, report it to the leader of the unit, the leader of the Institute to issue a decision to cancel the decision to suspend the investigation of the agency competent to investigate and request the investigating authority to resume the investigation according to the provisions of Article 235 of the Criminal Procedure Code.

2. When detecting that the accused has escaped or cannot determine where the accused is, but the investigating agency has not issued a decision on the pursuit of the accused, the procurator shall report and propose the unit leader or the Institute leader to issue a written request to the investigating authority to issue a decision to arrest the accused before temporarily suspending the investigation according to the provisions of Article 231 of the Criminal Procedure Code.

What are regulations on monitoring and managing the temporary suspension of investigation of the case and the suspension of investigation for the accused in Vietnam? 

In Article 62 of the Regulation on the exercise of the right to prosecute and supervise the investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on monitoring and managing the temporary suspension of investigation of the case and the suspension of investigation for the accused as follows:

1. Leaders of units and Institutes must assign procurators to regularly monitor and manage cases of temporary suspension of investigation. When finding that the reason for the temporary suspension is no longer available, the procurator assigned to handle the case must report and propose the unit leader or the Institute leader to issue a written request to the investigating agency to resume the investigation so that the investigation can be resumed. conduct investigation according to the provisions of Article 235 of the Criminal Procedure Code if the statute of limitations for criminal prosecution has not expired.

When a procurator assigned to handle a case that is temporarily suspended from investigation fails to continue performing his or her duties, the leader of the unit or the Institute must assign another procurator to continue monitoring the case.

2. Procuracy at all levels must assign a focal point to monitor and manage files of cases temporarily suspended from investigation; open a book to manage and monitor cases of temporary suspension and resumption of investigation; supervise the issuance of arrest warrant decisions of the investigating agency after the arrest of the accused; periodically (monthly, 03 months, 06 months, 01 year) to coordinate with investigating agencies of the same level to review, compare, classify, and agree on the proposal to handle cases of temporary suspension of investigation for reporting. The head of the procuracies of their respective levels and the immediate superior procuracies shall consider and decide. For cases of temporary suspension of investigation but the statute of limitations for criminal prosecution has expired, the investigating authority must promptly request the investigating authority to issue a decision to terminate the investigation according to the provisions of Point a, Clause 1 of Article 230, Clause 5 of Article 157 of the Criminal Procedure Code; at the same time, remove from the monitoring list of cases of suspension of investigation and decision to resume investigation.

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