What are regulations on exercising the right to prosecute, supervise the distraint, and block accounts in Vietnam?

What are regulations on exercising the right to prosecute, supervise the distraint, and block accounts in Vietnam?

In Article 24 of the Regulation on exercise of the right of prosecution and 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 to prosecute, supervise the distraint, and block accounts as follows:

1. After receiving an order to distrain assets or an order to block an account, the procurator must closely supervise the subjects subject to the application, the grounds, conditions and competence to apply the measure of asset distraint or blockade. account clearance; content of the minutes of asset distraint and account blockade as prescribed in Articles 128 and 129 of the Criminal Procedure Code.

During the stage of prosecution and investigation, if deeming that there are sufficient grounds and conditions and it is necessary to apply measures of asset distraint and account blockade that the investigating authority has not yet applied, the procurator shall report , propose the unit leader, the Institute leader to issue a written request to the investigating agency to apply; if the investigating agency fails to do so, the procuracies shall issue orders to distrain assets, block accounts and request the investigating bodies to organize and implement them.

If the investigating authority issues an order to distrain assets or an order to block an account, which is groundless and illegal, the procuracies shall request the investigating authority to cancel such order; if the investigating authority fails to do so, the procuracies shall issue a decision to cancel.

2. During the prosecution stage, if deems that there are sufficient grounds and conditions and it is necessary to apply measures of asset distraint and account block, the procurator shall report and propose to the unit's leader or leader. Director of the Institute to decide on the distraint of assets, blockade of accounts, and at the same time request the investigating agency to cooperate in implementation.

What is exercising the right to prosecute and supervise cancellation or replacement of measures of asset distraint and account blocking in Vietnam?

In Article 25 of the Regulation on exercise of the right of prosecution and 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 to prosecute and supervise cancellation or replacement of measures of asset distraint and account blocking as follows:

1. Procurators must closely monitor each case, grounds, conditions, competence, order and procedures for canceling or replacing measures of asset distraint or account blockade as prescribed in Article 130 Criminal Procedure Code.

2. In case there are sufficient grounds to cancel the measure of asset distraint or account block of the investigating authority as prescribed in Clause 1, Article 130 of the Criminal Procedure Code, but the investigating authority does not issue a decision to cancel If not, the procurator shall report and propose to the unit's leader and the Institute's leader to issue a written request to the investigating agency to cancel; if the investigating agency fails to do so, the institute's leader shall issue a decision to cancel.

If it is deemed that it is no longer necessary to apply or it is possible to replace the measure of asset distraint or blockade of the investigation agency's account with another measure as prescribed in Clause 2, Article 130 of the Criminal Procedure Code , If the investigating authority does not issue a decision to cancel or replace it, the procurator shall report and propose the unit leader or the Institute leader to issue a document requesting the investigating authority to issue a decision to cancel or replace it. In case the investigating authority issues a decision to cancel or replace the measure of asset distraint or account block as prescribed in Clause 2, Article 130 of the Criminal Procedure Code but deems that the investigation agency's decision to cancel or replace is groundless and illegal, the procurator shall report to and propose the unit's leader or the Institute's leader to issue a written request to the investigating agency. rescind that decision; if the investigating authority fails to do so, the procuracies shall issue a decision to cancel.

3. During the stage of prosecution, investigation and decision to apply the measure of asset distraint and account block issued by the Procuracy, the procuratorate shall report and propose to the unit's leader and the procuracy's leader to issue a report to decide to cancel or replace.

During the prosecution period, the Procuracy shall decide to cancel or replace the measure of asset distraint and account freezing when having sufficient grounds as prescribed in Article 130 of the Criminal Procedure Code.

What are duties, powers and responsibilities of procurators when exercising the right to prosecute and supervise the scene examination, autopsy, experimental investigation and expertise in Vietnam?

In Article 26 of the Regulation on exercise of the right of prosecution and supervision of the filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on duties, powers and responsibilities of procurators when exercising the right to prosecute and supervise the scene examination, autopsy, experimental investigation and expertise as follows:

1. To request investigators, investigative officers or people who know about the case to provide information related to the case in need of scene examination or autopsy.

2. Procurators must supervise the members conducting and participating in the scene examination, autopsies, and experimental investigations, ensuring that they are within their competence and composition in accordance with the provisions of the Criminal Procedure Code and the provisions of the Criminal Procedure Code. other relevant legal documents.

3. To request investigators and investigative officers to seize, seal and preserve exhibits, documents, objects or electronic data related to the case for examination; make minutes, take photos, draw diagrams and other activities in accordance with the provisions of law.

4. Closely supervise the scene examination, autopsies, experimental investigation and assessment, promptly set out requirements for investigators, investigating officers, professionals, and assessors. Forensic technicians, forensic examiners collect and clarify the traces of injuries, conduct autopsies to determine the cause of death, and make preliminary conclusions about the victim's cause of death (if possible) to recover criminal investigation and search for offenders for unwarranted cases.

5. Request investigators, investigative officers, professionals, criminal technical experts and forensic experts to accurately determine the scope of the scene, including the main scene and the secondary scene, the fake scene of the crime, the scene is intact or has been changed; expand the scene to trace traces and tools and means of crime. Detect, describe, collect fully, honestly and objectively all traces related to crime and offenders at the scene. The procurator may record or record video with sound of the scene examination and autopsy to serve the investigation.

6. Check and compare the scene diagram, the minutes of the scene examination, the autopsy, the experimental investigation and other relevant documents with the actual scene, the current progress of the autopsy process. school, autopsy, experimental investigation to ensure accuracy, objectivity, comprehensiveness and in accordance with the provisions of law.

7. Procurators assigned to exercise the right to prosecute, supervise the scene examination, autopsy, and experimental investigation must be present from the beginning to the end, and sign the scene diagram, minutes of scene examination, autopsy and experimental investigation.

8. In all cases where the procurator does not directly exercise the right to prosecute, supervise the scene examination, autopsy, or experimental investigation, he/she must not sign the above-mentioned minutes.

Best Regards!