Can the Investigative Agency of the People's Police Investigate All Crimes?

Can the Investigation Agency of People's Public Security investigate all crimes?

Question: Please let me know if the Investigation Agency of the People's Public Security can investigate all crimes?

Answer:

Based on Clause 1, Article 163 of the 2015 Criminal Procedure Code, the provisions are as follows:

The Investigation Agency of the People's Public Security investigates all crimes, except for crimes under the jurisdiction of the Investigation Agency within the People's Army and the Investigation Agency of the Supreme People's Procuracy.

Thus, not all crimes fall under the jurisdiction of the Investigation Agency of the People's Public Security, those under the jurisdiction of the Investigation Agency within the People's Army and the Investigation Agency of the Supreme People's Procuracy are excluded.

Can a person accused by the police of intentionally causing injury leave the country?

Question: My brother is currently being accused by the police of fighting and intentionally causing injury to another person. Now he is preparing to go abroad, can he go?

Answer:

As per Clause 1, Article 124 of the 2015 Criminal Procedure Code, regulations on temporary exit suspension are as follows:

A temporary suspension of exit can be applied to the following individuals if there is a basis to believe their exit shows signs of flight:

- The accused, recommended for prosecution, upon verification, is found to have sufficient basis for suspicion of committing a crime and it is deemed necessary to immediately prevent them from fleeing or destroying evidence;

- The accused and defendants.

Therefore, if your brother is accused by the police of intentionally causing injury and upon verification, there is sufficient basis to identify him as a suspect and it is deemed necessary to immediately prevent him from fleeing or destroying evidence, a temporary exit suspension can be applied to him.

Do commune police have the authority to temporarily seize weapons from others?

Question: In the field of criminal law, when someone is caught in the act of committing a crime and possesses a weapon, do commune police have the authority to temporarily seize their weapon upon arrest?

Answer:

Based on Clause 3, Article 111 of the 2015 Criminal Procedure Code, the provisions are as follows:

- Anyone has the right to seize weapons, dangerous tools from persons caught in the act of committing a crime.

- In cases where commune, ward police, commune-level town, and police station discover and arrest someone caught in the act of committing a crime, they seize, temporarily detain the weapon, dangerous tools and preserve related documents, objects, prepare a record of arrest, obtain initial statements, and protect the scene in accordance with the law; immediately transfer the arrestee or report immediately to the competent Investigation Agency.

Therefore, in cases where someone is caught in the act of committing a crime, commune police have the authority to temporarily seize related weapons from them during the arrest.

Respectfully!