Which authorities are responsible to receive crime reports in Vietnam?
Which authorities are responsible to receive crime reports in Vietnam?
Which authorities are responsible to receive crime reports in Vietnam?
Pursuant to Clause 1 Article 5 of the Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC stipulating responsibility to receive and handle crime reports and petitions for prosecution as follows:
Responsibility to receive and handle crime reports and petitions for prosecution
1. The following organizations have the responsibility to receive and handle crime reports and petitions for prosecution;
a) Investigating authorities;
b) Agencies assigned to investigate;
c) Procuracies at all levels;
d) The organizations specified in Point b Clause 2 Article 145 of the Criminal Procedure Code 2015: police authorities of communes, police stations; courts at all levels; press agencies and other organizations.
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As regulations above, when having information of crimes, anyone can report to following authorities:
- Investigating authorities;
- Agencies assigned to investigate;
- Procuracies at all levels;
- Police authorities of communes, police stations;
- Courts at all levels;
- Press agencies and other organizations.
Which authorities are responsible to receive crime reports in Vietnam? - Image from Internet
What are regulations on receipt of crime reports and petitions for prosecution in Vietnam?
Pursuant to Article 7 of the Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC stipulating receipt of crime reports and petitions for prosecution in Vietnam as follows:
Receipt of crime reports and petitions for prosecution
1. Every investigating authority and Procuracy shall have a team which operates 24/24 to receive every crime report and petition for prosecution (including those through mass media); categorize and transfer them to competent authorities for handling. The receiving authority must have a convenient location and a signboard.
b) Agencies assigned to investigate, polices authorities of communes and police stations shall assign officers in charge of receiving crime reports.
Other organizations shall assign a person to receive such information on demand.
2. Investigating authorities and agencies assigned to investigate shall record crime reports and requests for charges sent by post, by phone or other media in their logbooks. Information that is provided in person shall be written in a logbook and a record. Audio or video recording is permissible.
When a criminal turns himself/herself in, the procedures specified in Article 152 of the Criminal Procedure Code 2015 shall be followed.
As regulations above, to ensure quick and effective reception of reports and complaints, the authorities responsible for receiving reports must perform following works:
- Have a team which operates 24/24;
- Categorize and transfer them to competent authorities for handling;
- Have a convenient receiving location and a signboard;
- Record in logbook as prescribed by law.
When shall people not bear criminal responsibility for the act of misprison in Vietnam?
Pursuant to Clause 2 Article 19 of the Criminal Code in 2015 (amended by Clause 5 Article 11 of the Law on amendments to the Criminal Code in 2017) stipulating misprison as follows:
Misprision
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2. A person who fails to report the crime shall not bear criminal responsibility as prescribed in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.
3. If defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility as prescribed in Clause 1 of this Article, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.
As regulations above, a person who fails to report the crime shall not bear criminal responsibility if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender.
In addition, if defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility.
However, above entities still bear criminal responsibility when failing to report following extremely serious crimes:
(1) High treason
(2) Terrorism aimed to oppose the people's authority
(3) Espionage
(4) Infringement upon territory
(5) Rebellion
(6) Terrorism aimed to oppose the people's authority
(7) Sabotage of technical facilities of Socialist Republic of Vietnam
(8) Sabotaging implementation of socio-economic policies
(9) Sabotaging implementation of solidarity policies
(10) Making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam
(11) Disruption of security
(12) Disruption of detention facilities
(13) Organizing, coercing, instigating illegal emigration for the purpose of opposing the people's government
(14) Illegal emigration for the purpose of opposing the people's government
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