Additional Actions Strictly Prohibited for Investigators and Investigation Officers

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This Draft stipulates the actions that Investigators and Investigation Officers are prohibited from performing from the date this Draft is enacted and comes into effect, including:

1. Actions that the law stipulates cadres, civil servants, or officers, soldiers of the People's Armed Forces are not allowed to perform.

2. Advising detainees, persons under temporary detention, accused persons, defendants, litigants, or other participants in legal proceedings to act contrary to legal regulations in solving cases or incidents.

3. Intervening in the resolution of cases or incidents, or exploiting one's influence to impact the person responsible for resolving cases or incidents.

4. Bringing case files, documents out of the office unless it is for an assigned task or without the consent of the authorized person.

5. Meeting with the accused, defendants, litigants, or other participants in legal proceedings in cases under one's jurisdiction outside the designated areas.

6. Unilaterally accepting and resolving information about crimes and complaints or denunciations contrary to regulations or without assignment from the Chief, Deputy Chief of the Investigation Agency.

7. Adding, removing, modifying, swapping, destroying, or damaging the case's documents, evidence, or by other means leading to distortion of the case's content.

8. Meeting accused persons, their relatives, litigants, or other participants in legal proceedings outside the Police department, except for professional requirements with the consent of the Chief or Deputy Chief of the Investigation Agency.

9. Accepting meals, gifts, money, or other benefits from accused persons, their relatives, litigants, or other participants in legal proceedings.

10. Exploiting one's professional role to meet, ask for favors, harass, or seek personal gains in any form from accused persons, their relatives, litigants, other participants in legal proceedings, and related organizations.

11. Forcing confessions, giving suggestions, or using any form of physical punishment.

12. Disclosing secrets, information, and documents of cases being investigated or verified, which are under one's authority, to individuals without responsibility in any form before being publicized legally. In cases where information needs to be provided, it must be reported and consented by the Chief or Deputy Chief of the Investigation Agency.

13. Allowing temporarily detained persons or detainees to use phones or other communication devices to contact and exchange information with others (inside or outside the Detention Center, Temporary Detention House); except in special cases to serve the investigation requirements of the case, written consent from the Chief or Deputy Chief of the Investigation Agency handling the case is required.

14. Causing inconvenience for participants in legal proceedings or citizens resulting in waiting, multiple journeys, or holding (detaining) summoned (or invited) individuals at the Police department.

Thus, if this Draft content is approved, there will be 14 absolute prohibitions for Investigators and Investigation Officers. Currently, the Regulations issued with Decision 729/1998/QD-BCA(V19) only stipulate that Investigators, officers, soldiers assigned to investigate are not to receive petitions and resolve citizens' matters at home or any place outside the Investigation Agency, except in urgent cases where citizens report crimes; and are not to accept gifts, meals with victims, suspects under investigation, or other participants in the legal proceedings of the case being investigated.

View detailed content of the Draft HERE.

Nguyen Trinh

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