Exercising the power to prosecute: Basic function of people’s procuracies of Vietnam

1. The nature of the People's Procuracy's function of exercising the power to prosecute

According to Clause 1 Article 3 of the Law on Organization of People’s Procuracies 2014 of Vietnam, exercising the power to prosecute means an activity of people’s procuracies in criminal procedure to make the State’s accusation against offenders. The power to prosecute shall be exercised right upon the settlement of reports and information on crimes and recommendations for prosecution and throughout the course of institution, investigation, prosecution and adjudication of criminal cases.

2. Contents of exercising the power to prosecute

During criminal proceedings, activities of exercising prosecutorial power include:

- Prosecute the accused: To get a decision to prosecute the accused, the prosecution agency must prosecute the case and investigate and verify;

- Prosecute the accused before the court on the basis of the investigation results of the case and prove the offender;

- Charge the defendant and defend the charge before the trial by announcing the indictment, participating in questioning, presenting the impeachment and arguing before the trial court; If the case is appealed or protested, be present to participate in the questioning and present conclusions about the appeal or protest before the appellate court.

3. Scope of exercising the power to prosecute

According to Clause 1 Article 3 of the Law on Organization of People’s Procuracies 2014 of Vietnam, exercising the power to prosecute means an activity of people’s procuracies in criminal procedure to make the State’s accusation against offenders. The power to prosecute shall be exercised right upon the settlement of reports and information on crimes and recommendations for prosecution and throughout the course of institution, investigation, prosecution and adjudication of criminal cases. People’s procuracies shall perform the function of exercising the power to prosecute through the following activities:

- Exercising the power to prosecute in the settlement of reports and information on crimes and recommendations for prosecution;

- Exercising the power to prosecute during the stage of institution and investigation of criminal cases;

- Exercising the power to prosecute during the stage of prosecution against offenders;

- Exercising the power to prosecute during the stage of adjudication of criminal cases;

- Investigating some types of crime;

- Exercising the power to prosecute in mutual judicial assistance in criminal matters.

4. The meaning of the practice of prosecutorial power

From the nature, content, and scope of exercising the power to prosecute, it can be seen that the People's Procuracy's exercise of prosecutorial power aims to ensure:

- All offenses and offenders shall be detected, charged, investigated, prosecuted and adjudicated in a prompt, strict, accurate, fair and lawful manner, neither let injustice be done on the innocent nor omit offenses and offenders;

- No person will be charged with an offense, arrested, held in custody or temporary detention or have their human rights or citizens’ rights restricted in contravention of law.

- The criminal prosecution of the accused must be well-founded and lawful.

This is the content of Clause 2 Article 3 of the Law on Organization of People’s Procuracies 2014 of Vietnam.

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