Guidance on handling violations by law enforcement officers in investigation and enforcement of judgments in Vietnam

Guidance on handling violations by law enforcement officers in investigation and enforcement of judgments in Vietnam (Image from Internet)

On September 18, 2024, the Central Executive Committee issued Regulation 183-QD/TW to protect agencies, organizations, and law enforcement officers in investigation, prosecution, adjudication, and enforcement of judgments in Vietnam.

Guidance on handling violations by law enforcement officers in investigation and enforcement of judgments in Vietnam

According to Article 12 of Regulation 183-QD/TW of 2024, handling of violations against law enforcement officers in investigation and enforcement of judgments in Vietnam is as follows:

Agencies, organizations, or individuals committing violations as stipulated in Article 4 of Regulation 183-QD/TW of 2024 include:

- Infringing or threatening to infringe upon the security, safety, order, reputation, and sanctity of the working offices of competent agencies, organizations in judicial and enforcement activities and locations where judicial activities and enforcement take place.

- Infringing or threatening to infringe upon the safety of assets, dossiers, documents, means, and working equipment of competent agencies and organizations in judicial activities, enforcement, and detention facilities, evidence warehouses, documents, items, and assets related to cases or matters.

- Cyberattacking, data transmission lines, seizing information, and electronic data of competent agencies and organizations in judicial activities and enforcement.

- Disclosing or leaking information about the operations of agencies, organizations, law enforcement officers in judicial activities, enforcement, affecting judicial activities or leaking information that needs to be kept confidential during protection according to Communist Party regulations, state laws in Vietnam.

- Complaining, denouncing, reflecting, spreading fabricated, false content to incite, slander, defame, malign, insult the reputation, sanctity, honor, and dignity of agencies, organizations, law enforcement officers in judicial activities, enforcement or negatively affect the position, job of law enforcement officers.

- Abusing, exploiting positions, or the influence of those in power to retaliate, suppress, negatively affect the position, job, or intervene, obstruct, affect law enforcement officers in judicial activities, enforcement to act against regulations.

- Directing, coercing, involving, enticing, bribing law enforcement officers in judicial activities, enforcement to conceal, not report, falsely report, incompletely report, not execute, or improperly execute professional processes.

- Collecting, storing, exploiting, using, providing, sharing, publicly disclosing information, intruding on data of agencies, organizations or the personal data of law enforcement officers in judicial activities, enforcement contrary to legal regulations; posting, spreading fabricated, false information, images, documents to incite, slander, defame, malign, insult the sanctity, reputation of agencies, organizations, or insult the reputation, honor, dignity of law enforcement officers in judicial activities and enforcement.

- Infringing or threatening to infringe upon the life, health, assets, and other legal rights and interests of law enforcement officers and their relatives in judicial activities and enforcement.

- Lacking responsibility, intentionally delaying leadership, directing, implementing the protection of agencies, organizations, law enforcement officers in judicial activities and enforcement.

- Other prohibited acts as stipulated by the Communist Party and state laws in Vietnam.

In case of violations of regulations on leadership, direction, and implementation of protection of agencies, organizations, law enforcement officers in judicial activities and enforcement, depending on the nature, extent, consequences, disciplinary actions, administrative violations will be penalized or criminally prosecuted according to Communist Party regulations, state laws; if damage is caused, compensation must be provided. For violations and infringements not yet regulated for handling, refer to the Communist Party Charter and the regulations of the Communist Party, state laws for appropriate handling.

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