Handling Complaints about Criminal Procedural Decisions in the People's Public Security Forces

03:58, 10/07/2024

This is an important content of Circular 68/2013/TT-BCA issued by the Ministry of Public Security guiding the handling of complaints, recommendations, and reflections; resolving complaints and managing the complaint resolution work in the People's Public Security.

Clause 4 Article 6 of Circular 68/2013/TT-BCA guides the handling of complaints regarding procedural decisions, procedural acts in criminal proceedings of agencies and persons competent to conduct proceedings within the People's Public Security as follows:

Handling complaints about procedural decisions, procedural acts in the People's Public Security, Circular 68/2013/TT-BCA

Illustration (source: internet)

- Complaints about procedural decisions and acts of investigators, Deputy Heads, and Heads of investigative agencies are handled according to the provisions of Article 329 of the Criminal Procedure Code 2003;- Complaints about the investigation conclusion of the Deputy Head of the investigative agency shall be transferred to the Head of the same level investigative agency for resolution. In case of complaints about the investigation conclusion of the Head of the investigative agency, they shall be transferred to the People's Procuracy of the same level for resolution;- Complaints about procedural decisions and acts of persons competent to conduct certain investigative activities within the People's Public Security are handled according to the provisions of Article 332 of the Criminal Procedure Code 2003;- Complaints related to the application of measures of arrest, temporary detention, and temporary custody are handled according to the provisions of Article 333 of the Criminal Procedure Code 2003.

However, if the petition contains multiple contents, related to various sectors, involving multiple levels of authority to resolve within the People's Public Security, of which one content is a complaint, the handling officer shall base on the authority to resolve complaints stipulated by the Law on Complaints 2011, Decree 75/2012/ND-CP and Circular 68/2013/TT-BCA to propose transferring the complaint content to the Head of the competent agency or unit of the Public Security for resolution according to the sequence and procedures for resolving complaints; other contents shall be proposed to be transferred to the Head of the competent agency or unit of the Public Security for resolution according to legal regulations.

For details, see Circular 68/2013/TT-BCA effective from March 1, 2014.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn