Matters to Note in Criminal Complaint Supervision in 2018

1. Regarding Citizen Reception

If there are many people petitioning at the citizen reception area, promptly report to the Institute leadership to have measures for handling. In cases where the content of the case is complex and has political elements, the Director must directly provide guidance.

2. Regarding the Receipt, Management, and Handling of Complaints

According to Clause 2, Article 469 of the 2015 Criminal Procedure Code, the Prosecutor shall not apply the provisions of Chapter XXXIII to resolve complaints related to types of documents such as:

- Indictment;- Prosecution Decision;- Decision to apply simplified procedures.

Instead, the Prosecutor must transfer complaints regarding these Decisions to the professional unit of their level or the Procuracy that issued the decision for review according to the case file, and issue a response letter if necessary.

3. For Petitions Regarding Complex Cases, at the Request of the Central Committee of the Communist Party or the National Assembly

The Director must directly supervise and guide the petitions; if the Director does not directly supervise, the Deputy Director in charge should handle them but must follow the Director's viewpoint on the petition.

If the petition becomes complex, report and seek directives from the superior Procuracy to guide the resolution, limiting the issue of petitions escalating to higher levels.

4. Review of Complaint Resolution Decisions

For applications requesting the review of legally effective Complaint Resolution Decisions that meet the conditions stipulated in Article 15 of Regulation 51, propose to the Institute leadership in charge for acceptance.

5. Supervision of Complaint and Denunciation Resolution

From January 01, 2018, the scope of persons authorized to resolve complaints and denunciations will be expanded to include the heads of agencies assigned to carry out certain investigative activities. Therefore, procuracies at all levels need to monitor the receipt and resolution of complaints and denunciations in criminal proceedings by these agencies to ensure proper supervision.

Legal Basis: Document 04/HD-VKSTC.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE