Measures implemented during the process of handling crime reports in Vietnam

This is a notable content in Circular 28/2020/TT-BCA which stipulates the procedures for receiving, classifying, processing, and resolving denunciations, crime reports, and petitions for prosecution by the People's Public Security Force in Vietnam, issued on March 26, 2020.

Measures  applied  during  the  process  of  handling  crime  reports,  Circular  28/2020/TT-BCA

Measures implemented during the process of handling crime reports in Vietnam (Illustrative image)

Article 14 of Circular 28/2020/TT-BCA stipulates that while collecting information, documents, and objects from relevant agencies, organizations, and individuals to inspect and verify crime reports as prescribed in Clause 3, Article 147 of the Criminal Procedure Code of Vietnam, the following measures are specifically implemented:

- Summoning and taking testimonies from relevant participants to inspect and verify crime denunciations and reports, and prosecution recommendations.

- Conducting confrontations, identifications, voice recognitions, and other activities within the jurisdiction of the Investigative Agency as assigned by the Head of the Investigative Agency. Agencies assigned to conduct a number of investigative activities by the People's Public Security shall carry out their tasks within their jurisdiction as assigned by the Chief of the agency tasked with carrying out certain investigative activities in Vietnam (excluding special investigative measures stipulated in Chapter XVI of the 2015 Criminal Procedure Code).

Additionally, Article 15 of Circular 28/2020/TT-BCA also stipulates that no later than 7 days before the deadline for resolving or upon completion of the inspection and verification of crime denunciations, reports, and prosecution recommendations, the Investigator, Officer assigned to handle the case must submit a written report to their direct superior for comments before presenting it to the assigned (or authorized) Head or Deputy Head of the Investigative Agency; the Chief or Deputy Chief of the agency tasked with carrying out certain investigative activities by the People's Public Security who has been assigned (or authorized). The concluding report must clearly state the results of resolving criminal denunciations, reports, and prosecution recommendations, and specifically propose: initiating a criminal case; not initiating a criminal case; temporarily suspending the verification of crime denunciations, reports, and prosecution recommendations or extending the inspection and verification period in Vietnam (the extension of the inspection and verification period shall be carried out in accordance with Article 11 of Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC).

More details can be found in Circular 28/2020/TT-BCA, which comes into effect in Vietnam from May 15, 2020.

Le Vy

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