New: Two Steps to Register for the Protection of the Legitimate Rights and Interests of Victims

To be specific, the procedures for registering to protect the rights and legitimate interests of the victim, related parties, the accused, and those suggested for prosecution are carried out in two detailed steps as specified in Circular 46/2019/TT-BCA as follows:

Illustrative image (source: internet)

Step 1: When registering to protect the rights and legitimate interests, the protector of the rights and legitimate interests of the victim, related parties, the accused, and those suggested for prosecution must present the following documents:

- Lawyers must present their Lawyer Card along with a certified copy and a letter of appointment for the lawyer to protect the rights and legitimate interests of the victim, related parties, the accused, and those suggested for prosecution;- People's defenders must present their ID Card or Citizen ID Card along with a certified copy and a document appointing the people's defender of the Vietnam Fatherland Front Committee and its member organizations;- Representatives of the victim, related parties, the accused, and those suggested for prosecution must present their ID Card or Citizen ID Card along with a certified copy and documents with confirmation from the competent authority about their relationship with the victim, related parties, the accused, and those suggested for prosecution.

Step 2: The criminal reporting desk of the Investigative Agency or the criminal reporting desk of each investigating unit (in case a common criminal reporting desk is not established), the on-duty desks of agencies assigned with investigative duties are responsible for receiving the registration dossier to protect the rights and legitimate interests.

+ Upon receiving the registration dossier, for an Investigative Agency with a common criminal reporting desk, the on-duty officer must clearly record the hour, day, month, and year of receipt in the criminal reporting log, immediately transfer it to the unit handling the case to stamp the incoming document and promptly deliver it to the assigned Investigator for case resolution.

+ For an investigating unit with a separate criminal reporting desk, the agency assigned with investigative duties, the on-duty officer must stamp the incoming document, clearly record the hour, day, month, and year of receipt, and promptly transfer it to the Investigator or Investigating Officer assigned to resolve the case.

Additionally, Investigators and Investigating Officers are responsible for receiving and checking the dossier. If the dossier ensures the above documents, within no more than 24 hours from the time of receipt, the Investigator or Investigating Officer is responsible for submitting it to the Head, Deputy Head of the Investigative Agency (when assigned or authorized by the Head), Head of the unit assigned to carry out some investigative tasks to sign the Notice on the registration to protect the rights and legitimate interests and enter it into the registration log for protecting rights and legitimate interests. If the registration dossier to protect the rights and legitimate interests does not ensure the required documents, the Investigator or Investigating Officer must inform the registrant to supplement the dossier.

In case there are grounds for refusing the registration to protect the rights and legitimate interests of the victim, related parties, the accused, and those suggested for prosecution, the agency handling the case must notify in writing and clearly state the reasons for refusal to the protector of the rights and legitimate interests of the victim, related parties, the accused, and those suggested for prosecution.

See additional regulations at Circular 46/2019/TT-BCA effective from December 2, 2019.

Thu Ba

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