Official Dispatch 5024 Explaining 44 Issues Regarding Regulations of the Criminal Procedure Code by the Supreme People's Procuracy

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 All 44 solutions to issues related to the provisions of the CPC 2015

To unify the understanding of the provisions of the Criminal Procedure Code 2015 in the People's Procuracy sector, facilitating the application, improving the quality, and efficiency of work, the Supreme People's Procuracy provides guidance and answers some basic issues. For example, some guidelines are as follows:

First, what is meant by "serious infringement upon the lawful rights and interests of the participants in the proceedings" as stipulated in point o clause 1 Article 4 of the CPC 2015:

Regarding this issue, the Supreme People's Procuracy cited clause 1 Article 2 of Circular 02/2017/TTLT-VKSNDTC-TANDTC-BCA-BQP to answer. Serious infringement upon the lawful rights and interests of the participants in the proceedings means directly affecting the legitimate rights and interests of the participants in the proceedings, potentially causing them material and spiritual harm.

Second, in what cases does the Procurator exercise the right to summon and interrogate the accused as stipulated in point g clause 1 Article 42 of the CPC 2015?

The Supreme People's Procuracy answers as follows:

- During the investigation stage: According to the provisions of clause 4 Article 183 of the CPC 2015, Article 28 of the Temporary Regulation on the exercise of the right to prosecute, supervise the prosecution, investigation, and prosecution promulgated together with Decision 03/QD-VKSTC, the Procurator will summon and interrogate in the following cases:

- The accused claims innocence;- The accused complains about investigative activities;- There are grounds to determine that the investigation violates the law;- When requested by the competent investigation agency;- Documents, evidence are conflicting or unclear;- The statements of the accused are inconsistent, sometimes confessing, sometimes denying guilt;- There are grounds to doubt the authenticity of the accused's statements or in cases where the accused is prosecuted for particularly serious crimes and other cases deemed necessary.

- During the prosecution stage: According to the provisions of clause 3 Article 236 of the CPC 2015, Article 46 of the Temporary Regulation on the exercise of the right to prosecute, supervise the prosecution, investigation, and prosecution promulgated together with Decision 03/QD-VKSTC, the Procurator will summon and interrogate the accused in the following cases:

- When it is necessary to check, supplement documents, evidence to decide on prosecution;- When the court requests an additional investigation of documents, evidence but considers it unnecessary to return the files to the investigative agency.

Third, does the Inspector have the independent right to record minutes of taking statements, interrogation minutes, and other minutes in criminal proceedings?

According to the guidance of the Supreme People's Procuracy in Official Dispatch 5024, the activities of the Inspector must be associated with the activities of the Procurator. The Inspector is only allowed to record minutes when the Procurator directly takes statements, interrogates, and carries out other criminal procedural activities. In such cases, both the Inspector and the Procurator must sign the minutes.

Thanh Lam

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