To ensure the rights of citizens during the investigation phase of a criminal case, the Code of Criminal Procedure 2015 has stipulated that citizens have the right to invite a lawyer before the investigating agency issues a decision to prosecute the accused.
The Prime Minister of the Government of Vietnam has just signed Decision No. 1359/QD-TTg promulgating the Plan for the Implementation of the Penal Code (BLHS), replacing Decision No. 272/QD-TTg with the following main contents:
Law No. 12/2017/QH14 amends the 2015 Penal Code to add two crimes (Embezzlement and Bribery) that are not subject to statutory limitations for enforcement of judgments starting from January 1, 2018.
The 2015 Penal Code, effective on July 01, 2015, stipulates that relatives concealing a crime are not subject to criminal liability, except in cases of concealing crimes that infringe upon national security or other particularly serious crimes as prescribed in Article 398 of this Code.
In current judicial practice at the Court, only males are prosecuted for the Crime of Rape. Thus, under the current legal provisions, can a woman be a subject of the crime of rape?
On September 19, 2017, the Supreme People’s Court of Vietnam issued Resolution 05/2017/NQ-HDTP (effective from January 1, 2018) regarding the list of 60 templates to be used during the trial phase of criminal cases, reconsideration of legally effective judgments and decisions of the Criminal Procedure Code. To be specific:
August 9, 2017, the Supreme People's Procuracy of Vietnam issued Official Dispatch 3010/VKSTC-V14 guiding the implementation of certain provisions in Resolution 41/2017/QH14 on the enforcement of the 2015 Criminal Code.
Circular 61/2017/TT-BCA stipulates the forms, papers, and books on criminal investigation, issued by the Ministry of Public Security of Vietnam on December 14, 2017. Notably, the list includes 284 forms, papers, and books on criminal investigation, which are to be used starting from January 1, 2018.
When supervising the adjudication of criminal cases, the Prosecutor has the authority to sign under commission, sign under authorization certain documents as assigned by the Head of the Procuracy at various levels. To know specifically which documents fall under the authority of the Prosecutor to sign, one may refer to the summary table below.
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