The Supreme People's Procuracy is seeking opinions on the Draft Process for Settling Complaints, Denunciations, Reviewing Effective Complaint Resolution Decisions, and Supervising the Settlement of Complaints and Denunciations in Judicial Activities.
Article table of contents
FULL TEXT OF THE DRAFT
When supervising the resolution of complaints and denunciations in all judicial activities, the Prosecutor's Office has the right to apply 04 measures. The application of the supervisory measures depends on each specific case and is guided as follows:
Apply the measure of requesting the competent authority to issue a document to resolve the complaint or denunciation when
- Receiving a complaint or denunciation form where the competent authority does not resolve the complaint or denunciation within the legally prescribed time limit;- Upon the request of the competent State agency along with the complaint or denunciation form;- There are grounds to determine that the competent authority is responsible for resolving the complaint or denunciation but does not issue a resolution document as prescribed by law.
Requesting the competent authority to review the resolution of the complaint or denunciation
- Receiving a complaint or denunciation form and there are grounds to determine that the competent authority has signs of violation in resolving the complaint or denunciation but not enough grounds to conclude a violation;- Upon the request of the competent State agency along with the complaint or denunciation form.
Requesting the competent authority to provide the dossier and documents for resolving the complaint or denunciation
- Receiving a complaint or denunciation form and upon studying the content of the form, detecting signs of violation by the competent authority in resolving the complaint or denunciation;- Upon the request of the competent State agency along with the complaint or denunciation form;- Upon receipt of a resolution document regarding a complaint or denunciation and there are grounds to determine that the competent authority has signs of violation in resolving the complaint or denunciation.
Direct supervision
- Receiving a complaint or denunciation form and researching to detect signs of violation by the competent authority in resolving the complaint or denunciation;- Upon the request of the competent State agency along with the complaint or denunciation form;- There are grounds to determine that the competent authority has signs of violation in resolving the complaint or denunciation.
