At present, many citizens cannot distinguish between denunciation and crime report, leading to the improper use of these two terms, which causes difficulties for state agencies when handling denunciation and crime report. So, what is the difference between these two concepts?
Article table of contents
Vietnam: Denunciation and crime report: Do not confuse the two concepts
1. Regarding the governing law in Vietnam
The legal documents regulating these two concepts are different. To be specific:
- The concept of Denunciation is regulated by the Law on Denunciation 2018: According to Clause 1, Article 2 of this Law, Denunciation is the act of an individual, following the procedures prescribed by this Law, informing a competent agency, organization, or individual about the illegal acts of any agency, organization, or individual that cause or threaten to cause damage to the interests of the State, the lawful rights and interests of agencies, organizations, and individuals, including:
+ Denunciation of illegal acts in performing tasks or official duties;
+ Denunciation of illegal acts in managing the state in various fields.
- The concept of crime report is regulated by the Criminal Procedure Code 2015. According to Clause 1, Article 144 of this Code, the crime report of a crime is an individual's discovery and reporting of criminal signs to a competent authority.
2. Subjects of Denunciation and crime report
- Subjects of Denunciation: The subject of Denunciation is an individual. The accuser must have clear name and address. The accuser is responsible before the law for the content of their Denunciation; in case of false Denunciation, depending on the severity, they can be administratively or criminally sanctioned.
- Subjects of crime report: The subject of crime report is an individual. The denouncer is someone who believes that an illegal act has occurred or may occur and, most importantly, it must "have signs of a crime". The current law also places the responsibility on the denouncer for the content of the crime report. If the denouncer intentionally makes a false report, depending on the severity, they can be subject to legal sanctions, possibly even criminal responsibility.
3. The object of Denunciation and crime report
The biggest difference between the objects of Denunciation and crime report is the nature and severity of the act.
- The illegal acts in Denunciation fall into any field, irrespective of the nature, and severity of the violation.- The illegal acts in crime report could constitute a crime. Such acts must "have signs of a crime" corresponding to a criminal offense stipulated in the Criminal Code. For example, witnessing an act of beating causing injury, using a criminal crime report form would be more accurate.
3. Authority to resolve Denunciations and crime reports in Vietnam
- Authority to resolve Denunciations:
+ Denunciation of illegal acts in performing duties or public obligations by officials and public employees is resolved by the head of the agency or organization managing those officials and public employees.
+ Denunciation of illegal acts in performing duties or public obligations by the head or deputy head of an agency or organization is resolved by the direct superior head of the agency or organization.
- Authority to resolve crime reports:
+ Investigative agencies;
+ Agencies assigned to conduct a number of investigative activities;
+ The Procuracy resolves crime reports in cases where it detects serious legal violations by investigative agencies or agencies assigned to conduct a number of investigative activities in verifying crime reports and that the Procuracy has required in writing, but after 15 days from the date the agency handling the crime report receives the request, it has not been rectified.
4. Time limit for handling Denunciations and crime reports in Vietnam
- Time limit for handling Denunciations: Prescribed in Article 30 of the Law on Denunciation 2018, specifically:
- The time limit for resolving an Denunciation is no more than 30 days from the date of acceptance of the Denunciation.- For complicated cases, the resolution time may be extended once, but no more than 30 days.- For particularly complicated cases, the resolution time may be extended twice, each time no more than 30 days.
- Time limit for handling crime reports: Prescribed in Article 147 of the Criminal Procedure Code 2015, specifically:
- Within 20 days from the date of receiving the crime report, the investigative agency must check, verify, and decide whether to initiate or not to initiate a criminal case, or temporarily suspend the resolution of the crime report.- If the denounced matter has many complicated details or requires verification at multiple locations, the resolution time can be extended, but not more than 2 months. The Procuracy may extend this period once (also not more than 2 months).
5. Legal consequences of Denunciation and crime report in Vietnam
- Legal consequences of Denunciation: Denunciation is a citizen's right, meaning people may or may not accuse, and in some cases, if deemed unnecessary, there is no need to accuse. An Denunciation only generates a legal relationship when a citizen directly or sends an Denunciation to a competent agency or individual upon discovering a violation. If a citizen does not accuse, even if the illegal act of another agency or individual is exposed, the citizen bears no responsibility.
- Legal consequences of crime report: This is a right and obligation of every citizen; therefore, the legal relationship arises right from the moment a crime shows signs of occurring. When a citizen knows clearly that a crime is being prepared, is being committed, or has been committed but does not denounce, they must bear criminal responsibility for "Failing to Report a Crime" stipulated in Article 390 of the Criminal Code 2015, amended 2017.
The above information helps citizens distinguish between Denunciation and crime report. It is hoped that citizens can grasp the essence to decide whether to file an Denunciation or a criminal crime report. Furthermore, competent authorities resolving Denunciations and crime reports can save time in sorting applications, accurately transferring them to competent agencies or individuals, avoiding errors and mistakes in resolution.
Legal Basis:
- Criminal Procedure Code 2015
- Key word:
- crime report
- denunciation
- Vietnam
