What are the presiding authorities authorized to institute proceedings in Vietnam? - Minh Khanh (Dong Nai)
Article table of contents
What are the presiding authorities authorized to institute proceedings in Vietnam? (Internet image)
1. What are the presiding authorities authorized to institute proceedings?
Presiding authorities authorized to institute proceedings according to Clause 1, Article 34 of the Criminal Procedure Code 2015 include:
1.1. Investigation agency
* The investigation agency can be understood as the agency conducting proceedings, which is responsible for applying all measures prescribed by the Criminal Procedure Code and investigating all crimes that occur within its authority.
* According to Article 4, Article 5, Article 6 and Article 7 of the Law on Organization of People's Courts 2015, the investigation agency includes the following agencies:
(1) Investigation Agency of the People's Police:
- Security Investigation Agency of the Ministry of Public Security; Security Investigation Agency of provinces and centrally run cities.
- Police Investigation Agency of the Ministry of Public Security; Police Investigation Agency of provinces and centrally run cities;
Police investigation agencies of districts, towns, provincial cities, and centrally run cities.
(2) Investigation Agency in the People's Army:
- Security Investigation Agency of the Ministry of National Defense; Security Agency investigates military zones and equivalent.
- Criminal Investigation Agency of the Ministry of National Defense; Criminal investigation agencies of military zones and equivalent; Regional criminal investigation agency.
(3) Investigation Agency of the Supreme People's Procuracy:
- Investigation agency of the Supreme People's Procuracy.
- Investigation agency of the Central Military Procuracy.
1.2. Procuracy
* According to Article 2 of the Law on Organization of People's Courts 2015, the People's Procuracy is the agency that exercises the right to prosecute and supervise judicial activities of the Socialist Republic of Vietnam.
The People's Procuracy is responsible for protecting the Constitution and laws, protecting human rights, civil rights, protecting the socialist regime, protecting the interests of the State, and the legitimate rights and interests of the People's Procuracy. organizations and individuals, contributing to ensuring that the law is strictly and consistently observed.
* The organizational system of the People's Procuracy according to Article 40 of the Law on Organization of People's Courts 2015 is as follows:
- People's Procuratorate of the Supreme.
- High-level People's Procuracy.
- People's Procuracy of provinces and centrally run cities.
- People's Procuracy of districts, towns, provincial cities and equivalent.
- Military Procuracy at all levels.
1.3. Court
* According to Clause 1, Article 2 of the Law on Organization of People's Courts 2015, the People's Court is the judicial agency of the Socialist Republic of Vietnam, exercising judicial power.
The People's Court is responsible for protecting justice, human rights, civil rights, the socialist regime, the interests of the State, and the legitimate rights and interests of organizations and individuals.
Through its activities, the Court contributes to educating citizens to be loyal to the Fatherland, strictly obey the law, respect the rules of social life, and be aware of the fight against crime and other violations. violate other laws.
* Regarding the People's Court system according to Article 3 of the Law on Organization of People's Courts 2015, including:
- Supreme People's Court.
- High People's Court.
- People's Courts of provinces and centrally run cities.
- People's Courts of districts, towns, provincial cities and equivalent.
- Military court.
2. Responsibilities of authorities and persons given authority to institute proceedings in Vietnam
According to Article 17 of the Criminal Procedure Code 2015, the responsibilities of authorities and persons given authority to institute proceedings are as follows:
- Competent procedural authorities and persons, when instituting proceedings, must strictly conform to the laws and shall be held liable for their actions and decisions.
- An individual violating legal regulations on emergency custody of people, arrest, imprisonment, custody, charge, investigation, prosecution, adjudication, sentence enforcement, by nature and level of such violations, shall be disciplined or face criminal charges according to the laws.
Quoc Dat
