Highlights of Criminal and National Defense Documents of the Past Week

Highlights of Criminal and National Defense Documents of the Past Week
Thuy Phu

In the past week (from December 18, 2017 to December 23, 2017), Thu Ky Luat has updated several new documents in the fields of criminal law and national defense. Notably, new forms were issued along with the following documents:

  1. Decision 505/QD-VKSTC on forms used in criminal trials by the People's Procuracy

On December 18, 2017, the Supreme People's Procuracy signed Decision 505/QD-VKSTC, stipulating 35 forms to be used during the implementation of the prosecutorial function and supervision of criminal trial procedures. Some example forms include:

- Form No. 01/XS: List of requests to summon participants in the proceedings to the trial;- Form No. 02/XS: Decision to assign a Prosecutor to exercise the prosecutorial function and supervise the first-instance criminal trial;- Form No. 06/HS: Decision to withdraw the prosecution decision;- Form No. 09/HS: Report on the results of the case study;- Form No. 16/XS: Report on the results of exercising the prosecutorial function and supervising the first-instance trial;- Form No. 20/XP: Notification of the results of exercising the prosecutorial function and supervising the appellate trial.

Further details on Decision 505/QD-VKSTC, effective from January 01, 2018, replacing Decision 960/2007/QD-VKSTC dated September 17, 2007.

  1. Circular 61/2017/TT-BCA on criminal investigation forms, documents, and books

284 forms, documents, and books used in criminal investigations appended to Circular 61/2017/TT-BCA will officially be put into use from January 01, 2018, and arranged into 14 main groups as follows:

- Forms used in the reception and resolution of crime reports and petitions for prosecution;- Forms used in the application of preventive measures and coercive measures;- Forms used in the assignment of investigations, prosecution of criminal cases, and prosecution of defendants;- Forms used during the investigation methods;- Forms used during the special investigative methods;- Forms used for suspending investigations and concluding investigations;- Forms used for defense counsels;- Forms used for proceedings involving minors under 18 years old;- Forms used for fast-track procedures;- Forms used for resolving complaints and denunciations in criminal proceedings;- Forms used to protect crime reporters, witnesses, victims, and other participants in the proceedings;- Forms used to prosecute legal entities criminally;- Covers for criminal case files;- Books on criminal investigation.

  1. Circular 54/2017/TT-BCA amending complaint and denunciation resolution forms of the Police

The Ministry of Public Security issued Circular 54/2017/TT-BCA amending and supplementing Circular 60/2014/TT-BCA on forms used in inspection activities, resolving complaints, denunciations, and public reception activities of the People's Police. Accordingly:

New additions include:

- 01 form used in inspection activities;- 07 forms used in inspection and supervision tasks;

And the following are abolished:

- 01 form (Complaint referral form) used in complaint handling;- 01 form (Denunciation referral form) used in denunciation handling;- 02 general-use forms and other related tasks.

Details of the forms can be found in Circular 54/2017/TT-BCA, effective from December 31, 2017.

  1. Circular 299/2017/TT-BQP on certification forms of criminal investigation officers in the military

Circular 299/2017/TT-BQP, officially effective from January 30, 2018, stipulates the Certification Form (GCN) for legal position holders of criminal investigation agencies and security investigation agencies in the People's Army.

According to regulations, subjects who are appointed to legal positions are simultaneously issued a Certification Form. Specifically:

- Issuance of a new form upon first-time appointment;- Reissuance in case of reappointment, transfer between different investigation agencies, or;- Reissuance in case of damage during task performance or due to natural disasters, fires.

Note: Certifications previously issued to Heads, Deputy Heads of Investigation Agencies, and Investigators before January 01, 2018, remain valid until the expiration date stated on the certification.

Detailed Certification Form can be found in the Appendix attached to Circular 299/2017/TT-BQP.

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