Prohibited acts in criminal investigation in Vietnam

Prohibited acts in criminal investigation in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Prohibited acts in criminal investigation in Vietnam

Prohibited acts in criminal investigation under Article 14 of the Law on Organization of Criminal Investigation Bodies 2015 include:

- Falsifying case files; conducting criminal liability examination against persons who do not commit criminal acts; failing to conduct penal liability examination against persons who commit criminal acts which are subject to criminal liability examination; issuing decisions in contravention of law; forcing other persons to act against the law; disclosing case investigation secrets; illegally intervening into the criminal investigation.

- Forcing persons to give testimonies, applying corporal punishment and forms of torture or barbarous and inhuman treatment, penalties or humiliation or any acts infringing upon the legitimate rights and interests of agencies, organizations and individuals.

- Preventing arrestees, persons held in custody or the accused from exercising their right to self-defense, asking lawyers or other persons to defend them or render legal aid; from filing complaints or denunciations; or from receiving compensations for material and spiritual damage or getting honor rehabilitation.

- Preventing defense counsels or legal aid providers from making the defense or providing legal aid in accordance with law.

- Opposing, hindering or organizing, inducing, inciting or forcing others to oppose or hinder criminal investigation activities; infringing upon the lives, health, honor, dignity and property of official-duty performers in criminal investigation.

2. Responsibilities of agencies, organizations and individuals in criminal investigation activities in Vietnam

Responsibilities of agencies, organizations and individuals in criminal investigation activities according to Article 12 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

- Agencies, organizations and individuals have the right and duty to detect, denounce and report on criminals, criminal acts, to propose the institution of criminal cases; have the responsibility to implement requests and decisions of, and create conditions for, the investigating bodies, agencies tasked to conduct a number of investigating activities and persons competent to conduct criminal investigation to perform their tasks and exercise their powers in criminal investigation activities.

- State agencies shall immediately notify the investigating bodies of every criminal act occurring in their offices and the fields under their respective management; have the right to request and transfer relevant documents to the investigating bodies for examination and institution of criminal cases against offenders;

Comply with the requests of, and create conditions for, the investigating bodies, agencies tasked to conduct a number of investigating activities or persons competent to conduct criminal investigation to perform their investigating tasks.

- Investigating bodies and agencies tasked to conduct a number of investigating activities shall receive, examine and settle denunciations and reports on crimes, propose the institution of criminal cases; notify the settlement results to agencies, organizations and individuals that have denounced or reported on crimes and apply necessary measures to protect crime denouncers.

3. Tasks and powers of investigating bodies in Vietnam

Tasks and powers of investigating bodies according to Article 8 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

-  To receive and settle denunciations and reports on crimes and to propose the institution of criminal cases.

- To receive case files transferred by agencies tasked to conduct a number of investigating activities.

- To investigate crimes, apply every measure prescribed by law to detect and identify crimes and offenders; to compile files and propose the prosecution.

- To identify causes of, conditions for, commission of crimes and request concerned agencies and organizations to apply remedial and deterrent measures.

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