The function of people’s procuracies to exercise the power to prosecute in Vietnam

The function of people’s procuracies to exercise the power to prosecute in Vietnam (Internet image)

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

1. The function of people’s procuracies to exercise the power to prosecute in Vietnam

The function of people’s procuracies to exercise the power to prosecute in Vietnam according to Article 3 of the Law on Organization of People’s Procuracies 2014 are as follows:

- Exercising the power to prosecute means an activity of people’s procuracies in criminal procedure to make the State’s accusation against offenders. The power to prosecute shall be exercised right upon the settlement of reports and information on crimes and recommendations for prosecution and throughout the course of institution, investigation, prosecution and adjudication of criminal cases.

- People’s procuracies shall exercise the power to prosecute to ensure that:

+ All offences and offenders shall be detected, charged, investigated, prosecuted and adjudicated in a prompt, strict, accurate, fair and lawful manner, neither let injustice be done on the innocent nor omit offences and offenders;

+ No person will be charged with an offence, arrested, held in custody or temporary detention or have their human rights or citizens’ rights restricted in contravention of law.

- When exercising the power to prosecute, people’s procuracies have the following duties and powers:

+ To request the institution of criminal cases; to cancel illegal decisions on institution or non-institution of criminal cases; to approve or not to approve decisions on initiation of criminal proceedings against the accused issued by investigating agencies or agencies assigned to conduct some investigating activities;

To directly institute criminal cases and initiate criminal proceedings against the accused in the cases prescribed by the Criminal Procedure Code;

+ To decide on, or approve, the application, change or cancellation of measures restricting human rights or citizens’ rights in the settlement of reports and information on crimes and recommendations for prosecution and in the laying of charges, investigation and prosecution in accordance with the Criminal Procedure Code;

+ To cancel other illegal procedural decisions in the settlement of reports and information on crimes and recommendations for prosecution, and in the laying of charges and investigation by investigating agencies or agencies assigned to conduct some investigating activities;

+ When necessary, to set investigation requirements and require investigating agencies or agencies assigned to conduct some investigating activities to fulfill such requirements;

+ To request concerned agencies, organizations and individuals to provide documents to clarify offences and offenders;

+ To directly settle reports and information on crimes and recommendations for prosecution; to conduct some investigating activities to clarify grounds for laying charges on offenders;

+ To investigate crimes of infringing upon judicial activities and corruption- and position- related crimes in judicial activities in accordance with law;

+ To decide on the application of summary procedure in investigation and prosecution;

+ To decide on the prosecution and accusation against the accused at court hearings;

+ To protest against court judgments or decisions in case of injustice, wrongful conviction or omission of offences or offenders;

+ To perform other duties and exercise other powers in making accusations against offenders in accordance with the Criminal Procedure Code.

2. The function of people’s procuracies to supervise judicial activities in Vietnam

The function of people’s procuracies to supervise judicial activities in Vietnam according to Article 4 of the Law on Organization of People’s Procuracies 2014 is as follows:

- Supervising judicial activities means an activity of people’s procuracies to supervise the lawfulness of acts and decisions committed or made by agencies, organizations and individuals in judicial activities.

The supervision of judicial activities shall be conducted right upon the receipt and settlement of reports and information on crimes and recommendations for prosecution and throughout the course of settlement of criminal cases;

In the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters; in the execution of judgments and settlement of complaints and denunciations about judicial activities; and in other judicial activities in accordance with law.

- People’s procuracies shall supervise judicial activities to ensure that:

+ The receipt and settlement of reports and information on crimes and recommendations for prosecution; settlement of criminal cases, administrative cases, civil, marriage and family, business, commercial and labor cases and matters; execution of judgments; settlement of complaints and denunciations about judicial activities; and other judicial activities shall be conducted in accordance with law;

+ The arrest, custody or temporary detention, execution of imprisonment sentences, and regimes of custody or temporary detention, management and education of persons serving imprisonment sentences must comply with law;

Human rights and other lawful rights and interests of persons arrested or held in custody or temporary detention and persons serving imprisonment sentences, which are not restricted by law, must be respected and protected;

+ Court judgments and decisions which are legally valid must be strictly executed;

+ All violations in judicial activities must be detected and handled in a prompt and strict manner.

- When performing the function of supervising judicial activities, people’s procuracies have the following duties and powers:

+ To request agencies, organizations and individuals to conduct judicial activities in accordance with law; inspect judicial activities falling under their competence and notify inspection results to people’s procuracies; provide dossiers and documents to people’s procuracies for the later to examine the lawfulness of acts and decisions in judicial activities;

+ To directly supervise; verify and collect documents to clarify violations committed by agencies, organizations and individuals in judicial activities;

+ To handle violations; to request or recommend competent agencies, organizations and individuals to remedy and strictly handle violations in judicial activities; to recommend concerned agencies and organizations to apply measures to prevent violations and crimes;

+ To protest against illegal court judgments or decisions; to recommend action against illegal acts or decisions committed or made by courts; to protest against illegal acts and decisions committed or made by other competent agencies and persons in judicial activities;

+ To supervise the settlement of complaints and denunciations about judicial activities; to settle complaints and denunciations falling under their competence;

+ To perform other duties and exercise other powers in supervising judicial activities in accordance with law.

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