Criminal proceedings play a very important role in deciding whether someone has committed a crime or not. Prosecution of a criminal case is the first and also the most important stage to verify the presence or absence of signs of a crime. So about the matter “Decision to prosecute criminal cases according to Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015 amended and supplemented in 2017
- Criminal Procedure Code 2015
What is criminal prosecution?
The prosecution of a criminal case is the first stage of the criminal procedure process in which the competent authorities are responsible for examining and determining whether or not there are signs of a crime to issue a decision to prosecute the case. or the decision not to institute criminal cases as a basis for further procedural activities of the case settlement process.
What are the contents of a decision to institute a criminal case?
The content of the decision to prosecute a criminal case is specified in Clause 1, Article 154 of the Criminal Procedure Code 2015 (effective from January 1, 2018). Whereby:
The decision to prosecute a criminal case must clearly state the grounds for prosecution, the applicable articles and clauses of the Penal Code and the contents specified in Clause 2, Article 132 of this Code. Specifically, it must be clearly stated:
a) Number, date, month, year, place of promulgation of procedural documents;
b) Grounds for promulgation of procedural documents;
c) Contents of procedural documents;
d) Full name, position, signature of the person issuing the procedural document and stamp.
Regarding procedures, within 24 hours after issuing a decision to prosecute a criminal case, the procuracies must send that decision to a competent investigating agency for investigation.
Within 24 hours after issuing a decision to prosecute a criminal case, the investigating agency or the agency tasked with conducting a number of investigative activities must send such decision together with relevant documents to the Criminal Court. competent prosecutor to supervise the prosecution.
Within 24 hours after issuing a decision to institute criminal cases, the court must send that decision together with relevant documents to the same-level procuracies.
Grounds for prosecution of criminal cases
Article 143 of the 2015 Criminal Procedure Code specifically provides for the grounds for instituting criminal cases as follows:
First, the individual’s denunciation
Crime denunciation means an individual’s detection and denunciation of acts showing signs of crime to a competent authority. Denunciations of individuals are made directly or indirectly through telephone lines, letters, etc. and can be expressed orally or in writing. Everyone has the right to report a crime to the competent authority. This is the basis for the competent authority to verify whether or not a crime has occurred. The prosecution of a criminal case based on an individual’s denunciation may only be carried out after the agency competent to handle the denunciation investigates, verifies and determines that a crime has occurred in accordance with the provisions of law. content of the denunciation.
Second, news from agencies, organizations and individuals
Newspapers of agencies, organizations or individuals are information on cases with signs of crime notified to competent agencies by agencies, organizations or individuals. When receiving information about crimes notified by agencies, organizations or individuals, competent agencies must conduct verification. If through verification, it is found that the case provided by the agency, organization or individual shows signs of a specific crime specified in the Penal Code, then a decision to prosecute a criminal case will be issued.
Third, news in the mass media. Mass media means an information medium that has an impact on the majority of people such as print press, television, radio, etc. When information about crimes is obtained by mass media, If they are sent, the competent agencies must conduct examination and verification to conclude whether there are signs of crime or not, as a basis to prosecute or not to prosecute criminal cases.
Fourth, the prosecution’s recommendation of state agencies
Proposal to prosecute means that a competent state agency makes a written petition and enclosed with relevant evidences and documents to the competent investigating agency or procuracy for consideration and handling of a case with a seal of approval. crime sign. Along with other sources, the prosecution petition of the state agency is the source for the competent procedure-conducting agency to consider and decide to prosecute or not to prosecute a criminal case.
Fifth, the agency competent to conduct legal proceedings directly detects signs of crime
This is the case when the investigating agency, the agency assigned to conduct a number of investigative activities or the Procuracy directly detects signs of crime through the process of performing its duties and powers and using It serves as a basis for criminal prosecution. The Trial Panel shall issue a decision to prosecute or request the Procuracy to institute a criminal case if, through the trial at the court session, it is discovered that something has signs of a crime but has not yet been prosecuted.
Finally, the offender confesses
Confession is when an offender voluntarily declares to an agency or organization about his/her criminal behavior before the crime or offender is discovered.
A self-confessed offender is a person who has committed a crime and they personally confess their crime before competent agencies and organizations before the crime or offender is discovered. The offender’s confession of a crime before the crime or offender is discovered is the basis for assessing the possibility that a crime has occurred and the possibility that the confessor is the one who committed the offence. Therefore, the confession of the offender is also an important basis for the competent procedure-conducting agency to use as a basis to prosecute a criminal case.
Decision to prosecute criminal cases according to Vietnam law
The investigating authority shall decide on criminal cases for all cases showing signs of crime, except for cases by the agency tasked with conducting a number of investigation activities, the Procuracy, the Trial Panel are being processed and resolved as follows:
+ The agency tasked with conducting a number of investigative activities makes criminal cases decisions in the case specified in Article 164 of the 2015 Criminal Procedure Code.
+ The Procuracy shall issue a decision on criminal cases in the following cases:
– The Procuracy cancels the decision not to prosecute criminal cases of the investigating agency, the agency tasked with conducting a number of investigative activities;
– The Procuracy directly handles denunciations and reports on crimes, and proposes to prosecute;
– The Procuracy directly detects signs of crime or at the request of the Trial Panel to prosecute.
+ The Trial Panel shall issue a decision to prosecute or request the Procuracy to prosecute a criminal case if, through the trial at the court hearing, it is discovered that a crime has been omitted.
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Frequently asked questions
According to regulations, within 24 hours after issuing a decision to prosecute a criminal case, the procuracies must send that decision to a competent investigating agency for investigation.
When having one of the following grounds, a criminal case may not be instituted:
There is no crime;
The act does not constitute a crime;
Persons who have not yet reached the age of criminal responsibility commit acts dangerous to society;
The offender has had an effective judgment or decision to suspend the case for the offense;
The statute of limitations for criminal prosecution of offenders has expired;
Criminals have been pardoned;
The offender has died, except for cases requiring retrial against another person;
Victims or their representatives do not request prosecution for crimes specified in Clause 1, Article 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the 2015 Penal Code.
The Procuracy shall issue decisions to institute criminal cases in the following cases:
The Procuracy cancels the decision not to institute criminal cases of the investigating agency or the agency tasked with conducting a number of investigative activities;
The Procuracy directly handles denunciations and reports on crimes, and proposes to prosecute;
The Procuracy directly detects signs of crime or at the request of the Trial Panel to prosecute.
Conclusion: So the above is Decision to prosecute criminal cases according to Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
