Litigation is a fairly familiar term in the current period. Litigation activities play an important role in the practice of human life. When the subjects participate in legal relations, the subjects will usually wonder what the procedure is and what it means. This is definitely an issue that many people are interested in. So “What is the legal relationship of criminal procedure in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Criminal procedure code of Vietnam 2015
What is the legal relationship of criminal procedure in Vietnam?
Criminal procedural relationship includes social relations that arise, change or terminate in the process of settling criminal cases governed by criminal procedural legislation.
Social relations, when regulated by criminal procedural legislation, will become criminal procedural relationship. The criminal procedural relationship has components as follows: the subject, object and content.
Characteristics of criminal procedural relationship
The criminal procedural relationship has the following characteristics:
– The criminal procedural relationship is state power, arising from the time a competent agency detects or receives denunciations, information on crimes and petitions for prosecution. One of the subjects of the criminal procedural relationship is always the agency competent which will conduct the proceedings.
– The relationship of criminal procedure is closely related to the relationship of criminal law. When a person commits a crime, a criminal law relationship occurs between that person and the State. The criminal procedural relationship is established to resolve the criminal law relationship.
– Criminal procedural relationship is also closely related to procedural activities. Criminal procedural activities give rise to, change or terminate the criminal procedural relationship. Otherwise, the arising, changing or terminating a criminal procedural relationship shall give rise to, changes or terminates procedural activities.
Composition of criminal procedural relationship
– The composition of the criminal procedure relationship includes the object, subject and content. In a certain legal relationship, the exercise of subjective rights and obligations of the participants always aims to achieve a certain purpose.
– The object of criminal procedural relationship is the benefit that the parties aim to achieve when establishing with each other in a specific legal relationship. The object of the criminal procedural relationship is the correct resolution of the case.
– The subject of the criminal procedural relationship includes: Agencies competent to conduct procedures, persons competent to conduct procedures, participants in proceedings as well as other individuals, agencies and organizations contributing to settle the case in accordance with the law.
– The content of the criminal procedural relationship is the legal rights and obligations of the subjects participating in the criminal procedural relationship. Criminal procedure code of Vietnam stipulates that subjects with different legal status have different procedural rights and obligations.
Procedure-conducting agencies and procedure-conducting persons
According to the provisions of Article 34 of the Criminal procedure code 2015, regulations on procedure-conducting agencies and procedure-conducting persons
- Procedure-conducting agencies include:
Investigation agency;
Procuracy;
Court.
- Procedure-conducting persons include:
Heads and Deputy Heads of investigating bodies, investigators and investigating officers;
Director, Deputy Director of the Procuracy, Procurator, Inspector;
Chief Justices, Deputy Chief Justices of Courts, Judges, Assessors, Court Clerks, Verifiers.
The agency with the responsibity of conducting a number of investigative activities
- Border Guard agencies;
- Customs offices;
- Forest protection agencies;
- Agencies of the Coast Guard;
- Agencies of Fisheries Control;
- Agencies of the People’s Public Security are tasked with conducting a number of investigative activities;
- Other agencies in the People’s Army are tasked with conducting a number of investigative activities.
- Specific agencies assigned to conduct a number of investigative activities specified in this Clause are prescribed in the Law on Organization of Criminal Investigation Agencies.
Persons assigned to conduct a number of investigative activities
- Persons tasked with conducting a number of investigative activities of the Border Guard include the Director, Deputy Director of the Border Reconnaissance Department; Director, Deputy Director of the Department of Drugs and Crime Prevention and Control; Team Leader, Deputy Head of the Special Task Force for Drug and Crime Prevention and Control; Commanders and Deputy Commanders of Border Guards of provinces and centrally run cities; Heads and Deputy Heads of Border Guard Stations; Commander, Deputy Commander of the Port Border Guard;
- Persons assigned to conduct a number of customs investigation activities include the Director, Deputy Director of the Anti-Smuggling Investigation Department; Director, Deputy Director of Post-Clearance Inspection Department; Director, Deputy Director of Customs Departments of provinces, inter-provinces and centrally-run cities; Director, Deputy Director of Border Gate Customs Sub-Department;
- Persons assigned to conduct a number of investigation activities of the Forest Protection Department include the Director, Deputy Director of the Forest Protection Department; Director, Deputy Director of Forest Protection Sub-Department; Chief, Deputy Chief of Forest Protection Department;
- Persons assigned to conduct a number of investigative activities of the Coast Guard include the Commander, Deputy Commander of the Coast Guard; Regional Commander, Deputy Commander of the Coast Guard; Director, Deputy Director of Department of Professional Affairs and Law; Team leader, deputy leader of the task force for drug crime prevention and combat; Squadron Leader, Deputy Squadron Leader; Squadron Captain, Vice Captain; Captain, Deputy Captain of the Coast Guard Professional Team;
- Persons tasked with conducting a number of investigating activities of the Fisheries Control Department include the Director, Deputy Director of the Fisheries Control Department; Director, Deputy Director of Regional Fisheries Control Sub-Department;
- Persons assigned to conduct a number of investigative activities of other agencies in the People’s Public Security include the Director and Deputy Director of the Fire Prevention and Fighting Police; Directors, Deputy Directors, Heads and Deputy Heads of Departments of agencies assigned to conduct a number of investigative activities of the People’s Police, Superintendent and Deputy Superintendent of prisons in accordance with the Law on Organization of the Prisons. criminal investigation agency;
- Persons tasked with conducting a number of investigative activities of other agencies in the People’s Army include Superintendent, Deputy Superintendent of Prisons; Heads of independent regiments and equivalent units.
- Investigative officers of the agencies specified in Clause 1, Article 35 of the Criminal Procedure Code.
The process of criminal procedure under Vietnam law
Step 1: Initiate the case
In the process of prosecuting the case, it is necessary to determine whether the violation has criminal signs or not. From there, the competent authority will also decide whether to issue a decision to prosecute or not to prosecute a criminal case. The prosecution phase of this case begins when the competent authorities receive information or denunciations about the crime and it will end when the decision to prosecute the criminal case is made.
Step 2: Investigate the criminal case
The investigative agency in accordance with the law will apply all appropriate measures to identify the criminal who committed the crime for the purpose of serving as a basis for the trial at the Court. .
Step 3: Prosecution of the criminal case
The prosecution of the criminal case will be carried out by the Procuracy, specifically prosecuting the subjects who are the accused by the indictment. Then, the Procuracy must transfer the case file and the indictment to the Court.
Step 4: First-instance trial of the criminal case
The first-instance trial of this criminal case begins when the Court receives the case file transferred by the Procuracy. The order of trial at a court hearing includes the following procedures: opening, questioning, arguing before the court, deliberation and sentencing.
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Frequently asked questions
Criminal proceedings are conducted on the principle that everyone is equal before the law, regardless of ethnicity, gender, belief, religion, class and social status. Anyone who commits a crime will be dealt with according to the law.
All legal entities are equal before the law, regardless of ownership form and economic sectors.
Everyone has the right to bodily inviolability. No one will be arrested without a decision of the Court, a decision or approval of the Procuracy, except for the case of a red-handed crime.
The custody of people in case of emergency and temporary detention of people must comply with the provisions of this Code. Torture, coercion, corporal punishment or any other form of treatment infringing upon human body, life and health are strictly prohibited.
Everyone has the right to be protected by law in terms of life, health, honor, dignity and property.
Any illegal acts of infringing upon the life, health, honor, dignity and property of an individual; infringing upon the honor, reputation and property of a legal person shall be handled according to law.
Vietnamese citizens cannot be deported or handed over to another state.
Conclusion: So the above is What is the legal relationship of criminal procedure in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
