Chương XXXV Bộ luật Tố tụng Hình sự 2003: Khiếu nại, tố cáo trong tố tụng hình sự

Chapter XXXV: COMPLAINTS, DENUNCIATIONS IN CRIMINAL PROCEDURE

Article 325.- Persons with the right to complain

Agencies, organizations and individuals shall have the right to complain about procedural decisions and acts of bodies and persons with procedure-conducting competence when they have grounds to believe that such decisions or acts are contrary to law, infringe upon their legitimate rights and interests.

Appeals against legally valid first-instance judgments or decisions, complaints about legally valid judgments or decisions shall not be settled under the provisions of this Chapter but under the provisions of Chapters XXIII, XXIV, XXX and XXXI of this Code.

Article 326.- Rights and obligations of complainants

1. Complainants shall have the following rights:

a/ To lodge complaints by themselves or through their lawful representatives;

b/ To lodge complaints at any stage of the process of settling criminal cases;

c/ To withdraw their complaints at any stage of the process of settling criminal cases;

d/ To receive written replies on the settlement of their complaints;

e/ To have their infringed legitimate rights and interests restored; and receive damage compensation in accordance with law.

2. Complainants shall have the following obligations:

a/ To present truthfully the facts, supply information and documents to the complaint settlers; to take responsibility before law for such presentation and supply of information and documents.

b/ To abide by the complaint settlement results.

Article 327.- Rights and obligations of complained persons

1. Complained persons shall have the following rights:

a/ To produce evidences on the lawfulness of their procedural decisions or acts which are complained about;

b/ To receive documents on the settlement of complaints about their procedural decisions or acts.

2. Complained persons shall have the following obligations:

a/ To explain the complained procedural decisions or acts, supply relevant information and documents when competent bodies, organizations or individuals so request;

b/ To abide by the complaint settlement results;

c/ To pay compensation for damage and overcome consequences caused by their illegal procedural decisions or acts according to law provisions.

Article 328.- Statute of limitations for complaining

The statute of limitations for complaining is fifteen days after the complainants receive or know about the procedural decisions or acts which they deem unlawful.

In case where due to illness, natural calamities, enemy sabotage, working or studying in distant places or other objective obstacles the complainants cannot exercise their right to complain within the prescribed statute of limitations, the period when such obstacles exist shall not be included in the statute of limitations for complaining.

Article 329.- Competence and time limit for settling complaints against investigators, deputy heads and heads of investigating bodies

Complaints about procedural decisions and acts of investigators, deputy heads of investigating bodies shall be considered and settled by the heads of the investigating bodies within seven days after receiving the complaints. If disagreeing with the settlement results, the complainants shall have the right to lodge further complaints with the procuracies of the same level. Within seven days after receiving the complaints, the procuracies of the same level must consider and settle them. The procuracies of the same level shall have the competence to make final settlement.

Complaints about procedural decisions or acts of the heads of investigating bodies and procedural decisions of investigating bodies, which have been approved by the procuracies of the same level, shall be settled by the procuracies of the same level within seven days after receiving the complaints. If disagreeing with the settlement results, the complainants shall have the right to lodge further complaints with the immediate superior procuracies. Within fifteen days after receiving the complaints, the immediate superior procuracies must consider and settle them. The immediate superior procuracies shall have the competence to make final settlement.

Article 330.- Competence and time limits for settling complaints against procurators, vice-chairmen and chairmen of procuracies

Complaints about procedural decisions and acts of vice-chairmen of procuracies or procurators shall be settled by the chairmen of the procuracies within seven days after receiving the complaints. If disagreeing with the settlement results, the complainants shall have the right to lodge further complaints with the immediate superior procuracies. Within fifteen days after receiving the complaints, the immediate superior procuracies must consider and settle them. The immediate superior procuracies shall have the competence to make final settlement.

Complaints about procedural decisions or acts of chairmen of procuracies shall be settled by the immediate superior procuracies within fifteen days after receiving the complaints. The immediate superior procuracies shall have the competence to make final settlement.

Article 331.- Competence and time limits for settling complaints against judges, vice-presidents and presidents of courts

Complaints about procedural decisions and acts of judges or vice-presidents of courts before the opening of court sessions shall be settled by the presidents of courts within seven days after receiving the complaints. If disagreeing with the settlement results, the complainants shall have the right to lodge further complaints with the immediate superior courts. Within fifteen days after receiving the complaints, the immediate superior courts must consider and settle them. The immediate superior courts shall have the competence to make final settlement.

Complaints about procedural decisions or acts of presidents of courts shall be settled by the immediate superior courts within fifteen days after receiving the complaints. The immediate superior courts shall have the competence to make final settlement.

Article 332.- Competence and time limits for settling complaints against persons with competence to conduct a number of investigating activities

Complaints about procedural decisions and acts of persons with competence to conduct a number of investigating activities shall be considered and settled by the procuracies with prosecuting competence within seven days after receiving the complaints. If disagreeing with the settlement results, the complainants shall have the right to lodge further complaints with the immediate superior procuracies. Within fifteen days after receiving the complaints, the immediate superior procuracies must consider and settle them. The immediate superior procuracies shall have the competence to make final settlement.

Complaints about procedural decisions or acts which have been approved by the procuracies shall be settled by such procuracies within seven days after receiving the complaints. If disagreeing with the settlement results, the complainants shall have the right to lodge further complaints with the immediate superior procuracies. Within fifteen days after receiving the complaints, the immediate superior procuracies must consider and settle them. The immediate superior procuracies shall have the competence to make final settlement.

Article 333.- Time limits for settling complaints related to the application of arrest, custody and temporary detention measures

Complaints related to the application of arrest, custody and temporary detention measures must be immediately considered and settled by the procuracies. If it takes time to conduct further verification, the complaints must be settled within three days after the date of receipt thereof. If disagreeing with the settlement results, the complainants shall have the right to lodge further complaints with the immediate superior procuracies. Within seven days after receiving the complaints, the immediate superior procuracies must consider and settle them. The immediate superior procuracies shall have the competence to make final settlement.

Article 334.- Persons with the right to denounce

Citizens shall have the right to denounce to competent bodies or individuals law violation acts of any persons with procedure-conducting competence, which cause damage or threaten to cause damage to the interests of the State, the legitimate rights and interests of citizens, agencies or organizations.

Article 335.- Rights and obligations of denouncers

1. Denouncers shall have the following rights:

a/ To send written denunciations or denounce in person to competent bodies or individuals;

b/ To request the confidentiality of their full names, addresses and autographs;

c/ To request to be notified of the denunciation settlement results;

d/ To request the bodies with procedure-conducting competence to protect them when they are intimidated, harassed or revenged.

2. Denouncers shall have the following obligations:

a/ To present truthfully the denunciation contents;

b/ To clearly state their full names and addresses;

c/ To take responsibility before law for untruthful denunciation.

Article 336.- Rights and obligations of denounced persons

1. Denounced persons shall have the following rights:

a/ To be informed of the denunciation contents;

b/ To produce evidences to prove that the denunciation contents are untruthful;

c/ To have their infringed legitimate rights and interests restored, their honor restored, and to receive compensation for damage caused by untruthful denunciation;

d/ To request competent bodies, organizations or individuals to handle slanderers.

2. Denounced persons shall have the following obligations:

a/ To explain their denounced acts; supply relevant information and documents when competent bodies or individuals so request;

b/ To abide by the denunciation-handling results of competent bodies or individuals;

c/ To pay compensation for damage and overcome consequences caused by their illegal acts.

Article 337.- Competence and time limit for settling denunciations

1. For denunciations of law violation acts of persons with procedure-conducting competence of an agency with procedure-conducting competence, the head of such agency shall have the responsibility to settle them.

Where the denounced persons are heads of investigating bodies, chairmen of procuracies or presidents of courts, the immediate superior investigating bodies, procuracies or courts shall have the responsibility to settle them. Denunciations of procedural acts of persons with competence to conduct a number of investigating activities shall be considered and settled by the procuracies with prosecuting competence.

The time limit for settling denunciations is sixty days counting from the date of receipt of denunciations; for complicated cases, it may be longer but must not exceed ninety days.

2. Denunciations of law violation acts with criminal signs shall be settled under the provisions of Article 103 of this Code.

3. Denunciations related to arrest, custody or temporary detention must be immediately considered and settled by the procuracies. If further verification is required, the time limit shall not exceed three days.

Article 338.- Responsibilities of persons with competence to settle complaints or denunciations

Competent bodies or individuals shall, within the ambit of their respective tasks and powers, have to receive and settle promptly according to law complaints and denunciations and send notices on the settlement results to complaints and denouncers; stringently handle violators; apply necessary measures to prevent possible damage; ensure the settlement results be strictly implemented and take responsibility before law for their settlement.

Persons who are competent to settle complaints or denunciations but fail to settle them, have settled irresponsibly or illegally such complaints or denunciations shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensation therefor according to law.

Article 339.- Tasks and powers of procuracies in supervising the settlement of complaints and denunciations in the criminal procedure

1. The procuracies shall request the investigating bodies and courts of the same and subordinate levels, the border guard, customs, ranger and coast guard forces, and other agencies of the people’s police and people’s army, which are assigned to conduct a number of investigating activities:

a/ To issue written settlements of complaints or denunciations according to the provisions of this Chapter;

b/ To examine the settlement of complaints or denunciations by their level and subordinate levels; notify the examination results to the procuracies;

c/ To supply dossiers and documents related to the settlement of complaints and denunciations to the procuracies.

2. The procuracies shall directly supervise the settlement of complaints and denunciations at the investigating bodies, courts, border guard, customs, ranger offices, coast guard offices and other agencies of the people’s police and army’s police, which are assigned to conduct a number of investigating activities.