Chapter XXXIII
COMPLAINT AND DENOUNCEMENT IN CRIMINAL PROCEDURE
Article 469. Right to complain
1. Authorities and entities shall be entitled to lodge complaints against decisions and legal proceedings of competent procedural authorities and persons on the grounds that such decisions and proceedings breach the laws or violate their legitimate rights and benefits.
2. Chapter XXI, XXII, XXIV, XXV, XXVI and XXXI of this Law shall govern complaints, appeals or protests to a first-instance sentences and rulings not in effect, a Court’s sentences and rulings in force or decisions to prosecute or to apply summary procedure, rulings of a Trial panel in the first or second instance, Judicial panel of cassation or reopening, or Panel ratifying reduction of time, exemption of punishments or parole.
Article 470. Decisions and legal proceedings that prone to complaints
1. Procedural decisions, which prone to complaints, are issued by heads and vice heads of investigation authorities, investigators, heads and vice heads of procuracies, procurators, presidents and vice presidents of courts, judges and individuals authorized to investigate according to this Law.
2. Legal proceedings, which prone to complaints, are procedural actions of heads and vice heads of investigation authorities, investigators, investigation officers, heads and vice heads of procuracies, procurators, checkers, presidents and vice presidents of courts, judges, verifiers and individuals assigned to investigate according to this Law.
Article 471. Prescriptive period for complaints
1. The prescriptive period for complaints shall be 15 days after the person filing complaints receives or perceive procedural decisions and proceedings that he deems unlawful.
2. If a person fails to exercise his right to complain by the prescriptive period due to force majeure or objective obstacles, the length of time of such force majeure or objective obstacles shall not be counted into the prescriptive period for complaints.
Article 472. Rights and duties of persons filing complaints
1. Persons filing complaints shall be entitled to:
a) Lodge complaints by themselves or through a defense counsel, protector of litigants’ legitimate rights and benefits or representative;
b) Lodge complaints anytime during the settlement of a criminal case;
c) Withdraw complaints anytime during the processing of complaints;
d) Obtain the decision to process complaints;
dd) Reclaim legitimate rights and benefits violated and receive amends for damage as per the laws.
2. Persons filing complaints shall bear the duties to:
a) Present matters, information and documents to the individuals processing complaints in honest manner; and assume liabilities for their presentations and provision of documents and information;
b) Obey effective decisions on complaints.
Article 473. Rights and duties of persons facing complaints
1. Persons facing complaints shall be entitled to:
a) Be informed of the details of the complaints;
b) Present evidences on the validity of decisions and proceedings under complaint;
c) Obtain the decision to process complaints against their decisions and proceedings.
2. Persons facing complaints shall bear the duties to:
a) Explain the decisions and proceedings under complaint; provide relevant information and documents at the requests for competent authorities and entities;
b) Obey effective decisions on complaints.
c) Make restitution, reimbursement and remedies against consequences caused by their unlawful decisions and proceedings as per the laws.
Article 474. Authority and time limit for settlement of complaints against procedural decisions and actions regarding emergency custody, arrest, temporary detainment and detention
1. Complaints against emergency custody orders, arrest warrants, decisions on temporary detainment or detention, detention orders, decisions to approve arrest, decisions to extend temporary detainment or detention, and actions to execute such orders and decisions must be settled in 24 hours upon the receipt of such complaints. The time limit may be extended for 03 mores days upon the receipt of the complaints if the settle of verification takes time.
2. Heads of Procuracies shall be held responsible for settleing complaints against procedural decisions and actions regarding emergency custody, arrest, temporary detainment and detention during the stage of investigation and prosecution. In 24 hours upon the receipt of complaints, authorities and individuals having rights to emergency custody, arrest, temporary detainment and detention must promptly transfer the case and matters under complaint related to the persons arrested or held in custody or detention to the Procuracy exercising prosecution rights and administering investigation.
Heads of procuracies shall settle complaints against procedural decisions and actions, regarding emergency custody, arrest, temporary detainment and detention, of heads and vice heads of investigation authorities, investigators, investigation officers, procurators, checkers and individuals assigned to investigate.
Heads of procuracies shall settle complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of vice heads of procuracies.
If the decisions by the head of the Procuracy on the complaints are not satisfactory, the person lodging complaints can file complaints to the head of the immediate superior Procuracy in 03 days upon that person’s receipt of such decisions. If a head of a provincial People’s Procuracy settles such complaints initially, further complaints shall be delivered to the head of the Supreme People's Procuracy. In 07 days upon the receipt of complaints, the head of the immediate superior Procuracy or Supreme People’s Procuracy must consider and settle such complaints. Decisions by the head of the immediate superior Procuracy or Supreme People’s Procuracy shall come into force.
Complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of a head of a Procuracy shall be settled by the head of the immediate superior Procuracy. If complaints are lodged against procedural decisions and actions of a head of a provincial People’s Procuracy, they shall be settled by the head of the Supreme People’s Procuracy. In 07 days upon the receipt of complaints, the head of the immediate superior Procuracy or Supreme People’s Procuracy must consider and settle such complaints. Decisions by the head of the immediate superior Procuracy or Supreme People’s Procuracy shall come into force.
3. The court is responsible for settling complaints against decisions on arrest or detention during the stage of adjudication.
Heads of procuracies shall process complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of vice heads of procuracies.
If the Court president’s decisions on the complaints are not satisfactory, the person filing complaints can lodge further complaints to the President of the immediate higher Court in 03 days upon the receipt of such decisions.
In 07 days upon the receipt of complaints, the President of the immediate higher Court must consider and settle such complaints. Decisions by the President of the immediate higher Court shall come into force.
The president of the immediate higher Court shall settle complaints against procedural decisions and actions, regarding arrest and detention, of the President of the lower Court. In 07 days upon the receipt of complaints, the President of the immediate higher Court must consider and settle such complaints. Decisions by the President of the immediate higher Court shall come into force.
Article 475. Authority and time limit for settlement of complaints against investigators, investigation officers, vice heads and heads of investigation authorities and individuals assigned to investigate
1. Heads of investigation authorities shall settle complaints against procedural decisions and actions of investigators, investigation officers and vice heads of investigation authorities in 07 days upon the receipt of such complaints, except for those related to emergency custody, arrest, temporary detainment and detention. If the decisions by the head of the investigation authority are not satisfactory, the person filing complaints can lodge further complaints to the head of the equivalent Procuracy in 03 days upon the receipt of such decisions. In 07 days upon the receipt of complaints, the head of the equivalent Procuracy shall consider and settle such complaints. Decisions by the head of the equivalent Procuracy shall come into force.
The head of the equivalent Procuracy shall settle complaints against procedural decisions and actions of heads of investigation authorities and procedural decisions of investigation authorities, which have been approved by the Procuracy, in 07 days upon the receipt of such complaints.
If the decisions by the head of the equivalent Procuracy on the complaints are not satisfactory, the person lodging complaints can file complaints to the head of the immediate superior Procuracy in 03 days upon that person’s receipt of such decisions. If a head of a provincial People’s Procuracy settles such complaints initially, further complaints shall be delivered to the head of the Supreme People's Procuracy.
In 15 days upon the receipt of complaints, the head of the immediate superior Procuracy or Supreme People’s Procuracy must consider and settle such complaints. Decisions by the head of the immediate superior Procuracy or Supreme People’s Procuracy shall come into force.
2. Heads of units assigned to investigate shall settle complaints against procedural decisions and actions of investigation officers and vice heads of such units in 07 days upon the receipt of such complaints, except for those related to emergency custody, arrest and temporary detainment. If the decisions by the heads of the said units are not satisfactory, the person filing complaints can lodge further complaints to the head of the Procuracy exercising prosecution rights and administering investigation in 03 days upon the receipt of such decisions. In 07 days upon the receipt of complaints, the head of the Procuracy shall consider and settle such complaints. Decisions by the head of the Procuracy shall come into force.
Heads of procuracies exercising prosecution rights and administering investigation shall settle complaints against procedural decisions and actions of heads of units assigned to investigate. In 07 days upon the receipt of complaints, the head of the Procuracy shall consider and settle such complaints. Decisions by the head of the Procuracy shall come into force.
Article 476. Authority and time limit for settlement of complaints against procurators, checkers, vice heads and heads of procuracies
1. Heads of procuracies shall settle complaints against procedural decisions and actions of procurators, checkers and vice heads of procuracies in 07 days upon the receipt of such complaints. If the decisions by a head of a procuracy are not satisfactory, the person filing complaints can lodge further complaints to the head of the immediate superior Procuracy in 03 days upon the receipt of such decisions. In 15 days upon the receipt of complaints, the head of the immediate superior Procuracy shall consider and settle such complaints. Decisions by the head of the immediate superior Procuracy shall come into force.
2. The immediate superior Procuracy shall settle complaints against procedural decisions and actions of a head of a procuracy in 15 days upon the receipt of such complaints. Decisions by the head of the immediate superior Procuracy shall come into force.
3. Complaints against procedural decisions and actions of a head of a provincial People’s Procuracy, in the events as defined in Section 1 and Section 2 of this Article, shall be settled in the following manner:
a) Supreme People’s Procuracy shall settle complaints against procedural decisions and actions, regarding the exercising of prosecution rights and administration of investigation and prosecution of a head of a provincial People’s Procuracy in 15 days upon the receipt of such complaints. Decisions by the head of the Supreme People's Procuracy shall come into force.
b) Higher People’s Procuracy shall settle complaints against procedural decisions and actions, regarding the exercising of prosecution rights and administration of adjudication, of a head of a provincial People’s Procuracy in 15 days upon the receipt of such complaints. Decisions by the head of the higher People's Procuracy shall come into force.
4. The head of the Supreme People’s Procuracy or the Central military procuracy shall settle complaints against procedural decisions and actions of vice heads, procurators and checkers of the Supreme People’s Procuracy, or vice heads, procurators and checkers of the Central military procuracy, respectively, in 15 days upon the receipt of such complaints. Decisions by the head of the Supreme People’s Procuracy or the Central military procuracy shall come into force.
Article 477. Authority and time limit for settlement of complaints against judges, verifiers, court presidents and vice court presidents
1. The president of a district People’s Court or a local military Court shall settle complaints against procedural decisions and actions, before trial, of judges, verifiers and vice presidents of the district People's Court or local military court, respectively, in 07 days upon the receipt of such complaints.
If the decisions by the President of the district People’s Court or local military Court are not satisfactory, the person filing complaints can lodge further complaints to the President of the provincial People’s Court or military Court of a relevant military zone in 03 days upon the receipt of such decisions. In 15 days upon the receipt of complaints, the President of the provincial People's Court or military Court of the military zone must consider and settle such complaints. Decisions by the President of the provincial People’s Court or military Court of the military zone shall come into force.
The president of a provincial People’s Court or a military Court of a military zone shall settle complaints against procedural decisions and actions, before trial, of the presidents of the relevant district People's Courts or local military courts, respectively, in 15 days upon the receipt of such complaints. Decisions by the President of the provincial People’s Court or military Court of the military zone shall come into force.
2. The president of a provincial People’s Court or a military Court of a military zone shall settle complaints against procedural decisions and actions, before trial, of judges, verifiers and vice presidents of the provincial People’s Court or the military Court of the military zone, respectively, in 07 days upon the receipt of such complaints. If the decisions by the President of the district People’s Court or local military Court are not satisfactory, the person filing complaints can lodge further complaints to the President of the higher People’s Court or central military Court in 03 days upon the receipt of such decisions. In 15 days upon the receipt of complaints, the President of the higher People's Court or central military Court shall settle such complaints. Decisions by the President of the higher People’s Court or central military Court shall come into force.
The president of a higher People’s Court shall settle complaints against procedural decisions and actions, before trial, of judges, verifiers and vice presidents of the higher People’s Court, in 07 days upon the receipt of such complaints. If the decisions by the President of the higher People’s Court are not satisfactory, the person filing complaints can lodge further complaints to the President of the Supreme People’s Court in 03 days upon the receipt of such decisions. In 15 days upon the receipt of complaints, the President of the Supreme People's Court shall settle such complaints. Decisions by the president of the Supreme People's Court shall come into force.
The president of the higher People’s Court or central military Court shall settle complaints against procedural decisions and actions of presidents of provincial People's Courts or military courts of military zones, respectively, in 15 days upon the receipt of such complaints. Decisions by the President of the higher People’s Court or central military Court shall come into force.
3. The president of the Supreme People’s Court or central military Court shall settle complaints against procedural decisions and actions of presidents of higher People’s Courts, vice presidents, judges and verifiers of the Supreme People's Court, vice presidents, judges and verifiers of the central military Court, respectively, in 15 days upon the receipt of such complaints. Decisions by the President of the Supreme People’s Court or central military Court shall come into force.
Article 478. Right to denounce
Individuals shall have the right to present denunciations to competent authorities and persons against the breach of laws by an authorized procedural person, which cause damage or menace the interests of the Government and legitimate rights and benefits of authorities and entities.
Article 479. Rights and duties of persons filing complaints
1. A person filing complaints shall be entitled to:
a) Lodge petitions or directly state denunciations to competent authorities and individuals;
b) Request to have his full name, address and handwriting maintained confidential;
c) Receive decisions on denunciations;
d) Request competent procedural authorities' protection from menaces, repression, vengeance.
2. A person filing complaints shall bear duties to:
a) Present details of the denunciations in honest manner, and provide information and documents in connection with such denunciations;
b) Identify his full name and address;
c) Be held liable for intentional false denunciations.
Article 480. Rights and duties of persons facing complaints
1. A person facing complaints shall be entitled to:
a) Be informed of the particulars of the complaints;
b) Present evidences of the inaccuracy of the denunciations;
c) Receive decisions on the denunciations;
d) Reclaim legitimate rights and benefits violated, restore honor and receive amends for damage caused by inaccurate denunciations;
dd) Request competent authorities and entities to castigate persons giving false denunciations.
2. A person facing complaints shall bear duties to:
a) Elucidate the actions complained; provide relevant information and documents at the requests for competent authorities and individuals;
b) Conform to the decisions on denunciations;
c) Make restitution, reimbursement and remedies against consequences caused by their unlawful procedural actions as per the laws.
Article 481. Authority and time limit for settlement of denunciations
1. The head of a competent procedural authority shall be given authority to settle denunciations against unlawful actions of competent personnel of that authority.
The head of an investigation authority or Procuracy shall be given authority to settle denunciations against the head of the immediate lower investigation authority or Procuracy.
The president of a provincial People’s Court or a military Court of a military zone shall be given authority to settle denunciations against the president of a district People’s Court or local Court.
The president of the higher People’s Court or central military Court shall be given authority to settle denunciations against the president of a provincial People’s Court or military Court of a military zone.
The president of the Supreme People’s Court shall be given authority to settle denunciations against the president of the higher People's Court or central military Court.
The procuracy exercising prosecution rights and administering investigation shall be given authority to settle denunciations against procedural actions of persons assigned to investigate.
2. The settlement of denunciations against unlawful procedural actions denoting crimes shall abide by Article 145 of this Law.
3. The time limit for settlement of denunciations shall not exceed 30 days upon the receipt of such denunciations. The time limit for complex cases may be extended for 60 more days at most.
4. The head of an equivalent Procuracy or competent Procuracy shall settle denunciations against emergency custody, temporary detainment and detention during the stage of investigation and prosecution, in 24 hours upon the receipt of such denunciations. If information must be further verified, the time limit shall be 03 more days at most upon the receipt of denunciations.
Article 482. Responsibilities of authorities and persons authorized to settle complaints and denunciations
1. Authorities and persons authorized to settle complaints and denunciations, within their powers and objectives, shall be held responsible for admitting and settling complaints and denunciations in prompt and legal manner and for sending results of the settlement of such complaints and denunciations in writing to the person lodging such complaints and denunciations. Moreover, they shall castigate violators of laws in stringent manner, implement protective measures for denouncers upon requests and prevent possible damage. Furthermore, they shall assure the strict settlement of complaints and denunciations and assume liabilities for their relevant actions.
2. If a person, though authorized to settle denunciations and complaints, does not perform or neglect his given tasks, he shall face disciplinary penalties or criminal prosecution or make restitution to damage caused according to the nature and degree of his violations as per the laws. Moreover, his illicit actions to settle complaints or denunciations shall give rise to the same consequences.
3. Investigation authorities, units assigned to investigate and courts shall be responsible for sending written notices of their admission and settlement of complaints and denunciations to the equivalent Procuracy or competent Procuracy.
Article 483. Duties and authority of procuracies administering the settlement of complaints and denunciations
1. A procuracy shall administer the settlement of complaints and denunciations by investigation authorities and units assigned to investigate, equivalent or lower courts.
2. The procuracy, when administering the settlement of denunciations and complaints, shall bear the following duties and authority:
a) Reqeust investigation authorities, courts, units assigned to investigate to settle complaints and denunciations according to this Chapter;
b) Request investigation authorities, courts and units assigned to investigate to, by themselves, inspect the settlement of complaints and denunciations by their personnel and inferior ones; and inform the Procuracy of the findings of such inspection;
c) Request investigation authorities, courts and units assigned to investigate to provide the Procuracy with documents related to the settlement of denunciations and complaints;
d) Directly administer the settlement of denunciations and complaints by investigation authorities, units assigned to investigate, equivalent and lower courts;
dd) Conclude the tasks of administration in writing; exercise the rights to lodge appeals or protests, request investigation authorities, courts and units assigned to investigate to rectify violations in the settlement of denunciations and complaints.
3. A procuracy shall be responsible for inspecting the lower procuracy's settlement of denunciations and complaints. Supreme People’s Procuracy shall inspect procuracies’ settlement of denunciations and complaints.
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