Phần thứ bảy Bộ luật Tố tụng hình sự 2015: Thủ tục đặc biệt

PART SEVEN

SPECIAL PROCEDURES

Chapter XXVIII

LEGAL PROCEEDINGS FOR PERSONS LESS THAN 18 YEARS OF AGE

Article 413. Scope of regulation

Legal proceedings for accused persons, individuals aggrieved and witness testifiers who are less than 18 years old shall be governed by this Chapter and other regulations of this Law not contrary to those in this Chapter.

Article 414. Principles of legal proceedings

1. Legal proceedings must be congenial and conformable to the mentality, age level, maturity level and awareness of persons less than 18 years of age. Legitimate rights and interests of persons aged under 18 must be assured. Persons under age of 18 must be guaranteed to gain the best benefits.

2. Personal information of individuals below 18 years of age must be kept confidential.

3. The right to participate legal proceedings must be guaranteed for the representatives of persons under 18, schools, Youth Union, individuals with experience and knowledge of psychology and social affairs, places where persons aged below 18 pursue education and do daily activities.

4. The rights of persons under age of 18 to attend and express opinions must be respected.

5. The rights of persons aged under 18 to defense and legal assistance must be guaranteed.

6. Principles of treatments as per the Criminal Code for persons less than 18 years of age must be assured.

7. The cases in connection with persons aged below 18 must be settled in swift and timely manners.

Article 415. Presiding officers

Presiding officers in the cases, in which persons aged under 18 are involved, have been trained or experienced in conducting activities of investigation, prosecution and adjudication related to persons less than 18 years of age. Presiding officers must have essential knowledge of psychology and educational science for persons under age of 18.

Article 416. Elucidation of essential details in the process of legal proceedings against accused persons, whose age is under 18

1. The age, physical and spiritual growth level, awareness level of crimes of persons aged under 18

2. The conditions of life and education.

3. The incitement by persons from 18 years of age.

4. The reasons, conditions and circumstances that lead to crimes.

Article 417. Determination of age of accused persons or crime victims under the age of 18

1. Competent procedural authorities shall determine the age of accused persons and crime victims under 18 years of age according to the laws.

2. The date of birth of such persons shall be determined in the following manner if legitimate approaches do not generate an accurate result:

a) If the month of birth is identified but the day is unknown, the last day of that month shall be the day of birth.

b) If the quarter when birth occurred is identified but the date is unknown, the last date of that quarter shall be the date of birth.

c) If the half of the year when birth occurred is identified but the date is unknown, the last day of the final month of that half of the year shall be the date of birth.

d) If the year of birth is identified but the date is unknown, the last day of the final month of that year shall be the date of birth.

3. If the year of birth is not identified, age shall be determined through expert examinations.

Article 418. Supervision of accused persons aged below 18

1. Investigation authorities and units assigned to investigate, procuracies and courts can decide to have accused persons aged under 18 supervised by their representatives to guarantee their attendance in response to competent procedural authorities’ subpoenas.

2. Individuals assigned with supervisory duties shall be held responsible for supervising persons less than 18 years of age in strict manner, oversee their conduct and morality and educate them.

Individuals assigned with supervisory duties must report and cooperate with competent procedural authorities in prompt manner to implement timely preventive measures if the persons under the age of 18 are likely to abscond or commit the acts of bribing, coercing and fomenting other people to falsify statements or provide false documents; destroying or forging evidences, documents and items related to the case, or shifting property related to the case away; threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin, or continuing criminal acts.

Article 419. Implementation of preventive and coercive measures

1. Preventive measures and coercive delivery of persons aged below 18 shall be viable only in truly vital circumstances.

Temporary detainment or detention of accused persons less than 18 years of age shall be viable only on the grounds that supervisory approach and other preventive measures fail. The permissible duration of the detention of accused persons under 18 shall be two thirs of the time limit for the detention of individuals from the age of 18 as per this Law. Competent individuals must promptly terminate or change preventive measures when the grounds for temporary detainment or detention evanesce.

2. Persons from the age of 14 to below 16 may be held in emergency custody, apprehended, temporarily detained or held in detention for their crimes as defined in Section 2, Article 12 of the Criminal Code in the presence of grounds as stated in Article 110, 111 and 112, and Point a, b, c, d and dd, Section 2, Article 119 of this Law.

3. Persons from the age of 16 to below 18 may be held in emergency custody, apprehended, temporarily detained or held in detention for intentional felonies, horrific or extremely severe felonies in the presence of grounds as stated in Article 110, 111 and 112, and Point a, b, c, d and dd, Section 2, Article 119 of this Law.

4. Suspects or defendants from the age of 16 to below 18 may be apprehended, detained and held in detention if they continue criminal acts, abscond and are placed under arrest as per wanted notices after being charged, investigated, prosecuted and tried for unintentional felonies or misdemeanors punishable by a maximum term of imprisonment of 2 years according to the Criminal Code.

5. In 24 hours upon the emergency custody, apprehension, temporary detainment or detention, the individuals issuing custodial orders against persons aged under 18 must inform the representatives of such juveniles.

Article 420. Representative, school and organization participating in legal proceedings

1. Representatives of persons aged below 18, teachers and representatives of the school, Youth Union and other organizations, where persons aged under 18 pursue education and perform daily activities, shall have the right and duty to participate in legal proceedings as per the decisions of investigation authorities, procuracies and courts.

2. Representatives of persons less than 18 years of age can attend the session of deposition and interrogation of persons under 18. Such representatives can submit evidences, documents, items, requests, complaints and Charges. They can read, transcribe and photocopy documents related to charges against persons aged below 18 from the case file after investigative activities end.

3. Individuals as defined in Section 1 of this Article shall be entitled, in court, to present evidences, documents, items, requests, to requisition the replacement of presiding officers, to express opinions, arguments, and to file complaints against procedural acts of authorized procedural persons and the Court’s decisions.

Article 421. Deposition of persons held in emergency custody, apprehended or temporarily detained, crime victims, witness testifiers; interrogation of suspects; confrontation

1. When a person under 18 gives depositions while held in emergency custody or apprehended or temporarily detained, or suffers harms of crimes, or testify, or is interrogated, the competent procedural authorities must inform the defense counsel, representative and protector of such person’s legitimate rights and benefits of the time and location of the deposition or interrogation in advance.

2. The defense counsel or representative must be present during the taking of depositions from person held in emergency custody, apprehended or temporarily detained or during the interrogation of suspects.

The representative or protector of legitimate rights and benefits of crime victims or witness testifiers must attend the deposition of such persons.

3. The defense counsel and representative can pose questions, with the consent of the investigators or procurators, to the persons apprehended and detained or suspects under the age of 18.  After competent individuals end each session of despotion or interrogation, the defense counsel and representative can raise questions to the suspects or persons held in emergency custody, apprehended or held in termporary custody.

4. There shall be at most, on daily basis, two sessions of deposition of persons under 18. Each session shall be less than 02 hours, unless the case comprises a variety of complex factors.

5. Only two sessions of interrogation of suspects under 18 shall be permissible per day. The duration of each session shall be limited to 02 hours, except for:

a) Organized crimes;

b) Seeking of fugitive criminals;

c) Prevention of crimes;

d) Search of tools or instruments of crime or other exhibits related to the case;

dd) Cases with several complex facts.

6. Authorized procedural persons shall have suspects or defendants confronted with crime victims aged below 18 for the sole purpose of elucidating facts of the case if the case cannot be solved without confrontation.

Article 422. Defense

1. Accused persons under 18 years of age shall be entitled to defend themselves and be defended.

2. Representatives of accused persons aged under 18 shall be entitled to select a defense counsel or themselves defend such juveniles charged.

3. If accused persons under 18 do not have or their representatives do not select a defense counsel, investigation authorities, procuracies or courts shall appoint a defense counsel according to Article 76 of this Law.

Article 423. Adjudication

1. The trial panel of the first-instance court must consist of a lay assessor who has been a teacher or Youth Union’s official or possessed experience and psychological knowledge regarding persons less than 18 years of age.

2. If a defendant or crime victim below 18 years of age must be protected in special circumstances, the Court can decide to hold a secret trial.

3. The representatives of defendants aged under 18, representatives of the school or organization where such defendants pursue education and do daily activities must attend the trial against the juveniles, unless such representatives are absent not due to force majeure or objective obstacles.

4. The session of questioning or debate in court for defendants, crime victims and witness testifiers under 18 must correspond with their age and growth level. The courtroom must be congenial and conformable to persons less than 18 years of age.

5. If crime victims and witness testifiers are less than 18 years old, the Trial panel must limit the interaction between such juveniles and defendants when the said adolescent give testiomines in court. The presiding judge can request the representative, protector of legitimate rights and benefits to question the victims and witness testifiers.

6. The trial panel, when holding the trial, shall have defendants to undergo educational remedies in a reform school if considering penalties not necessary.

7. The president of the Supreme People’s Court shall elaborate the juvenile and family Court's adjudication of cases involved in persons under 18.

Article 424. Termination of educational remedies at the commune, ward or town, in the reform school, mitigation or exemption of penalties

Sentenced persons aged below 18 may benefit from the termination of educational remedies at the commune, ward or town, or in the reform school, of from the mitigation or exemption of penalties upon the satisfaction of requirements in Article 95 or Article 96 or Article 105 of the Criminal Code.

Article 425. Expungement of criminal records

Criminal records of persons aged under 18 shall be expunged according to this Law upon the fulfillment of requirements in Article 107 of the Criminal Code.

Article 426. Authority to implement supervisory and education remedies against criminals under 18 who are exempt from criminal liabilities

Investigation authorities, procuracies and courts shall be empowered to decide the enforcement of one of following supervisory and educational remedies against criminals aged below 18 who are exempt from criminal liabilities:

1. Reprimand;

2. Community conciliation;

3. Edification at the commune, ward or town.

Article 427. Order and procedures of the remedy of reprimand

1. When a criminal under 18 is exempt from criminal liabilities but is eligible for reprimand according to the Criminal Code, the head or vice head of investigation authorities, procuracies or the Trial panel shall decide to implement the remedy of reprimand against the juvenile criminals in cases that they settle.

2. A decision to implement the remedy of reprimand shall have these primary details:

a) Number, issue date and issuing place of the decision;

b) Full name, position and signature of the individual authorized to make the decision and seal of the issuing authority;

c) Reasons and grounds of the decision;

d) Full name, date of birth and residential address of the suspect or defendant;

dd) Offence title, applicable points, sections and articles from the Criminal Code;

e) Length of time of duties of persons reprimanded.

3. Investigation authorities, procuracies and courts must promptly send their decisions to reprimand to the person reprimanded, his parents or representative.

Article 428. Order and procedures of the remedy of community conciliation

1. When requirements for community conciliation as per the Criminal Code are deemed satisfied, the head or vice head of investigation authorities, procuracies or the Trial panel shall decide to implement the remedy of community conciliation.

2. A decision to implement the remedy of community conciliation shall have these primary details:

a) Number, issue date and issuing place of the decision;

b) Full name, position and signature of the individual authorized to make the decision and seal of the issuing authority;

c) Reasons and grounds of the decision;

dd) Offence title, applicable points, sections and articles from the Criminal Code;

dd) Full name of the investigator or procurator or judge assigned to organize a conciliation;

d) Full name, date of birth and residential address of the suspect or defendant;

g) Full name of the crime victim;

h) Full name of other participants in the conciliation;

i) Time and location of the conciliation.

3. The decision on community conciliation must be delivered, in no more than 03 days prior to the conciliation, to the criminals aged under 18, their parents, crime victims and their representatives and People’s committee of the commune, ward or town where the conciliation happens.

4. When conducting the conciliation, the investigator, procurator or judge assigned to conciliate must cooperate with the People's committee of the commune, ward or town where the conciliation takes place. Moreover, the conciliation must be recorded in writing.

5. The written record of conciliation shall contain these primary details:

a) Location, time and date of the conciliation, starting and ending time;

b) Full name of the investigator, procurator or judge assigned to organize the conciliation;

d) Full name, date of birth and residential address of the suspect or defendant;

d) Full name, date of birth and residential address of the crime victim;

dd) Full name, date of birth and residential address of other participants in the conciliation;

e) Questions, answers and colloquy of participants in the conciliation;

g) Results of the conciliation; persons under 18, their parents or representatives giving apologies and amends (if any); victims and their representatives voluntarily conciliating and petitioning for exemption of criminal liabilities (if any);

h) Signature of the investigator, procurator or judge organizing the conciliation.

6. At the end of the conciliation, the investigator, procurator or judge organizing the conciliation shall re-read the written record to the participants in the conciliation. The investigator, procurator or judge making the written record must enter amendments requested into the record and have them confirmed by signature. If such requests are rejected, reasons for rejection must be specified in the record. The written record of conciliation shall be immediately given to the participants in the conciliation.

Article 429. Order and procedures of the remedy of edification at the commune, ward or town

1. When a criminal under 18 is exempt from criminal liabilities but is eligible for edification at the commune, ward or town according to the Criminal Code, the head or vice head of investigation authorities, procuracies or the Trial panel shall decide to implement such remedy against the juvenile criminals in cases that they settle.

2. A decision to implement the remedy of edification at the commune, ward or town shall have these primary details:

a) Number, issue date and issuing place of the decision;

b) Full name, position and signature of the individual authorized to make the decision and seal of the issuing authority;

c) Reasons and grounds of the decision;

d) Full name, date of birth and residential address of the suspect or defendant;

dd) Offence title, applicable points, sections and articles from the Criminal Code;

e) Length of time of the remedy;

g) Responsibilities of local authorities at the commune, ward or town where the remedied person resides.

3. Investigation authorities, procuracies and courts must send their decisions, in 03 days upon issuing a decision to implement the remedy, to the remedied person, his parents or representative, and local authorities at the commune, ward or town they the concerned person reside.

Article 430. Order and procedures of the educational remedy in the reform school

1. The trial panel, when considering penalties not necessary, shall sentence the criminal under 18 to educational remedy in a reform school.

2. A decision to implement the educational remedy in a reform school have these primary details:

a) Number, issue date and issuing place of the decision;

b) Full name and signatures of members of the Trial panel issuing the decision;

c) Reasons and grounds of the decision;

d) Full name, date of birth and residential address of the suspect or defendant;

dd) Offence title, applicable points, sections and articles from the Criminal Code;

e) Length of time of education remedy in the reform school;

g) Responsibilities of the reform school that educate the remedied person.

3. The decision to implement this remedy shall be immediately given to the criminals under 18, their parents or representatives and the reform school.

Chapter XXIX

PROCEDURES FOR CRIMINAL PROSECUTION OF JURIDICAL PERSONS

Article 431. Scope of regulation

Legal proceedings against juridical persons denounced or reported for crimes, or facing requisitions for charges, or investigated, prosecuted or tried, or enforcing sentences shall abide by this Chapter and other regulations in this Law, which are not contrary to this Chapter.

Article 432. Filing of lawsuit and amendments to decisions to file criminal lawsuits

1. Competent authorities, when finding signs of crimes committed by a juridical person, shall file criminal lawsuits according to Article 143, 153 and 154 of this Law.

2. The grounds, order and procedures for amendments to decisions to file criminal lawsuits shall conform to Article 156 of this Law.

Article 433. Filing of charges against suspected juridical persons and amendments to decisions to press such charges

1. Competent authorities, when having sufficient grounds to define a juridical person’s acts as crimes according to the Criminal Code, shall decide to press charges against the juridical person suspected.

2. A decision to charge a juridical person suspected shall specify time and location where the decision is issued; full name and position of the issuer; name and address of the juridical person as per the decision of establishment by a competent authority; offence title and applicable articles of the Criminal Code; time and location of crimes and other particulars of the crimes.

If a juridical person is charged against multiple crimes, the decision to charge the juridical person suspected must specify each offence title and applicable sections and articles of the Criminal Code.

3. The authority, order and procedures for filing of charges against suspects, and amendments to decisions to charge juridical persons suspected shall abide by Article 179 and 180 of this Law.

Article 434. Legal representatives of juridical persons in legal proceedings

1. A juridical person facing criminal prosecution engages in every legal proceeding through its legal representative. The juridical person must assign and assure its legal representative to participate in all activities of charging, investigation, prosecution, adjudication and sentence enforcement at the requests for competent authorities and individuals.

If the legal representative of the juridical person is charged, investigated, prosecuted or tried or cannot engage in legal proceedings, the juridical person must appoint another person as its legal representative in legal proceedings. If the juridical person replaces its legal representative, competent procedural authorities must be promptly informed.

If the juridical person does not have a legal representative or has a variety of legal representatives at the time of charging, investigation, prosecution or adjudication, competent procedural authorities shall appoint a person representing that juridical person in legal proceedings.

2. The legal representative of the juridical person in legal proceedings must provide competent procedural authorities with the information of his full name, date birth, nationality, ethnicity, religion, gender, occupation and position. If such information changes, the legal representative shall promptly inform competent procedural authorities.

Article 435. Rights and duties of a legal representative of a juridical person

1. A legal representative of a juridical person shall be entitled to:

a) Be informed of the result of the processing of criminal information;

b) Be informed of reasons for the filing of charges against the juridical person;

c) Be informed and given explanations of the rights and duties as stated in this Article;

d) Receive decisions to charge the juridical person suspected, to amend the decision to charge, to approve the decision to charge, to ratify the decision to amend the decision to charge, to implement, alter or terminate coercive measures, to suspend or terminate investigation, to suspend or dismiss the case, to bring the case to trial and other procedural decisions; written conclusion of investigation, charging documents, Court's judgments and rulings as per this Law;

dd) Present statements and opinions, bear no obligation to testify against the juridical person he represents or to admit that the juridical person is guilty;

e) Present evidences, documents, items and requests;

g) Request the replacement of authorized procedural persons, expert witnesses, property valuators, interpreters or translators according to this Law;

h) Defend the juridical person or solicit a defense counsel;

i) Read, transcribe and photocopy papers or digital documents related to charges, vindication or other documents regarding the defense of the juridical person, if requested, at the end of the investigation;

k) Attend the trial, pose questions, with the presiding judge’s consent, or ask the presiding judge to question courtroom participants, engage in oral argument session in court;

l) State the last opinion before deliberation;

m) Read the court record, and request amendments to the court record;

n) Appeal the Court’s sentences and rulings;

o) Complain of procedural decisions and actions of competent procedural authorities and persons.

2. A legal representative of a juridical person shall bear duties to:

a) Appear as per authorized procedural persons' subpoenas. The person may be escorted by force if absent not due to force majeure or objective obstacles;

b) Conform to decisions and requests by competent procedural authorities and persons.

Article 436. Coercive measures against juridical person

1. Investigation authorities and units assigned to investigate, procuracies and courts can implement the following coercive measures against a juridical person charged, investigated, prosecuted or tried:

a) Distrainment of assets linked with the juridical person's criminal acts;

b) Freeze the juridical person’s accounts in connection with its criminal acts;

c) Suspend the juridical person's operations associated with its criminal acts in limited time;

d) Impose a pecuniary guarantee of the enforcement of sentences.

2. The length of time of coercive measures as defined in Section 1 of this Article shall not exceed the time limit for investigation, prosecution and adjudication.

Article 437. Distrainment of assets

1. Distrainment of assets applies when amends for damage must be guaranteed or the juridical person is charged, investigated, prosecuted or tried for crimes punishable by mulct as per the Criminal Code.

2. Only parts of assets proportionate to probable degree of seizure, fine or compensation for damage shall be distrained. The head of the juridical person, if overlooking the consumption, use, transfer, swapping, concealing or destruction of distrained assets put under his maintenance, shall incur liabilities as per the laws.

3. The following individuals must be present when the juridical person’s assets are distrained:

a) The legal representative of the juridical person;

b) The representative of local authorities at the commune, ward or town where the juridical person’s assets are located and distrained;

c) Witnesses.

4. The authority, order and procedures for asset distrainment shall abide by Article 128 of this Law.

Article 438. Freezing of  accounts

1. Freezing of a juridical person's accounts, evidently available at a credit institution or State Treasury, applies when amends for damage must be guaranteed or the juridical person is charged, investigated, prosecuted or tried for crimes punishable by mulct as per the Criminal Code.

2. Account freeze also applies to the accounts of other entities evidently found to hold amounts involved in the juridical person’s criminal acts.

3. Only amounts proportionate to probable degree of fine or compensation for damage shall be frozen.

4. Authorities warranted to freeze accounts must give written decisions on account freeze to the representative of the credit institution or State Treasury manaing the accounts of the juridical person or other entities in connection with the juridical person's criminal acts.

5. The authority, order and procedures for account freeze shall abide by Article 129 of this Law.

Article 439. Suspension of a juridical person’s operations associated with that juridical person’s criminal acts in limited time; imposition of pecuniary guarantee of sentence enforcement

1. Suspension of a juridical person's operations in limited time only applies when there are grounds showing that the juridical person's criminal acts undermine or are likely to maim the life and health of human beings, environment or social order and safety.

Competent individuals as defined in Section 1, Article 113 of this Law shall be authorized to issue decisions to suspend a juridical person’s operations in limited time. A decision to suspend a juridical person’s operations, which are issued by individuals as defined in Point a, Section 1, Article 113 of this Law, must be ratified by the equivalent Procuracy before implementation.

The length of time of the suspension of a juridical person's operations must not exceed the time limit for investigation, prosecution and adjudication according to this Law. The length of time of the suspension of a juridical person sentenced shall not exceed the time from the pronouncement of sentences to the juridical person's execution of such sentences.

2. Mandatory pecuniary guarantee of the enforcement of sentences applies to a juridical person charged, investigated, prosecuted or tried for crimes punishable by mulct as per the Criminal Code or assures the amends for damage.

Only an amount propotionate to probable degree of fine or amends shall be imposed to guarantee the enforcement of sentences.

Competent individuals as defined in Section 1, Article 113 of this Law, shall be authorized to issue decisions to compel the juridical person to submit a pecuniary guarantee of the enforcement of sentences. When individuals as defined in Point a, Section 1, Article 113 of this Law issue decisions to compel a juridical person to submit a pecuniary guarantee of the enforcement of sentences, such decisions must be ratified by the equivalent Procuracy before implementation.

The government shall regulate details of the order, procedures and level of the pecuniary guarantee of the enforcement of sentences, custody or return or confiscation of such amount to the state treasury.

Article 440. Summoning of legal representative of juridical person

1. Authorized procedural persons, when summoning the legal representative of a juridical person, must send subpoenas. The subpoena shall specify the full name, residential or work address of the legal representative of the juridical person; time, date and location for his appearance, contact person and liabilities for absence not due to force majeure or objective obstacles.

2. The subpoena shall be sent to the legal representative or to the juridical person. in which the summoned person is working, or local authorities at the commune, ward or town where he resides. Authorities and organizations receiving the subpoena shall be responsible for forwarding it to the legal representative of the juridical person in prompt manner.

The legal representative, upon receiving the subpoena, must affix his signature, date and time of receipt. The forwarder of the subpoena must deliver the subpoena’s section bearing the legal representative’s signature to the authority issuing the subpoena. If the legal representative does not affix signature, a written record of his non-compliance shall be made and sent to the summoning authority. If the subpoena cannot be delivered due to the legal representative’s absence, it shall be given to his family member from 18 years of age, who affixes signature and forward the paper to the legal representative.

3. The legal representative of the juridical person must be present as per the subpoena. Absence not due to force majeure or objective obstacles shall result in authorized procedural persons' decision to escort by force.

Article 441. Elucidation of essential details during legal proceedings against a juridical person charged

1. The existence of criminal acts, time, location and other particulars of criminal acts that fall into the juridical person's criminal liabilities as per the Criminal Code.

2. Errors committed by the juridical person or personnel of the juridical person.

3. Nature and degree of damage caused by the juridical person’s criminal acts.

4. Factors aggravating and mitigating criminal liabilities and other facts related to exemption of punishments.

5. Reasons and conditions that lead to crimes.

Article 442. Deposition of legal representative of juridical person

1. Investigators and investigation officers of units assigned to investigate shall carry out the deposition of the legal representative of a juridical person at the location of investigative activities, at the office of the investigation authority or unit assigned to investigate, or at the juridical person’s office. Investigators and investigation officers, before taking statements, must inform the Procurator and defense counsel of the time and location of deposition. The procurator shall participate in the deposition, if necessary.

2. Investigators and investigation officers of units assigned to investigate, prior to the first deposition, must provide the legal representative of the juridical person with clear explanations of his rights and duties as defined in Article 435 of this Law. The event of explanation shall be recorded in writing. The legal representative may be permitted to write his statements.

3. The deposition of the legal representative of a juridical person shall not occur at night.

4. The procurator shall take statements from the legal representative if he does not admit the juridical person’s criminal acts or complains of investigative activities. If investigative activities breach the laws or other essential events arise, the procurator shall also take statements.

The procurator’s taking of statements from the legal representative shall abide by this Article.

5. The deposition of the legal representative at the office of the investigation authority or unit assigned to investigate must be recorded by sound or sound-and-visual means.

The deposition of the legal representative of a juridical person at other places shall be recorded by sound or sound-and-visual means at the requests for that person or competent procedural authorities and persons.

6. The written record of the deposition of the legal representative of a juridical person shall be made according to Article 178 of this Law

Article 443. Suspension and termination of investigation, dismissal of cases, removal of suspects or defendants

1. Investigation authorities and units assigned to investigate shall decide to suspend investigative activities when expert examination, property valuation or foreign judicial assistance, despite the expiration of the time limit for investigation, is requisitioned to no avail.  In such event, expert examination, valuation process and judicial assistance shall continue until results are achieved.

2. Investigation authorities and units assigned to investigate shall decide to terminate investigation, or the Procuracy or Court shall decide to dismiss the case or remove the suspect or defendant, that is a juridical person, in one of the following events:

a) Criminal acts do not exist;

b) The juridical person’s acts do not constitute crimes;

c) The juridical person’s criminal acts have been sentenced or the case has been dismissed by effective rulings.

d) The time limit for investigation expires but the juridical person’s commission of crimes has not been proved;

dd) The prescriptive period of criminal prosecution expires.

Article 444. Jurisdiction and procedures for trial against juridical person

1. A court, whose location is adjacent to the scene of the juridical person’s crime, shall have jurisdiction over the criminal lawsuits against that crime. If crimes occur in various places or at an unknown site, the Court adjacent to the headquarter or branch of the juridical person shall retain jurisdiction.

2. The trial in the first and second instance, cassation and reopening procedures against a juridical person committing crimes shall abide by Part four and Part six of this Law. The legal representative of the juridical person, Procurator of the equivalent Procuracy, crime victims or their representatives must attend the trial against that juridical person.

Article 445. Authority and procedures for enforcement of sentences against juridical person

1. Heads of civil sentence enforcement authorities shall be authorized to make decisions on the enforcement of pecuniary penalties against a juridical person. The order and procedures for the enforcement of pecuniary penalties shall abide by the Law on civil sentence enforcement.

2. Competent governmental authorities shall be authorized to enforce other penalties and judicial remedies, as defined in the Criminal Code, against a juridical person as per the laws.

3. If the juridical person sentenced is splitted, divided, consolidated or merged, the successive entity inheriting rights and duties from the juridical person sentenced shall be held liable for executing the duties to enforce pecuniary penalties and amends for damage.

Article 446. Expungement of criminal records for eligible juridical person

In 05 days upon the receipt of the request from the juridical person eligible for expungement of criminal records and upon the satisfaction of requirements as defined in Article 89 of the Criminal Code, the President of the Court the held the first-instance trial shall issue a certificate of the expungement of the juridical person's criminal records.

Chapter XXX

PROCEDURES FOR THE ENFORCEMENT OF CIVIL COMMITMENT

Article 447. Circumstances and authority to enforce civil commitment

1. Investigation authorities, procuracies and courts, as per the progress of legal proceedings, shall requisition forensic psychiatric assessment on the grounds that the perpetrators of acts dangerous to society do not have criminal capacity as per Article 21 of the Cirminal Law.

2. The procuracy shall rely on the findings of the forensic psychiatric assessment to make decisions on the enforcement of civil commitment during the stage of investigation and prosecution. Similar decisions during the stage of adjudication and sentence enforcement shall fall into the authority of the Court.

Article 448. Investigative activities against person with uncertain criminal capacity

1. Investigation authorities must clarify these matters on the grounds that the person causing danger to society does not have criminal capacity:

a) The acts endangering society occurred;

b) Mental conditions and illness of the person endangering society;

c) Whether the person endangering society loses sense of awareness or ability to control his actions.

2. Investigation authorities, when conducting legal proceedings, must assure the presence of a defense counsel after the person endangering society is determined to succumb to mental illness or other diseases that deprive him of sense of awareness or ability to control actions. A representative of the mentally ill person can participate in legal proceedings when necessary.

Article 449. Enforcement of civil commitment during the stage of investigation

1. When the forensic psychiatric assessment, as requisitioned by investigation authorities, finds the suspect mentally ill or deprived of sense of awareness or ability to control actions due to other diseases, investigation authorities shall propose in writing civil commitment with findings of the assessment to the equivalent Procuracy for approval.

In 03 days upon the receipt of the written proposition from investigation authorities and findings of the assessment, the Procuracy shall decide to enforce medical treatments against the suspect or request the investigation authorities to requisition further or repeated assessments if considering existing grounds insufficient.

2. If the Procuracy decides to enforce civil commitment, the investigation authorities must decide to suspend or terminate investigative activities against the suspect.

Article 450. Decisions by the Procuracy during the stage of prosecution

1. After receiving the case file and investigative findings, the Procuracy, if finding grounds of the suspect’s possession of no criminal capacity, shall requisition a forensic psychiatric assessment.

2. The procuracy shall consider the findings of the assessment to make one of these decisions:

a) Suspend the case and enforce civil commitment;

b) Dismiss the case and enforce civil commitment;

c) Return the case file for further investigation;

d) Prosecute the suspect before a Court.

3. Apart from civil commitment, the Procuracy can handle other issues of the case.

Article 451. Decisions by the Court during the stage of adjudication

1. The court, after accepting the case and grasping grounds that the suspect or defendant does not possess criminal capacity, shall requisition forensic psychiatric assessment.

2. The court shall consider the findings of the assessment and make one of these decisions:

a) Suspend or dismiss the case and enforce civil commitment;

b) Return case files for repeated or further investigation;

c) Grant exemption of criminal liabilities or penalties, and enforce civil commitment;

d) Try the case.

3. The court, apart from its decision to enforce civil commitment, can handle matters of compensation or other issues of the case.

Article 452. Enforcement of civil commitment against persons incarcerated

1. The prison, detention center or criminal sentence enforcement unit of the provincial Police office shall propose the provincial People’s Court or military Court of the military zone, at the place of a prisoner's imprisonment, to requisition forensic psychiatric assessment on the grounds that such prisoner allegedly succumbs to mental illness or other diseases bereaving him of abilities of perception or action control.

2. The president of the provincial People’s Court or military Court of the military zone, at the place of the prisoner’s imprisonment, shall consider the findings of the forensic psychiatric assessment and decide to suspend the execution of the jail sentence and enforce civil commitment.

The said person, when cured, shall continue serving time if it is unjustifiable to excuse the jail sentence.

Article 453. Complaints, appeals and protests

1. The filing and handling of complaints against a Procuracy's decisions to enforce civil commitment shall abide by Chapter XXXIII of this Law.

2. The filing of appeals or protests to a Court's rulings on the enforcement of civil commitment shall follow the stipulations for appeals or protests to the rulings of a first-instance court in this Law.

3. A decision to enforce civil commitment shall mantain its effect until it is replaced by another decision or rendered void.

Article 454. Termination of civil commitment

1. Civil commitment shall transpire at a mandatory mental treatment facility designated by the Procuracy or Court according to the laws.

2. When the head of the mandatory mental treatment facility announces the successful healing of a person forced to undergo medical treatments, the authority proposing such treatments or the Procuracy or Court enforcing the treatments shall requisition a forensic psychiatric assessment of the conditions of the said person.

The procuracy or court shall consider the assessment's findings on the treated person and decide to terminate civil commitment.

3. The authority proposing civil commitment or the Procuracy or Court must promptly send the decision to terminate treatments to the treatment facility and the representative of the person forced to receive treatments.

4. Legal proceedings and sentences suspended can only be resumed according to this Law.

Chapter XXXI

SUMMARY PROCEDURE

Article 455. Scope of summary procedure

Summary procedure for investigation, prosecution, trial in the first and second instance shall be governed by this Chapter and other stipulations of this Law, which are not contrary to this Chapter.

Article 456. Requirements for the application of summary procedure

1. Summary procedure shall be applied during the stage of investigation, prosecution and trail in the first instance upon the satisfaction of these requirements:

a) The perpetrator of criminal acts confesses or is caught in the act;

b) The crime is plain and evidences are lucid;

c) The crimes committed are misdemeanors;

d) The perpetrator of crimes has manifest address of residence and personal record.

2. Summary procedure shall be applied for trial in the second instance upon the satisfaction of one of these requirements:

a) Summary procedure was applied for the trial in the first instance. Furthermore, appeals or protests are lodged to commute or suspend sentences;

b) Summary procedure was not applied for the trial in the first instance despite the satisfaction of all requirements in Section 1 of this Article. Moreover, appeals or protests are lodged to commute or suspend sentences.

Article 457. Decisions to apply summary procedure

1. In 24 hours upon the satisfaction of requirements in Article 456 of this Law, investigation authorities, procuracies and courts shall decide to apply summary procedure.

Summary procedure shall commence upon the issuance of the decision and end upon the closure of the appellate trial, unless such procedure is terminated according to Article 458 of this Law.

2. The decision to apply summary procedure shall be given to the suspect, defendant or their representatives, and defense counsel in 24 hours upon its issuance.

Investigation authorities or Courts, in 24 hours upon the issuance of their decision to apply summary procedure, shall send such decision to the equivalent Procuracy.

3. The procuracy, when finding the invalidity of investigation authorities’ decisions to apply summary procedure, shall decide to nullify such decisions in 24 hours upon the receipt of such, and inform the investigation authorities.

4. The procuracy, when finding the invalidity of the Court’s decision to apply summary procedure, shall propose its findings to the President of that Court. The court president must consider details and respond in 24 hours upon the receipt of the Procuracy’s propositions.

5. Complaints may be lodged against a decision to apply summary procedure. The suspect, defendant or their representatives shall be entitled to lodge complaints against a decisions to apply summary procedure. The time limit for such complaints shall be 05 days upon the receipt of the decision. Complaints shall be sent to the investigation authorities, procuracies or courts issuing the decision to apply summary procedure. Such complaints, after received, must be settled in 03 days.

Article 458. Nullification of decisions to apply summary procedure

If one of the requirements in Point b, c and d, Section 1, Article 456 of this Law is not satisfied during the summary procedure, investigation authorities, procuracies and courts shall nullify the decisions to apply summary procedure and handle the case according to general regulations in this Law. The same applies if the investigation or the case is suspended or documents are returned for further investigation according to this Law.

The time limit for legal proceedings of the lawsuit shall abide by general stipulations in this Law upon the nullification of the decision to apply summary procedure.

Article 459. Temporary detainment and detention for investigation, prosecution and adjudication

1. Grounds, authority and procedures for temporary detainment and detention shall abide by this Law.

2. The length of time of temporary detainment shall not exceed 03 days upon the investigation authorities’ acquisition of an arrestee.

3. The time limit for temporary detention shall not exceed 20 days during investigation, 05 days during prosecution, 17 days during trial in the first instance, and 22 days during trial in the second instance.

Article 460. Investigation

1. The time limit for investigation under summary procedure shall be 20 days upon the issuance of a decision to file a lawsuit.

2. Investigation authorities, when closing investigation, shall issue decisions to prosecute.

A decision to prosecute shall summarize criminal acts, artifices, motives, purposes, nature and degree of damage caused by criminal acts; preventive and coercive measures implemented, altered or terminated; seizure and impoundment of documents, items, handling of evidences; personal traits of suspects, factors aggravating or mitigating criminal liabilities; reasons and grounds for prosecution; offence titles, applicable points, sections and articles of the Criminal Code; specific time and issuing place of the decision. Such decision must bear the full name and signature of the individual issuing the decision.

3. Investigation authorities, in 24 hours upon issuing a decision to prosecute, must send such decision to the suspect or his representative, defense counsel, crime victims, litigants or their representatives. Moreover, such decision and case files shall be delivered to the Procuracy.

Article 461. Decision to prosecute

1. The procuracy, in 05 days upon receiving a decision to prosecute and case files, shall make one of these decisions:

a) Prosecute the suspect before a Court via the decision to prosecute;

b) Decide not to prosecute the suspect and dismiss the case;

c) Return documents for further investigation;

d) Suspend the case;

dd) Dismiss the case.

2. A decision to prosecute shall summarize criminal acts, artifices, motives, purposes, nature and degree of damage caused by criminal acts; preventive and coercive measures implemented, altered or terminated; seizure and impoundment of documents, items, handling of evidences; personal traits of suspects, factors aggravating or mitigating criminal liabilities; reasons and grounds for prosecution; offence titles, applicable points, sections and articles of the Criminal Code; specific time and issuing place of the decision. Such decision must bear the full name and signature of the individual issuing the decision.

3. The procuracy, in 24 hours upon issuing a decision to prosecute, must send such decision to the suspect or his representative, defense counsel, crime victims, litigants or their representatives and investigation authorities. Moreover, such decision and case files shall be delivered to the Court.

Article 462. Preparation for trial in the first instance

1. The judge appointed to hold trial, in 10 days upon the admission of the case, shall make one of these decisions:

a) Hear the case;

b) Return documents for further investigation;

c) Suspend the case;

d) Dismiss the case.

2. The court, if deciding to hear the case, shall start the trial in 07 days upon the issuance of such decision.

3. The first-instance court, in 24 hours upon deciding to hear the case, must send such decision to the equivalent Procuracy, the defendant or his representative, defense counsel, crime victims, litigants or their representatives.

Article 463. Trial in the first instance

1. A trial under summary procedure in the first instance shall be held by one Judge.

2. The procurator, after the preliminary formalities of the trial, shall announce the decision to prosecute.

3. The order and procedures of this court of first instance shall abide by general stipulations in this Law, without a session of deliberation.

Article 464. Preparation for trial in the second instance

1. The appellate court shall receive and admit case files according to general stipulations in this Law.

The court, after admitting the case, shall send case files to the equivalent Procuracy/ In 05 days, the Procuracy must return case files to the Court.

2. The judge appointed to hold trial, in 15 days upon the admission of the case, shall make one of these decisions:

b) Hear the case in the second instance;

b) Dismiss the appellate lawsuit.

3. The court, if deciding to hear the case in the second instance, shall start the trial in 07 days upon the issuance of such decision.

4. The appellate court, in 24 hours upon deciding to hear the case, must send such decision to the equivalent Procuracy, the defendant or his representative, defense counsel, crime victims, litigants or their representatives.

Article 465. Trial in the second instance

1. An appellate trial under summary procedure shall be held by one Judge.

2. The order and procedures of this court of second instance shall abide by general stipulations in this Law, without a session of deliberation.

Chapter XXXII

RECTIFICATION OF IMPEDIMENTS TO LEGAL PROCEEDINGS

Article 466. Punitive actions against individuals hindering legal proceedings of authorities given authority to institute legal proceedings

When sentenced persons and other participants in legal proceedings commit one of the following acts, competent procedural authorities shall consider the degree of their violations and decide to deliver or escort them by force, to inflict admonitory penalties or fines, to enforce administrative detention or impose obligations to make restitution for consequences caused, or to institute criminal prosecution according to the laws:

1. Falsify or destroy evidences to obstruct the settlement of affairs and cases;

2. Give false statements or documents;

3. Decline deposition or refuse to provide documents or items;

4. Expert witnesses or property valuators give false findings or refuse to conclude expert examinations or valuation tasks not due to force majeure or objective obstacles;

5. Delude, threaten, bribe or use force to make witness testifiers refrain from testifying or give false testimonies;

6. Delude, threaten, bribe or force witness testifiers to refrain from testifying or to give false testimonies;

7. Delude, threaten, bribe or force expert witnesses or property valuators to refrain from their duties or to give findings that deviate from objective truths;

8. Delude, threaten, bribe or force interpreters and translators to refrain from their duties or to provide false translation;

9. Delude, threaten, bribe or force representatives of authorities and organizations and other individuals to refrain from legal proceedings;

10. Defame the honor, dignity and reputation of authorized procedural persons; threaten or use force or commit other acts to obstruct legal proceedings of authorized procedural persons;

11. Have not appeared despite a subpoena not due to force majeure or objective obstacles; therefore, hinder legal proceedings;

12. Prevent the delivery or announcement of procedural documents by competent procedural authorities.

Article 467. Punitive actions against contempt of court

1. Persons in contempt of court shall incur administrative penalties, subject to the nature and degree of their violations, as per the Presiding judge’s orders according to the laws.

2. The presiding judge shall be entitled to expel violators from the courtroom or have them held in administrative detention. Police officers or personnel maintaining court order shall execute the Presiding judge’s orders on expelling or administrative detention of persons disturbing the order of the court.

3. If the violators' disobedience of court rules results in criminal prosecution, the Trial panel shall be entitled to file a criminal lawsuit.

4. The stipulations in this Article shall apply to persons committing violations in a Court’s meeting.

Article 468. Form, authority, order and procedures of punitive actions

Form, authority, order and procedures of punitive actions against the impediments to criminal proceedings shall be governed by the Law on punitive actions against administrative violations and relevant laws.

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.

Chapter XXXIV

PROTECTION OF DENOUNCERS, WITNESS TESTIFIERS, CRIME VICTIMS AND PARTICIPANTS IN LEGAL PROCEEDINGS

Article 484. Persons under protection

1. The following persons shall be protected:

a) Denouncers;

b) Witness testifiers;

c) Crime victims;

d) Kindred of denouncers, witness testifiers, crime victims.

2. Protected persons shall have rights to:

a) Petition for protection;

b) Receive information and explanations of their duties and rights;

c) Be informed of the implementation of protective measures; petition for the alteration, addition or termination of protective measures;

d) Receive amends for damage, have honor restored and have legitimate rights and benefits guaranteed during their protection.

3. Protected persons shall bear duties to:

a) Conform to the protection authorities’ requests regarding the protection;

b) Maintain confidentiality of information protected;

c) Inform the protection authorities of doubts in prompt manner during the protection.

Article 485. Authorities and individuals authorized to decide the implementation of protective measures

1. The following authorities shall be given authority to implement protective measures:

a) Investigation units of the People’s police force;

b) Investigation units of the People’s army.

2. The following individuals shall be given authority to make decisions on protective measures:

a) Heads and vice heads of investigation units of the People’s police force shall be given authority to decide to implement protective measures for criminal issues and cases that they have admitted, handled or investigated or at the requests for the equivalent People's Procuracy or People's Court or Supreme People's Procuracy;

b) Heads and vice heads of investigation units of the People’s army shall be given authority to decide to implement protective measures regarding criminal issues and cases that they have admitted, handled or investigated or at the requests for the equivalent military Procuracy or military Court or Central military procuracy;

3. People’s procuracies and People’s courts shall propose investigation authorities that directly handle the criminal case to implement protective measures, if deemed necessary. Such requests shall be executed in writing.

Investigation units of the Supreme People's Procuracy or Central military procuracy, if finding the necessity of protective measures regarding criminal issues and cases that they have admitted, handled or investigated, shall report to the head of the Supreme People’s Procuracy or Central military procuracy, who shall propose investigation police units, security investigation department of the Ministry of Public Security, criminal investigation department and security investigation department of the Ministry of Defense to issue a decision to implement protective measures.

Article 486. Protective measures

1. Authorities and persons authorized to institute legal proceedings shall decide to implement the following protective measures on the grounds that the life, health, property, honor or dignity of the protected persons are harmed or menaced due to such persons’ provision of evidences, documents and information related to crimes:

a) Deploy personnel, implement professional measures, utilize weapons, support equipment and other means for guard and protection;

b) Constrain the protected persons' travel and interaction for their safety;

c) Maintain and request other people to maintain the confidentiality of information related to the protected persons;

d) Displace protected persons, encase information of their residential place, workplace or educational facility; change their whereabouts, personal records and identities, with their consent;

dd) Deter, warn or attenuate intrusive actions against the protected persons; hinder and resolve intrusive actions in timely manner according to the laws;

e) Other protective measures as per the laws.

2. The implementation and alteration of protective measures as defined in Section 1 of this Article must not impinge on legitimate rights and benefits of the protected persons.

Article 487. Petition for and request for protective measures

1. Protected persons are entitled to petition or request in writing competent authorities to implement protective measures. A written petition or request must contain these primary details:

a) Date;

b) Name and address of the petitioner;

c) Reasons and particulars of the petition for protective measures;

d) The signature or fingerprint of the petitioner. The legal representative of the authority or organization petitioning for protection shall affix the corporate seal or his siganture.

2. In emergency events, the protected persons can state their requests for protective measures to competent authorities and individuals in direct manner or through means of communication; however, such requests must later be submitted in writing.   Competent authorities and individuals, when receiving the petitions and requests, must execute written records for the archive of protection-related files.

3. Units assigned to investigate, procuracies and courts, upon the receipt of a petition or request for protective measures during their procedural actions towards a lawsuit, shall be responsible for considering details and requisitioning the equivalent investigation authority to ratify particulars and decide to implement protective measures. If the higher People's Procuracy or higher People’s Court receives a petition or request for protection, investigation units of the Ministry of Public Security shall consider details and decide to implement protective measures.

4. Investigation authorities must inspect grounds and authenticity of the petition or request for protection. If protective measures are deemed not necessary, relevant reasons must be clearly explained to the petitioner or requester.

Article 488. Decisions to implement protective measures

1. A decision to implement protective measures shall comprise these main details:

a) Number, issue date and issuing place of the decision;

b) Position of the individual making the decision;

c) Grounds of the decision;

d) Full name, date of birth and residential address of the protected person;

d) Protective measures and starting time of such measures.

2. The decision to implement protective measures shall be delivered to the person requesting protection, the protected person, the Procuracy or Court that has proposed protective measures and protection-related authorities and organizations.

3. Upon the issuance of the decision to implement protective measures, competent investigation authorities must enforce such measures. Agencies and units of the People’s Police force and People’s Army, in essential circumstances, shall cooperate with relevant authorities to provide protection.

4. Investigation authorities issuing the decision can alter or add protective measures, if deemed necessary, during the protection.

5. The time of protection shall start upon the implementation of such measures and end upon the decision to terminate protective measures.

Article 489. Termination of protection

1. The head of the investigation authority, which issued the decision to implement protective measures, shall decide to terminate such measures when detriments or menaces against the life, health, property, honor and dignity of the protected person are deemed to vanish.

2. The decision to terminate protective measures must be sent to the protected person, the authority that proposed such measures and protection-related authorities and organizations.

Article 490. Protection-related documents

1. Investigation authorities that decided to implement protective measures must establish protection-related documents.

2. Protection-related documents shall comprise:

a) The petition or written request for protective measures; written records of such petition or request;

b) Results of the verification of detriments or menaces against the life, health, property, honor and dignity of the protected person;

c) Documents on consequential damage that occurred (if any) and competent authorities' solutions;

d) The petition or written request for alteration, addition or termination of protective measures;

dd) The decisions to implement, alter, add or terminate protective measures;

e) Documents on the progress of protective measures implemented;

g) The written proposition or request for the cooperation from authorities and entities in protection-related tasks;

h) Reports on the implementation of protective measures;

i) The decision to terminate protective measures;

k) Other protection-related documents.

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