Chương II Luật Tổ chức cơ quan điều tra hình sự 2015: Tổ chức bộ máy, nhiệm vụ, quyền hạn của cơ quan điều tra của công an nhân dân

Chapter II

ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF INVESTIGATING BODIES OF THE PEOPLE’S PUBLIC SECURITY

Section 1. ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF THE INVESTIGATING SECURITY OFFICES

Article 15. Organizational apparatus of the investigating security offices

1. The organizational apparatus of the Investigating Security Office of the Ministry of Public Security is composed of investigating sections, operation sections and its office.

2. The organizational apparatus of an investigating security office of a provincial-level Public Security Department is composed of investigating teams, operation teams and an apparatus assisting the investigating security office.

Article 16. Tasks and powers of the Investigating Security Office of the Ministry of Public Security

1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, and propose the institution of criminal cases; to classify and directly handle denunciations and reports on crimes, and propose the institution of criminal cases, which fall under its jurisdiction or promptly transfer them to competent bodies for settlement.

2. To conduct the criminal investigation into particularly serious or complicated crimes involving more than one province or centrally run city or foreigner, which fall under the investigating jurisdiction of the investigating security offices of the provincial-level Public Security Departments defined in Clause 2, Article 17 of this Law if deeming it necessary to directly conduct the investigation; particularly serious cases falling under the investigating jurisdiction of the investigating security offices of the People’s Public Security, which are abrogated by the Judicial Council of the Supreme People’s Court for re-investigation.

3. To guide and direct the investigating operation and examine the law observance and professional operation in investigating and crime-handling activities of the investigating security offices of the provincial-level Public Security Departments; to guide offices of the People’s Security forces of the People’s Public Security, which are tasked to conduct a number of investigating activities, in doing so.

4. To propose concerned agencies and organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.

5. To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes and proposal on institution of criminal cases and crime investigation and handling within the ambit of tasks and powers of the Investigating Security Office of the People’s Public Security.

6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.

Article 17. Tasks and powers of the investigating security offices of the provincial-level Public Security Departments

1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, and propose the institution of criminal cases; to classify and directly handle denunciations and reports on crimes and propose the institution of criminal cases, which fall under their respective jurisdiction or promptly transfer them to competent bodies for settlement.

2. To conduct criminal investigation into the crimes prescribed in Chapter XIII, Chapter XXVI and the crimes prescribed in Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, 337, 338, 347, 348, 349 and 350 of the Penal Code, when those crimes fall under the adjudicating jurisdiction of the people’s courts; to conduct criminal investigation into other crimes infringing upon national security or for assurance of objective investigation as assigned by the Minister of Public Security.

3. To guide the offices of the People’s Security forces of the provincial-level Public Security Departments, which are tasked to conduct a number of investigating activities, in conducting such activities.

4. To propose concerned agencies and organizations to apply measures to address causes of, and conditions giving rise to, crimes.

5. To organize preliminary and final reviews of the receipt and handling of denunciations and reports on crimes and proposal on the institution of criminal cases, and the crime investigation and handling activities of the People's Security forces of the provincial-level Public Security Departments and report thereon to the head of the Investigating Security Office of the Ministry of Public Security.

6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.

Section 2. ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF THE INVESTIGATING POLICE OFFICES

Article 18. Organizational apparatus of the investigating police offices

1. The organizational apparatus of the Investigating Police Office of the Ministry of Public Security is composed of:

a/ Its office;

b/ The Social Order-Related Crime Investigating Police Department (called Criminal Police Department for short);

c/ The Corruption, Economy and Position-Related Crime Investigating Police Department;

d/ The Drug-Related Crime Investigating Department-

dd/ The Police Department for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Department for short).

2. The organizational apparatus of an investigating police office of a provincial-level Public Security Department is composed of:

a/ Its office;

b/ The Social Order-Related Crime Investigating Police Section (called Criminal Police Section for short);

c/ The Corruption, Economy and Position-Related Crime Investigating Police Section;

d/ The Drug-Related Crime Investigating Section;

dd/ The Police Section for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Section for short).

3. The organizational apparatus of an investigating police office of a district-level Public Security Section is composed of:

a/ The General Investigation Team;

b/ The Social Order-Related Crime Investigating Police Team (called Criminal Police Team for short);

c/ The Economy and Position-Related Crime Investigating Police Team;

d/ The Drug-Related Crime Investigating Police Team.

Based on the crime situation and practical requirements, the Minister of Public Security shall decide to set up from one to four teams in an investigating police office of a district-level Public Security Section as defined in this Clause; and decide to disband, merge or consolidate teams in the investigating police offices of the district-level Public Security Sections.

Article 19. Tasks and powers of the Investigating Police Office of the Ministry of Public Security

1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes and propose the institution of criminal cases; to classify and handle denunciations and reports on crimes and propose the institution of criminal cases, which fall under its settling jurisdiction or immediately transfer them to competent bodies for settlement.

2. To conduct investigation into criminal cases falling under the investigating jurisdiction of the investigating police offices of the provincial-level Public Security Departments, regarding particularly serious and complicated crimes occurring in many provinces and centrally run cities or trans-national organized crimes, if deeming it necessary to directly conduct the investigation; particularly serious cases falling under the investigating jurisdiction of the investigating police offices, which are abrogated by the Judicial Council of the Supreme People’s Court for re-investigation.

3. To guide and direct the investigating operation and examine the law observance and professional operation in receipt and handling of denunciations and reports on crimes, proposing the institution of criminal cases and crime investigation and handling activities of the investigating police offices of the provincial-level Public Security Departments and district-level Public Security Sections; to guide offices of the People’s Police forces, which are tasked to conduct a number of investigating activities in conducting such activities.

4. To propose concerned agencies and organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.

5. To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes, proposal on the institution of criminal cases and crime investigation and handling activities falling within the tasks and powers of the investigating police offices of the People’s Public Security.

6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.

Article 20. Tasks and powers of the investigating police offices of the provincial-level Public Security Departments

1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, and propose the institution of criminal cases; to classify and settle denunciations and reports on crimes and propose the institution of criminal cases, which fall under their respective settling jurisdiction or immediately transfer them to competent bodies for settlement.

2. To conduct criminal investigation into the crimes prescribed in Clause 2, Article 21 of this Law when those crimes fall under the adjudicating jurisdiction of the provincial-level people’s courts or the crimes falling under the investigating jurisdiction of the investigating police offices of the district-level Public Security Sections, which occur in many rural districts, urban districts, towns, provincial cities or cities of centrally run cities, organized crimes or crimes involving foreign elements, if deeming it necessary to directly conduct the investigation.

3. To guide and direct the investigating operation and examine the law observance and operation in receipt and handling of denunciations and reports on crimes, proposing the institution of criminal cases and crime investigation and handling activities of the investigating police offices of the district-level Public Security Sections; to guide the offices of the People’s Police force of provincial-level Public Security Departments, which are tasked to conduct a number of investigating activities, in conducting such activities.

4. To propose concerned agencies or organizations to apply measures to redress the causes of, and conditions giving arise to, crimes.

5. To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes, proposal on the institution of criminal cases and crime investigation and handling activities within the functions, tasks and powers of the investigating police offices of the provincial-level Public Security Departments and district-level Public Security Sections.

6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.

Article 21. Tasks and powers of the investigating police offices of district- level Public Security Sections

1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, propose the institution of criminal cases; to classify and settle denunciations and reports on crimes, propose the institution of criminal cases, which fall under their respective settling jurisdiction or immediately transfer them to competent bodies for settlement.

2. To conduct criminal investigation into the crimes prescribed in Chapters from XIV to XXIV of the Penal Code when those crimes fall under the adjudicating jurisdiction of the district-level people’s courts, excluding crimes under the investigating jurisdiction of the Investigating Office of the Supreme People’s Procuracy and the Investigating Security Office of the People’s Public Security.

3. To propose concerned agencies or organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.

4. To inspect and guide the public security offices of communes, wards, townships, public security stations in performing the tasks of receiving, examining and preliminarily verifying denunciations and reports on crimes.

5. To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes, proposal on the institution of criminal cases and crime investigation and handling activities of the investigating police offices of district-level Public Security Sections.

6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.