Chapter III
ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF THE INVESTIGATING BODIES IN THE PEOPLE’S ARMY
Section 1. ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF INVESTIGATING SECURITY OFFICES IN THE PEOPLE’S ARMY
Article 22. Organizational apparatus of the investigating security offices in the People’s Army
1. The organizational apparatus of the Investigating Security Office of the Ministry of National Defense is composed of investigating sections, professional sections and assisting apparatus.
2. The organizational apparatus of a military zone or equivalent-level investigating security office is composed of the investigating board and assisting apparatus.
Based on the tasks and organization of the People’s Army in each period, the Government shall propose the National Assembly Standing Committee to decide on the establishment or dissolution of military zone or equivalent-level investigating security offices.
Article 23. Tasks and powers of the Investigating Security Office of the Ministry of National Defense
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, propose the institution of criminal cases, which fall under its settling jurisdiction or immediately transfer them to competent bodies for settlement.
2. To conduct the investigation into criminal cases which fall under the investigating jurisdiction of the military zone or equivalent-level investigating security offices and are particularly serious and complicated and occur in many military zones or equivalent units or involving foreign elements, if deeming it necessary to directly conduct the investigation; particularly serious cases falling under the investigating jurisdiction of the Investigating Security Office of the People’s Army, 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
operation in crime investigation and handling activities of military zone or equivalent-level investigating security offices; to guide the Border-Guards, Marine Police forces and other agencies of the People’s Army, which are tasked to conduct a number of investigating activities, in conducting such activities according to their competence.
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 within the scope of tasks and powers of the investigating security offices in the People’s Army.
6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.
Article 24. Tasks and powers of military zone or equivalent-level investigating security offices
1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, propose the institution of criminal cases; to classify and handle denunciations and reports on crimes, propose the institution of criminal cases under their settling jurisdiction or immediately transfer them to competent bodies for settlement.
2. Military zone or equivalent-level investigating security offices shall investigate criminal cases prescribed in Chapters XIII and XXVI and the crimes prescribed at 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 military courts.
3. To propose concerned agencies and organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.
4. 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 military zone or equivalent-level investigating security offices and report thereon to the head of the Investigating Security Office of the Ministry of National Defense.
5. To settle complaints and denunciations in accordance with the Criminal Procedure Code.
Section 2. ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF CRIMINAL INVESTIGATION BODIES IN THE PEOPLE’S ARMY
Article 25. Organizational apparatus of the criminal investigation bodies in the People’s Army
1. The organizational apparatus of the Criminal Investigation Office of the Ministry of National Defense is composed of its investigation sections, professional sections and assisting apparatus.
2. The organizational apparatus of a military zone or equivalent-level criminal investigation office is composed of its investigation board and assisting apparatus.
3. The organizational apparatus of a regional criminal investigation office is composed of its investigation section and assisting apparatus.
4. Based on the tasks and organization of the People’s Army in each period, the Government shall propose the National Assembly Standing Committee to decide on the establishment, merger or dissolution of the military zone or equivalent-level criminal investigation offices and regional criminal investigation offices.
Article 26. Tasks and powers of the Criminal Investigation Office of the Ministry of National Defense
1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, propose the institution of criminal cases; to classify and handle denunciations and reports on crimes and propose the institution of criminal cases falling under its settling jurisdiction or immediately transfer them to competent bodies for settlement.
2. To conduct the investigation into criminal cases which fall under the investigating jurisdiction of the military zone or equivalent-level criminal investigation offices, are particularly serious and complicated, and occur in many military zones or equivalent units or transnational organized crimes, if deeming it necessary to directly conduct the investigations; particularly serious crimes falling under the investigating jurisdiction of the criminal investigation offices in the People’s Army, which are abrogated by the Judicial Council of the Supreme People’s Court for re-investigation.
3. To examine, guide and direct the investigating operation and examine the law observance in the receipt and handling of denunciations and reports on crimes, proposal on institution of criminal cases and crime investigation and handling activities of military zone or equivalent-level criminal investigation offices and regional criminal investigation offices; to guide the Border- Guards, Marine Police forces and other bodies of the People’s Army, which are tasked to conduct a number of investigating activities, in conducting such activities according to their competence.
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 the receipt and handling of denunciations and reports on crimes, proposal on institution of criminal cases and crime investigation and handling activities falling within the tasks and powers of the criminal investigation offices in the People’s Army.
6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.
Article 27. Tasks and powers of the military zone or equivalent-level criminal investigation offices
1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, propose the institution of criminal cases; to classify and handle denunciations and reports on crimes, propose the institution of criminal cases according to their respective settling jurisdiction or immediately transfer them to competent bodies for settlement.
2. To conduct the investigation into criminal cases prescribed in Clause 2, Article 28 of this Law when such crimes fall under the adjudicating jurisdiction of the military zone or equivalent- level military courts or crimes falling under the investigating jurisdiction of the regional criminal investigation offices, 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, proposal on the institution of criminal cases and crime investigation and handling activities of the regional criminal investigation offices; to guide other bodies of the People’s Army, which are tasked to conduct a number of investigating activities, in conducting such activities according to their competence.
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 under the tasks and powers of military zone or equivalent-level criminal investigation offices.
6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.
Article 28. Tasks and powers of the regional criminal investigation offices
1. To organize anti-criminal on-duty activities, receive and handle denunciations and reports on crimes, propose the institution of criminal cases; to classify and handle denunciations and reports on crimes, propose the institution of criminal cases according to their respective settling jurisdiction or immediately transfer them to competent bodies for settlement.
2. To conduct the investigation into criminal cases prescribed in Chapters from XIV to XXV of the Penal Code when those crimes fall under the adjudicating jurisdiction of the same-level military courts, excluding the crimes falling under the investigating jurisdiction of the Central Military Procuracy and the investigating security offices in the People’s Army.
3. To propose concerned agencies and organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.
4. To organize preliminary and final reviews of the receipt and handling of denunciations and reports on crimes, proposal on the institution of criminal cases and crime investigation and handling activities, which fall under the tasks and powers of the regional criminal investigation offices.
5. To settle complaints and denunciations in accordance with the Criminal Procedure Code.
Tìm kiếm
Luật Tổ chức cơ quan điều tra hình sự 2015 (Bản Pdf)
Luật Tổ chức cơ quan điều tra hình sự 2015 (Bản Word)
