Chương VI Luật Tổ chức cơ quan điều tra hình sự 2015: Quan hệ phân công và phối hợp trong hoạt động điều tra hình sự

Chapter VI

RELATIONS OF RESPONSIBILITY DIVISION AND COORDINATION IN CRIMINAL INVESTIGATION ACTIVITIES

Article 40. Relations between the investigating bodies and agencies tasked to conduct a number of investigating activities

1. The relations among the investigating bodies, between the investigating bodies and agencies tasked to conduct a number of investigating activities and among the agencies tasked to conduct a number of investigating activities are relations of responsibility division and coordination.

2. The investigating bodies shall guide and direct the investigating operation of the agencies tasked to conduct a number of investigating activities. The agencies tasked to conduct a number of investigating activities shall comply with written requests of the investigating bodies.

3. The investigating bodies shall receive case files transferred by the agencies tasked to conduct a number of investigating activities according to their competence and notify handling results to the agencies that have transferred the case files.

4. For matters showing criminal signs while the investigating jurisdiction is not yet clearly defined, the investigating body that detects them first shall immediately conduct investigating activities in accordance with the Criminal Procedure Code and this Law; when the investigating jurisdiction is defined, the case files shall be transferred to the competent investigating bodies in accordance with the Criminal Procedure Code.

5. The agencies tasked to conduct a number of investigating activities, after decide to institute criminal cases and apply deterrent measures according to their competence, shall immediately send their decisions to procuracies and notify them to competent investigating bodies.

6. The People’s Police, People’s Security and Military Surveillance units shall support and comply with requests of heads or deputy heads of investigating bodies, investigators and heads and deputy heads of the agencies tasked to conduct a number of investigating activities in their investigating activities.

Article 41. Mandated investigation

When necessary, an investigating body may mandate investigation to another investigating body. A mandate decision must clearly state specific requirements. The entrusted investigating bodies shall fully perform the mandated tasks within the time limits set by the mandating investigating bodies.

If the entrusted investigating bodies cannot partially or wholly perform the mandated tasks, they shall immediately notify such in writing to the mandating investigating bodies, clearly stating the reason.

Article 42. Relations between investigating units and reconnaissance units

1. Relations between investigating units and reconnaissance units are the relations of coordination and support in detecting, stopping, investigating, handling and preventing crimes.

2. In their relations with investigating units, reconnaissance units have the following responsibilities:

a/ To apply necessary measures prescribed by law to detect law violations and provide information to investigating units for investigation and handling;

b/ To apply professional measures to support investigating units in conducting investigating activities, collecting documents and evidences, stopping crimes and arresting offenders;

c/ To apply necessary measures to ward off law violations and crimes according to their assigned functions, tasks and powers;

d/ To detect loopholes and shortcomings in the state management, social management and economic management so as to request concerned agencies and organizations to apply remedies;

dd/ To apply necessary measures prescribed by law to limit or eliminate the causes of, and conditions giving rise to, crimes and law violations.

3. In their relations with reconnaissance units, investigating units have the following responsibilities:

a/ To provide information on crimes and offenders to reconnaissance units so as to perform the functions and tasks prescribed in Clause 2 of this Article;

b/ To coordinate with reconnaissance units in assessing and identifying the loopholes and shortcomings in the state management, social management and economic management so as to request concerned agencies or organizations to apply remedies;

c/ To assess causes of, and conditions giving rise to, crimes, modes and tricks in committing crimes in criminal cases for exchange of ideas and coordination with reconnaissance units in the crime prevention and detection.

4. Heads of investigating bodies shall decide to apply necessary measures in operational coordination between investigating units and reconnaissance units in investigating criminal cases. The measures prescribed in Clauses 2 and 3 of this Article must be kept secret in accordance with the law on protection of state secrets.

Article 43. Responsibilities of heads of public security and army offices at different levels for criminal investigation activities

Within the ambit of their respective tasks and powers, heads of public security and army offices at different levels involved in criminal investigation organization and activities have the following responsibilities:

1. To strictly comply with law in order to ensure the independence and objectiveness in procedural decisions and acts of investigators and other job titles in criminal investigation activities;

2. To provide necessary conditions regarding human resources, physical and technical foundations, equipment, funds and other necessary conditions for criminal investigation activities;

3. To direct and organize forces for coordinating and supporting criminal investigation activities;

4. To conduct activities and apply measures prescribed by the Law on People’s Public Security, Law on National Security and other relevant laws for collection of necessary information and documents in support of criminal investigation activities;

5. To organize forces to support procedure-conducting agencies in the application of deterrent measures, collection of evidences and protection of criminal procedure activities;

6. To apply measures prescribed by law in order to prevent acts obstructing, or falsifying results of, the investigation and handling of criminal cases.

Article 44. Responsibilities of public security offices of communes, wards or townships and public security stations

1. Commune public security offices shall receive denunciations and reports on crimes, make records of receipt, take initial testimonies and immediately transfer crime denunciations and reports, enclosed with relevant documents and objects, to competent investigating bodies.

2. Ward or township public security offices, public security stations shall receive denunciations and reports on crimes, make records of receipt, proceed with examination and preliminary verification and immediately transfer crime denunciations and reports, enclosed with relevant documents and objects, to competent investigating bodies.

3. In case commune, ward or township public security offices, public security stations detect, arrest or receive offenders caught red-handed or wanted persons, they shall seize, hold in custody weapons and dangerous instruments and protect relevant documents and objects, make records of arrest, take initial testimonies, protect crime scenes in accordance with law; immediately escort arrested persons to immediate superior public security offices or promptly report thereon to competent investigating bodies.