Chương 2 Luật Tổ chức Viện Kiểm sát nhân dân 2002: Thực hành quyền công tố và kiểm sát điều tra các vụ án hình sự

Chapter II

EXERCISING THE RIGHT TO PROSECUTION AND PROCURATION OF CRIMINAL CASES

Article 12.- The People’s Procuracies shall exercise the right to prosecution and control the law observance in the investigation of criminal cases by investigating bodies and other agencies which are assigned the task of conducting a number of investigating activities, aiming to ensure that:

1. All criminal acts must be prosecuted, investigated and handled in time, without letting criminals and law offenders go unscathed and without doing injustice to innocent people;

2. No one shall be illegally prosecuted, arrested, put into custody, detained, restricted in civic rights or infringed upon in terms of their lives, health, property, freedom, honor and dignity;

3. The investigation must be objective, all-sided, complete, accurate and lawful; law violations in the process of investigation must be detected and overcome in time and strictly handled;

4. The penal liability examination against defendants must be firmly grounded and lawful.

Article 13.- When exercising the right to prosecution in the period of investigation, the People’s Procuracies shall have the following tasks and powers:

1. To prosecute criminal cases and defendants; to request the investigating agencies to prosecute or change the decision to prosecute criminal cases or defendants;

2. To put forward investigation request and request the investigating bodies to conduct investigation; to directly conduct a number of investigating activities as provided for by law;

3. To request the heads of the investigating bodies to replace investigators as provided for by law; if the investigators acts show signs of criminal offenses, they shall be criminally prosecuted;

4. To decide on the application, change and cancellation of measures of arrest, custody, detention and other preventive measures, to approve or disapprove decisions of investigating bodies as provided for by law;

5. To annul illegal decisions of investigating bodies;

6. To decide on the prosecution of defendants; decide on suspension or temporary cessation of investigation; to suspend or temporarily cease cases.

Article 14.- When carrying out the work of controlling the investigation, the People’s Procuracies shall have the following tasks and powers:

1. To control the prosecution; control the investigating activities and the compilation of case dossiers of the investigating bodies;

2. To control the law observance by persons involved in legal proceedings;

3. To settle disputes over the investigating competence under the provisions of law;

4. To request the investigating bodies to overcome law violations in the investigating activities; to request the heads of the investigating bodies to strictly handle investigators who have committed law violations while conducting the investigation;

5. To propose the concerned agencies, organizations and units to apply measures to prevent crimes and law violations.

Article 15.-

1. The directors, deputy-directors and procurators of the People’s Procuracies must strictly comply with the provisions of law and bear responsibility for their acts and decisions in institution, arrest, custody, detention, prosecution and other decisions according to law provisions.

2. The investigating bodies, the concerned agencies, organizations, people’s armed force units and individuals shall have to strictly abide by the decisions and requests of the People’s Procuracies as provided for by law.

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