Chương 3 Luật Tổ chức Viện Kiểm sát nhân dân 2002: Thực hành quyền công tố và kiểm sát xét xử các vụ án hình sự

Chapter III

EXERCISING THE RIGHT TO PROSECUTION AND CONTROLLING THE ADJUDICATION OF CRIMINAL CASES

Article 16.- In the period of adjudicating criminal cases, the People’s Procuracies shall have to exercise the right to prosecution and ensure that the prosecution applies to the right persons, the right offenses and in strict compliance with law, without letting criminals and law offenders go unscathed; and to control the adjudication of criminal cases with a view to ensuring that the adjudication is conducted in a lawful, just and timely manner.

Article 17.- When exercising the right to prosecution in the period of adjudicating criminal cases, the People’s Procuracies shall have the following tasks and powers:

1. To read the indictments, decisions of the People’s Procuracies relating to the settlement of cases at court sessions;

2. To argue against defendants at first-instance court hearings, to state their opinions on the settlement of cases at the appellate court hearings; to debate with counselors and other persons involved in legal proceedings at first-instance and appellate court hearings;

3. To state their opinions on the settlement of cases at supervisory and review court sessions.

Article 18.- When controlling the adjudication of criminal cases, the People’s Procuracies shall have the following tasks and powers:

1. To control the law observance in the adjudicating activities of the People’s Courts;

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

3. To control judgments and decisions of the People’s Courts as provided for by law;

4. To request the People’s Courts of the same and subordinate levels to transfer dossiers of criminal cases for consideration of and decision on the protest.

Article 19.- When exercising the right to prosecution and controlling criminal cases, the People’s Procuracies may make protests according to appellate, supervisory and review procedures against judgments and/or decisions of People’s Courts according to law provisions; propose the People’s Courts of the same and subordinate levels to redress violations in the adjudicating scope; propose the concerned agencies, organizations and units to apply measures to prevent crimes and law violations; if signs of criminal offenses are detected, the criminal institution shall apply.