Chương I Luật tổ chức Viện kiểm sát nhân dân 2014: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes functions, duties, powers and organizational structures of people’s procuracies; procurators and other staffs in people’s procuracies; and assurance of operation of people’s procuracies.

Article 2. Functions and duties of people’s procuracies

1. People’s procuracies are agencies exercising the power to prosecute and supervise judicial activities of the Socialist Republic of Vietnam.

2. People’s procuracies have the duty to safeguard the Constitution and law, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of organizations and individuals, thus contributing to ensuring the strict and unified observance of law.

Article 3. The function of people’s procuracies to exercise the power to prosecute

1. Exercising the power to prosecute means an activity of people’s procuracies in criminal procedure to make the State’s accusation against offenders. The power to prosecute shall be exercised right upon the settlement of reports and information on crimes and recommendations for prosecution and throughout the course of institution, investigation, prosecution and adjudication of criminal cases.

2. People’s procuracies shall exercise the power to prosecute to ensure that:

a/ All offences and offenders shall be detected, charged, investigated, prosecuted and adjudicated in a prompt, strict, accurate, fair and lawful manner, neither let injustice be done on the innocent nor omit offences and offenders;

b/ No person will be charged with an offence, arrested, held in custody or temporary detention or have their human rights or citizens’ rights restricted in contravention of law.

3. When exercising the power to prosecute, people’s procuracies have the following duties and powers:

a/ To request the institution of criminal cases; to cancel illegal decisions on institution or non-institution of criminal cases; to approve or not to approve decisions on initiation of criminal proceedings against the accused issued by investigating agencies or agencies assigned to conduct some investigating activities; to directly institute criminal cases and initiate criminal proceedings against the accused in the cases prescribed by the Criminal Procedure Code;

b/ To decide on, or approve, the application, change or cancellation of measures restricting human rights or citizens’ rights in the settlement of reports and information on crimes and recommendations for prosecution and in the laying of charges, investigation and prosecution in accordance with the Criminal Procedure Code;

c/ To cancel other illegal procedural decisions in the settlement of reports and information on crimes and recommendations for prosecution, and in the laying of charges and investigation by investigating agencies or agencies assigned to conduct some investigating activities;

d/ When necessary, to set investigation requirements and require investigating agencies or agencies assigned to conduct some investigating activities to fulfill such requirements;

dd/ To request concerned agencies, organizations and individuals to provide documents to clarify offences and offenders;

e/ To directly settle reports and information on crimes and recommendations for prosecution; to conduct some investigating activities to clarify grounds for laying charges on offenders;

g/ To investigate crimes of infringing upon judicial activities and corruption- and position- related crimes in judicial activities in accordance with law;

h/ To decide on the application of summary procedure in investigation and prosecution;

i/ To decide on the prosecution and accusation against the accused at court hearings;

k/ To protest against court judgments or decisions in case of injustice, wrongful conviction or omission of offences or offenders;

l/ To perform other duties and exercise other powers in making accusations against offenders in accordance with the Criminal Procedure Code.

Article 4. The function of people’s procuracies to supervise judicial activities

1. Supervising judicial activities means an activity of people’s procuracies to supervise the lawfulness of acts and decisions committed or made by agencies, organizations and individuals in judicial activities. The supervision of judicial activities shall be conducted right upon the receipt and settlement of reports and information on crimes and recommendations for prosecution and throughout the course of settlement of criminal cases; in the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters; in the execution of judgments and settlement of complaints and denunciations about judicial activities; and in other judicial activities in accordance with law.

2. People’s procuracies shall supervise judicial activities to ensure that:

a/ The receipt and settlement of reports and information on crimes and recommendations for prosecution; settlement of criminal cases, administrative cases, civil, marriage and family, business, commercial and labor cases and matters; execution of judgments; settlement of complaints and denunciations about judicial activities; and other judicial activities shall be conducted in accordance with law;

b/ The arrest, custody or temporary detention, execution of imprisonment sentences, and regimes of custody or temporary detention, management and education of persons serving imprisonment sentences must comply with law; human rights and other lawful rights and interests of persons arrested or held in custody or temporary detention and persons serving imprisonment sentences, which are not restricted by law, must be respected and protected;

c/ Court judgments and decisions which are legally valid must be strictly executed;

d/ All violations in judicial activities must be detected and handled in a prompt and strict manner.

3. When performing the function of supervising judicial activities, people’s procuracies have the following duties and powers:

a/ To request agencies, organizations and individuals to conduct judicial activities in accordance with law; inspect judicial activities falling under their competence and notify inspection results to people’s procuracies; provide dossiers and documents to people’s procuracies for the later to examine the lawfulness of acts and decisions in judicial activities;

b/ To directly supervise; verify and collect documents to clarify violations committed by agencies, organizations and individuals in judicial activities;

c/ To handle violations; to request or recommend competent agencies, organizations and individuals to remedy and strictly handle violations in judicial activities; to recommend concerned agencies and organizations to apply measures to prevent violations and crimes;

d/ To protest against illegal court judgments or decisions; to recommend action against illegal acts or decisions committed or made by courts; to protest against illegal acts and decisions committed or made by other competent agencies and persons in judicial activities;

dd/ To supervise the settlement of complaints and denunciations about judicial activities; to settle complaints and denunciations falling under their competence;

e/ To perform other duties and exercise other powers in supervising judicial activities in accordance with law.

Article 5. Protests and recommendations of people’s procuracies

1. People’s procuracies shall protest against acts, judgments or decisions which are committed or made by competent agencies or persons in judicial activities and involve serious violations, infringing upon human rights, citizens’ rights, interests of the State or lawful rights and interests of organizations and individuals. Competent agencies and persons shall settle protests of people’s procuracies in accordance with law.

2. In case acts or decisions committed or made by agencies, organizations or individuals in judicial activities involve violations which are less serious and do not fall into the case subject to protest prescribed in Clause 1 of this Article, people’s procuracies shall recommend these agencies, organizations or individuals to remedy violations and strictly handle violators; if detecting any loopholes or shortcomings in management activities, they shall recommend concerned agencies and organizations to remedy and apply measures to prevent violations and crimes. Related agencies, organizations and individuals shall consider, settle and reply to recommendations of people’s procuracies in accordance with law.

Article 6. Working activities of people’s procuracies

1. People’s procuracies shall perform the function of exercising the power to prosecute through the following activities:

a/ Exercising the power to prosecute in the settlement of reports and information on crimes and recommendations for prosecution;

b/ Exercising the power to prosecute during the stage of institution and investigation of criminal cases;

c/ Exercising the power to prosecute during the stage of prosecution against offenders;

d/ Exercising the power to prosecute during the stage of adjudication of criminal cases;

dd/ Investigating some types of crime;

e/ Exercising the power to prosecute in mutual judicial assistance in criminal matters.

2. People’s procuracies shall perform the function of supervising judicial activities through the following activities:

a/ Supervising the receipt and settlement of reports and information on crimes and recommendations for prosecution;

b/ Supervising the institution and investigation of criminal cases;

c/ Supervising the observance of law by procedure participants during the stage of prosecution;

d/ Supervising the adjudication of criminal cases;

dd/ Supervising the custody, temporary detention and execution of criminal judgments;

e/ Supervising the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters and other matters in accordance with law;

g/ Supervising the enforcement of civil and administrative judgments;

h/ Supervising the settlement of complaints and denunciations about judicial activities by competent agencies in accordance with law; settling complaints and denunciations about judicial activities which fall under their competence;

i/ Supervising mutual judicial assistance activities.

3. Other activities of people’s procuracies include:

a/ Crime statistics; law making; and law dissemination and education;

b/ Training and re-training; scientific research; international cooperation and other activities serving their development.

Article 7. Principles on organization and operation of people’s procuracies

1. A people’s procuracy shall be led by the chief procurator. Chief procurators of people’s procuracies at lower levels shall submit to the leadership of chief procurators of people’s procuracies at higher levels. Chief procurators of people’s procuracies at lower levels shall submit to the unified leadership of the Procurator General of the Supreme People’s Procuracy.

People’s procuracies at higher levels shall inspect and strictly handle violations committed by people’s procuracies at lower levels. Chief procurators of people’s procuracies at higher levels may revoke, suspend or cancel illegal decisions issued by chief procurators of people’s procuracies at lower levels.

2. At the Supreme People’s Procuracy, superior people’s procuracies, people’s procuracies of provinces and centrally run cities, the Central Military Procuracy and military procuracies of military zones and the equivalent, supervisory committees shall be set up to discuss and decide by majority on important issues and give opinions on cases and matters before submission to chief procurators for decision under Articles 43, 45, 47, 53 and 55 of this Law.

Article 8. Coordination responsibility of people’s procuracies

Within the ambit of their functions and duties, people’s procuracies shall coordinate with public security agencies, courts, judgment enforcement agencies, inspection agencies, audit agencies, other state agencies, and the Central Committee and member organizations of the Vietnam Fatherland Front in effectively preventing and fighting crimes; promptly and strictly handling crimes and violations in judicial activities; conducting law dissemination and education; formulating legal documents; conducting training and re-training activities and researching crimes and violations.

Article 9. Rights and responsibilities of agencies, organizations and individuals toward activities of people’s procuracies

1. Concerned agencies, organizations and individuals shall strictly abide by decisions, and fufill requests, recommendations and protests of people’ procuracies; and may recommend action against, and lodge complaints and denunciations about, illegal acts and decisions of people’s procuracies; people’s procuracies shall settle or reply to these recommendations, complaints and denunciations in accordance with law.

2. When having grounds to believe that an act or a decision of a people’s procuracy is groundless or illegal, investigating agencies or agencies assigned to conduct some investigating activities, courts and judgment enforcement agencies may recommend or request the people’s procuracy to reconsider its act or decision. The people’s procuracy shall settle or reply to these recommendations or requests in accordance with law.

3. Agencies, organizations and individuals are prohibited from obstructing or intervening into the exercise of the power to prosecute and supervise judicial activities by people’s procuracies; taking advantage of the right to lodge complaints and denunciations to slander cadres, civil servants, public employees and other employees of people’s procuracies.

Article 10. Supervision of activities of people’s procuracies

The National Assembly and National Assembly agencies, deputies and delegations, People’s Councils and People’s Council deputies, and the Central Committee and member organizations of the Vietnam Fatherland Front shall supervise activities of people’s procuracies in accordance with law.

Article 11. Traditional day and badge of people’s procuracies

1. The traditional day of people’s procuracies is July 26 every year.

2. The badge of people’s procuracies is circular in shape with red background, yellow selvage and radial rays; in the middle is a relief five-pointed gold star encircled by rice ears, below which are a sword and a shield; on the shield is half of a dark-blue cogwheel and two letters “KS” in platinum color; the lower half of the badge is encircled by a red strip in front of which is the phrase “The Socialist Republic of Vietnam”.