Chương II Luật tổ chức Viện kiểm sát nhân dân 2014: Các công tác thực hiện chức năng, nhiệm vụ của Viện kiểm sát nhân dân

Chapter II

ACTIVITIES TO PERFORM THE FUNCTIONS AND DUTIES OF PEOPLE’S PROCURACIES

Section 1. EXERCISING THE POWER TO PROSECUTE AND SUPERVISE THE RECEIPT AND SETTLEMENT OF REPORTS AND INFORMATION ON CRIMES AND RECOMMENDATIONS FOR PROSECUTION

Article 12. Duties and powers of people’s procuracies in exercising the power to prosecute in the settlement of reports and information on crimes and recommendations for prosecution

1. To approve or not to approve the arrest of persons in urgent cases, extension of custody and application of other measures restricting human rights or citizens’ rights in settling reports and information on crimes and recommendations for prosecution.

2. To cancel temporary custody decisions and other procedural decisions issued illegally by competent agencies in settling reports and information on crimes and recommendations for prosecution.

3. When necessary, to set out examination and verification requirements and request agencies competent to settle reports and information on crimes and recommendations for prosecution to fulfill such requirements.

4. To directly settle reports and information on crimes and recommendations for prosecution in cases which involve serious violations or show signs of omitting crimes and have not yet been remedied despite of requests of people’s procuracies.

5. To perform other duties and exercise other powers so as to exercise the power to prosecute in accordance with the Criminal Procedure Code so as to prevent the omission of offenders and injustice.

Article 13. Duties and powers of people’s procuracies in supervising the receipt and settlement of reports and information about crimes and recommendations for prosecution

1. To receive reports and information on crimes and recommendations for prosecution from organizations, agencies and individuals and forward them to competent investigating agencies for settlement.

2. To supervise the observance of law by investigating agencies and agencies assigned to conduct some investigating activities in the receipt of reports and information on crimes and recommendations for prosecution. Investigating agencies and agencies assigned to conduct some investigating activities shall fully and promptly notify people’s procuracies of reports and information on crimes and recommendations for prosecution they have received.

3. To directly supervise; and supervise the examination and verification of, making of dossiers on, and results of settlement of, reports and information on crimes and recommendations for prosecution of investigating agencies and agencies assigned to conduct some investigating activities. Investigating agencies and agencies assigned to conduct some investigating activities shall fully and promptly notify people’s procuracies of verification and settlement results.

4. When detecting that the receipt and settlement of reports and information on crimes and recommendations for prosecution are conducted in an incomplete or unlawful manner, people’s procuracies shall request investigating agencies and agencies assigned to conduct some investigating activities:

a/ To receive, examine, verify, and issue decisions on settlement of, reports and information on crimes and recommendations for prosecution in a complete and lawful manner;

b/ To inspect the receipt and settlement of reports and information on crimes and recommendations for prosecution and notify inspection results to people’s procuracies;

c/ To provide documents on violations in the receipt and settlement of reports and information on crimes and recommendations for prosecution;

d/ To remedy violations and strictly handle violators.

5. To settle disputes over competence to settle reports and information on crimes and recommendations for prosecution.

6. To perform other duties and exercise other powers in supervising the receipt and settlement of reports and information on crimes and recommendations for prosecution in accordance with the Criminal Procedure Code.

Section 2. EXERCISING THE POWER TO PROSECUTE AND SUPERVISE THE INVESTIGATION OF CRIMINAL CASES

Article 14. Duties and powers of people’s procuracies when exercising the power to prosecute during the stage of investigation of criminal cases

1. To request investigating agencies and agencies assigned to conduct some investigating activities to institute criminal cases or initiate criminal proceedings against the accused or change or supplement decisions on institution of criminal cases or initiation of criminal proceedings against the accused.

2. To cancel decisions on institution of criminal cases, decisions on change or supplementation of decisions on institution of criminal cases or decisions on non-institution of criminal cases, which are issued illegally; to approve or cancel decisions on initiation of criminal proceedings against the accused, decisions on change or supplementation of decisions on initiation of criminal proceedings against the accused, which are issued illegally.

3. To institute, or change or supplement decisions on institution of, criminal cases and initiate, or change or supplement decisions on initiation of, criminal proceedings against the accused in the cases prescribed by the Criminal Procedure Code.

4. To approve or not to approve the arrest of persons in urgent cases, extension of custody or temporary detention, and other measures restricting human rights or citizens’ rights.

5. To decide to apply, change, or cancel the application of, the measures of arrest, custody or temporary detention, deterrent measures and other measures restricting human rights and citizens’ rights in accordance with law.

6. To approve, not to approve or cancel other procedural decisions of investigating agencies and agencies assigned to conduct some investigating activities.

7. To set out investigation requirements and request investigating agencies and agencies assigned to conduct some investigating activities to conduct investigation to clarify offences and offenders; to request investigating agencies to pursue the accused.

8. To directly conduct some investigating activities to examine or supplement documents or evidences when approving orders or decisions of investigating agencies or agencies assigned to conduct some investigating activities or detecting signs of injustice or wrongful conviction or omission of crimes and violations which have not yet been remedied in spite of requests of people’s procuracies.

9. To institute or request investigating agencies to institute criminal cases when detecting criminal signs of acts committed by competent persons in the settlement of reports and information on crimes and recommendations for prosecution or in the laying of charges or investigation.

10. To decide to extend the investigation or temporary detention time limit, transfer cases, apply summary procedure and apply the measure of compulsory medical treatment.

11. To perform other duties and exercise other powers in exercising the power to prosecute in accordance with the Criminal Procedure Code.

Article 15. Duties and powers of people’s procuracies when supervising the investigation of criminal cases

1. To supervise the observance of law in institution, investigation and compilation of files of criminal cases by investigating agencies and agencies assigned to conduct some investigating activities.

2. To supervise criminal procedure activities of procedure participants; to request or recommend competent agencies, organizations and individuals to strictly handle procedure participants who commit violations.

3. To settle disputes over investigating competence;

4. To request investigating agencies and agencies assigned to conduct some investigating activities to provide relevant documents serving the supervision of the observance of law in the institution and investigation of criminal cases when necessary.

5. To recommend or request investigating agencies and agencies assigned to conduct some investigating activities to remedy violations committed in the institution and investigation of criminal cases.

6. To request heads of investigating agencies and agencies assigned to conduct some investigating activities to change investigators or investigative officers and strictly handle investigators or investigative officers who commit violations in procedural activities.

7. To recommend concerned agencies and organizations to apply measures to prevent crimes and violations.

8. To perform other duties and exercise other powers in supervising the investigation of criminal cases in accordance with the Criminal Procedure Code.

Section 3. EXERCISING THE POWER TO PROSECUTE AND SUPERVISE JUDICIAL ACTIVITIES DURING THE STAGE OF PROSECUTION

Article 16. Duties and powers of people’s procuracies when exercising the power to prosecute during the stage of prosecution

1. To decide to apply, change or cancel the application of, the measures of arrest, custody or temporary detention and other measures restricting human rights or citizens’ rights in accordance with law; to request investigating agencies to pursue the accused.

2. To request agencies, organizations and individuals to provide documents related to cases when necessary.

3. To directly conduct some investigating activities to examine or supplement documents or evidences so as to decide to institute criminal cases or in case additional investigation is requested by courts but people’s procuracies deem it unnecessary to return case files to investigating agencies.

4. To decide to institute criminal cases or initiate criminal proceedings against the accused, change or supplement decisions on institution of criminal cases or initiation of criminal proceedings against the accused if detecting that the cases involve other criminal offences or offenders that have not yet been prosecuted and investigated, and return case files to investigating agencies for additional investigation.

5. To decide on the separation, consolidation or transfer of cases for prosecution according to jurisdiction, application of summary procedure and application of the measure of compulsory medical treatment.

6. To decide to extend or not to extend the prosecution time limit and the period of application of a deterrent measure.

7. To decide to prosecute or not to prosecute the accused.

8. To decide to cease or suspend cases or the accused; to decide to resume cases or the accused status.

9. To perform other duties and exercise other powers to decide on the prosecution in accordance with the Criminal Procedure Code.

Article 17. Duties and powers of people’s procuracies in supervising judicial activities during the stage of prosecution

1. To supervise criminal procedure activities of procedure participants; to request or recommend competent agencies, organizations and individuals to strictly handle procedure participants who commit violations.

2. To recommend concerned agencies and organizations to apply measures to prevent crimes and violations.

3. To perform other duties and exercise other powers in supervising judicial activities in accordance with the Criminal Procedure Code.

Section 4. EXERCISING THE POWER TO PROSECUTE AND SUPERVISE THE ADJUDICATION OF CRIMINAL CASES

Article 18. Duties and powers of people’s procuracies when exercising the power to prosecute during the stage of adjudication of criminal cases

1. To announce indictments or prosecution decisions according to summary procedure and other decisions on accusation against the accused at court hearings.

2. To inquire, arraign, argue and present their viewpoints on the settlement of cases at court hearings.

3. To protest against court judgments or decisions if detecting injustice, wrongful conviction or omission of offences and offenders.

4. To perform other duties and exercise other powers in making accusations in accordance with the Criminal Procedure Code.

Article 19. Duties and powers of people’s procuracies when supervising the adjudication of criminal cases

1. To supervise the observance of law in adjudication of criminal cases by courts.

2. To supervise court judgments and decisions.

3. To supervise criminal procedure activities of procedure participants; to request or recommend competent agencies and organizations to strictly handle procedure participants who commit violations.

4. To request courts at the same or lower levels to transfer criminal case files so as to consider and decide to make protests.

5. To protest against court judgments or decisions involving serious violations of procedural regulations.

6. To exercise the right to make requests and recommendations, perform other duties and exercise other powers in supervising the adjudication of criminal cases in accordance with the Criminal Procedure Code.

Section 5. INVESTIGATING ACTIVITIES OF INVESTIGATING AGENCIES OF PEOPLE’S PROCURACIES

Article 20. Investigating competence of investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy

Investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy shall investigate crimes of infringing upon judicial activities and corruption- and position-related crimes committed in judicial activities by cadres or civil servants of investigating agencies, courts, people’s procuracies or judgment enforcement agencies or persons competent to conduct judicial activities in accordance with law.

Article 21. Exercising the power to prosecute and supervise the observance of law by investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy

The Supreme People’s Procuracy and the Central Military Procuracy shall exercise the power to prosecute and supervise the observance of law in the receipt and settlement of reports and information on crimes and recommendations for prosecution; and the laying of charges and investigation by their investigating agencies as prescribed in Articles 12, 13, 14 and 15 of this Law, and the Criminal Procedure Code.

Section 6. SUPERVISION OF THE CUSTODY, TEMPORARY DETENTION, AND EXECUTION OF CRIMINAL JUDGMENTS

Article 22. Duties and powers of people’s procuracies when supervising custody and temporary detention

1. People’s procuracies shall supervise the observance of law by competent agencies and persons in holding persons in custody or temporary detention.

2. When supervising custody and temporary detention, people’s procuracies have the following duties and powers:

a/ To conduct direct supervision at custody houses and detention camps; to ask persons held in custody or temporary detention about the custody or temporary detention;

b/ To supervise custody and temporary detention dossiers;

c/ To request heads of custody houses and superintendents of detention camps to conduct inspection of custody or temporary detention and notify inspection results to people’s procuracies, provide dossiers and documents related to custody or temporary detention, notify the situation of custody or temporary detention, and answer questions about illegal custody or temporary detention decisions, measures or acts;

d/ To decide to immediately release persons who are held in custody or temporary detention in a groundless or unlawful manner;

dd/ To protest against illegal custody or temporary detention decisions and recommend or request agencies and persons competent to conduct custody or temporary detention to suspend the implementation of, amend or annul, illegal custody or temporary detention decisions, or terminate violations and handle violators;

e/ To institute or request investigating agencies to institute criminal cases when detecting cases showing criminal signs in custody or temporary detention in accordance with law;

g/ To settle complaints and denunciations, perform other duties and exercise other powers in supervising custody or temporary detention in accordance with law.

Article 23. Settlement of complaints and denunciations about custody and temporary detention

1. People’s procuracies shall settle complaints and denunciations about custody and temporary detention.

2. Agencies and persons competent to conduct custody and temporary detention matters shall forward complaints and denunciations of persons held in custody or temporary detention to people’s procuracies within 24 hours after receipt.

3. Chief procurators of people’s procuracies of rural districts, urban districts, towns, provincial cities and the equivalent, chief procurators of people’s procuracies of provinces and centrally run cities, chief procurators of regional military procuracies and chief procurators of military procuracies of military zones and the equivalent shall settle complaints about illegal decisions and acts in custody and temporary detention made or committed by competent agencies or persons subject to their supervision.

Chief procurators of procuracies at higher levels may settle complaints about the settlement of complaints by chief procurators of procuracies at lower levels; complaint settlement decisions of chief procurators of procuracies at higher levels are legally valid decisions.

4. Chief procurators are competent to settle denunciations about illegal acts in custody or temporary detention committed by competent persons under their supervision.

Past the law-prescribed time limits, if denunciations have not yet been settled, chief procurators of higher-level procuracies may settle denunciations; conclusions on denunciation contents of chief procurators of higher-level procuracies are final.

Article 24. Responsibilities to implement custody- or temporary detention-related requests, recommendations, protests and decisions of people’s procuracies

1. Heads of custody houses and superintendents of detention camps shall implement the following custody- or temporary detention-related requests, recommendations, protests and decisions of people’s procuracies:

a/ Requests for provision of dossiers and documents related to custody or temporary detention must be implemented immediately; requests for notification of the situation of custody and temporary detention and requests for explanation about illegal decisions, measures or acts in custody or temporary detention must be implemented within 15 days after receipt; requests for self-inspection of custody or temporary detention and notification of inspection results to people’s procuracies must be implemented within 30 days after receipt;

b/ Decisions specified at Point d, Clause 2, Article 22 of this Law must be implemented immediately; heads of custody houses and superintendents of detention camps shall still implement such decisions even if they disagree therewith, but they may lodge complaints to competent higher-level procuracies. Chief procurators of higher-level procuracies shall settle such complaints within 10 days after receipt;

c/ Protests specified at Point dd, Clause 2, Article 22 of this Law must be settled within 15 days after receipt; if disagreeing with such protests, heads of custody houses or superintendents of detention camps may lodge complaints to competent higher-level procuracies; higher-level procuracies shall settle such complaints within 15 days after receipt; decisions of higher-level procuracies are legally valid decisions.

2. For recommendations specified at Point dd, Clause 2, Article 22 of this Law, competent agencies, organizations and individuals shall consider and settle them and give replies in accordance with the law on custody and temporary detention.

Article 25. Duties and powers of people’s procuracies when supervising the execution of criminal judgments

1. People’s procuracies shall supervise the observance of law by courts, criminal judgment enforcement agencies, agencies and organizations assigned to perform some criminal judgment execution duties, competent persons, and agencies, organizations and individuals involved in criminal judgment execution.

2. When supervising the execution of criminal judgments, people’s procuracies have the following duties and powers:

a/ To request courts to issue decisions on execution of criminal judgments; to request courts, criminal judgment enforcement agencies, and agencies and organizations assigned to perform some criminal judgment execution duties to conduction inspection of the execution of criminal judgments and notify inspection results to people’s procuracies and provide dossiers and documents related to the execution of criminal judgments;

b/ To directly supervise the execution of criminal judgments; to supervise criminal judgment execution dossiers. People’s procuracies of provinces and centrally run cities shall directly supervise the execution of imprisonment sentences at prisons based in their localities;

c/ To decide to immediately release persons serving imprisonment sentences which have been imposed in a groundless or unlawful manner;

d/ To request the exemption from, postponement, suspension or cancellation of the serving of sentences; to participate in considering the reduction of or exemption from execution of sentences or judicial measures or shortening of probation period;

dd/ To protest against illegal acts and decisions committed or made by competent agencies and persons in criminal judgment execution;

e/ To recommend or request agencies, organizations and individuals to terminate and remedy violations in criminal judgment execution and strictly handle violators;

g/ To institute or request investigating agencies to institute criminal cases when detecting cases showing criminal signs in criminal judgment execution in accordance with law;

h/ To perform other duties and exercise other powers in supervising criminal judgment execution in accordance with the law on criminal judgment execution.

Article 26. Responsibility to implement criminal judgment execution-related requests, recommendations, protests and decisions of people’s procuracies

1. Requests for issuance of criminal judgment execution decisions in accordance with law and requests for provision of dossiers and documents related to criminal judgment execution must be immediately implemented.

2. Courts, criminal judgment enforcement agencies and agencies and organizations assigned to perform some criminal judgment execution duties shall implement requests for self-inspection of criminal judgment execution and notification of self-inspection results to people’s procuracies within 30 days after receipt.

3. Competent agencies, organization and individuals shall consider, settle, reply to, or implement, criminal judgment execution-related recommendations, protests and other requests of people’s procuracies in accordance with the Law on Execution of Criminal Cases.

Section 7. SUPERVISION OF THE SETTLEMENT OF ADMINISTRATIVE CASES, CIVIL, MARRIAGE AND FAMILY, BUSINESS, COMMERCIAL AND LABOR CASES AND MATTERS AND OTHER MATTERS IN ACCORDANCE WITH LAW; SUPERVISION OF THE EXECUTION OF CIVIL AND ADMINISTRATIVE JUDGMENTS

Article 27. Duties and powers of people’s procuracies when supervising the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters and other matters in accordance with law

1. To supervise the return of petitions and requests.

2. To supervise the acceptance and settlement of cases and matters.

3. To collect documents and evidences in the cases prescribed by law.

4. To attend court hearings and meetings and present their viewpoints on the settlement of cases and matters in accordance with law.

5. To supervise court judgments and decisions.

6. To supervise procedural activities of procedure participants; to request or recommend competent agencies and organizations to strictly handle procedure participants who commit violations.

7. To make protests or recommendations against court judgments or decisions involving violations; to recommend or request courts, agencies, organizations and individuals to conduct procedural activities.

8. To perform other duties and exercise other powers in supervising the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters and other matters in accordance with law.

Article 28. Duties and powers of people’s procuracies when supervising the execution of civil and administrative judgments

1. To supervise the issuance, handover, interpretation and correction of court judgments or decisions.

2. To directly supervise judgment enforcement by civil judgment enforcement agencies at the same and lower levels, enforcers and related agencies, organizations and individuals.

3. To supervise judgment execution dossiers.

4. To attend court meetings and present their viewpoints on the consideration for exemption from or reduction of the judgment execution obligation related to state budget remittances.

5. To supervise operations of agencies, organizations and individuals involved in judgment execution.

6. To request courts and civil judgment enforcement agencies at the same and lower levels, enforcers, and agencies, organizations and individuals involed in judgment execution:

a/ To issue judgment enforcement decisions in accordance with law;

b/ To execute judgments and decisions in accordance with law;

c/ To conduct self-inspection of judgment execution and notify self-inspection results to people’s procuracies;

d/ To provide dossiers, documents and exhibits related to judgment execution.

Requests specified at Points a, b and d of this Clause must be implemented immediately; requests specified at Point c of this Clause must be implemented within 30 days after receipt.

7. To recommend courts and civil judgment enforcement agencies of the same and lower levels, enforcers and agencies, organizations and individuals to fully discharge their responsibilities in judgment execution.

8. To protest against court decisions, decisions and acts of heads and enforcers of civil judgment enforcement agencies at the same and lower levels in accordance with law; to request the suspension of judgment execution, amendment or annulment of judgment enforcement decisions containing violations or termination of violations.

9. To perform other duties and exercise other powers in supervising the execution of civil and administrative judgments in accordance with law.

Section 8. SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS AND SUPERVISION OF THE SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS ABOUT JUDICIAL ACTIVITIES

Article 29. Settlement of complaints and denunciations about judicial activities which fall under the competence of people’s procuracies

1. People’s procuracies are competent to settle the following complaints:

a/ Complaints about procedural acts and decisions committed or made by competent persons of people’s procuracies in exercising the power to prosecute and supervise judicial activities;

b/ Complaints about procedural acts and decisions committed or made by heads of investigating agencies; complaints about results of settlement of complaints about procedural decisions or acts of investigators or deputy heads of investigating agencies by heads of investigating agencies;

c/ Complaints about procedural acts and decisions of competent persons of agencies assigned to conduct some investigating activities;

d/ Complaints about custody and temporary detention;

dd/ Complaints about acts and decisions on management and education of prisoners committed or made by persons assigned to manage and educate prisoners;

e/ Other complaints as prescribed by law.

2. People’s procuracies are competent to settle the following denunciations:

a/ Denunciations about violations committed by competent persons of people’s procuracies when exercising the power to prosecute and supervise judicial activities;

b/ Denunciations about violations in activities of persons competent to conduct some investigating activities;

c/ Denunciations about violations committed by competent persons in arrest, custody or temporary detention;

d/ Denunciations about violations committed by persons assigned to manage and educate prisoners;

dd/ Other denunciations as prescribed by law.

3. When settling complaints and denunciations, people’s procuracies have the following duties and powers:

a/ To receive, classify, accept, examine and verify complaints and denunciations;

b/ To request agencies, organizations and individuals to explain and provide relevant dossiers and documents;

c/ To apply necessary measures to prevent possible damage;

d/ To issue decisions on settlement of complaints and conclusions on denunciation contents;

dd/ To notify decisions on settlement of complaints and conclusions on denunciation contents to complainants or denunciators.

Article 30. Duties and powers of people’s procuracies when supervising the settlement of complaints and denunciations about judicial activities

1. To directly supervise the settlement of complaints and denunciations about judicial activities by competent agencies in accordance with law.

2. To request competent agencies to issue decisions on settlement of complaints and conclusions on denunciation contents, inspect the settlement of complaints and denunciations in judicial activities by themselves and lower levels and notify inspection results to people’s procuracies and provide relevant dossiers and documents to people’s procuracies.

3. To make conclusions on supervision and exercise of the right to make recommendations or protests in accordance with law.

Article 31. Responsibility to report on the settlement of complaints and denunciations about judicial activities of the Supreme People’s Procuracy

1. The General Procurator of the Supreme People’s Procuracy shall report on the settlement of complaints and denunciations about judicial activities to the National Assembly.

2. Biannually and annually, the Supreme People’s Court, the Ministry of Public Security, the Ministry of National Defense and the Ministry of Justice shall notify in writing the Supreme People’s Procuracy of the settlement of complaints and denunciations about judicial activities.

The Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Supreme People’s Court, Ministry of Public Security, Ministry of National Defense and Ministry of Justice in, guiding the implementation of this Clause.

Section 9. EXERCISING THE POWER TO PROSECUTE AND SUPERVISE MUTUAL LEGAL ASSISTANCE ACTIVITIES

Article 32. Duties and powers of people’s procuracies when exercising the power to prosecute in mutual legal assistance in criminal matters

1. To decide to transfer foreign countries’ requests for mutual legal assistance in criminal matters to competent Vietnamese investigating agencies for institution or investigation of criminal cases.

2. To request foreign competent agencies to summon witnesses and expert witnesses; collect and provide evidences and documents; and examine penal liability of offenders.

3. To perform the duties and exercise the powers prescribed in Articles 14, 16 and 18 of this Law in case competent Vietnamese agencies conduct investigation, prosecution and adjudication of criminal cases at the request of foreign countries.

4. To perform other duties and exercise other powers when exercising the power to prosecute in mutual legal assistance in criminal matters in accordance with the Criminal Procedure Code and the Law on Mutual Legal Assistance.

Article 33. Duties and powers of people’s procuracies when supervising mutual legal assistance activities

1. To supervise the observance of law by agencies and persons conducting and participating in mutual legal assistance in criminal or civil matters, expatriation and transfer of persons serving imprisonment sentences.

2. To attend court meetings on expatriation or transfer of persons serving imprisonment sentences and present their viewpoints.

3. To protest against court decisions on expatriation or transfer of persons serving imprisonment sentences, which contain violations.

4. To exercise the right to make requests and recommendations, perform other duties and exercise other powers in supervising mutual legal assistance in accordance with law.

Section 10. CRIME STATISTICS AND OTHER ACTIVITIES

Article 34. Crime statistics

1. People’s procuracies shall assume the prime responsibility for making crime statistics and coordinate with concerned agencies in making criminological statistics.

2. Within the ambit of their functions and tasks, procedure-conducting agencies and other related agencies shall coordinate with people’s procuracies in making crime statistics.

Article 35. Scientific research

Within the ambit of their functions and duties, people’s procuracies shall conduct criminological research and scientific research in prosecution-related matters so as to contribute to fulfilling their functions and duties and preventing and combating crimes and violations.

Article 36. Law making

The Supreme People’s Procuracy may recommend and submit draft laws and ordinances; assume the prime responsibility for, and coordinate with concerned agencies and organizations in, drafting laws; promulgate legal documents falling under its competence in accordance with the law on promulgation of legal documents.

Article 37. Training and retraining

1. People’s procuracies shall conduct professional training and retraining to create human resources and elevate qualifications of their procurators, investigators, examiners and other civil servants and public employees in accordance with law.

2. Training institutions of people’s procuracies may provide training and retraining in various forms in accordance with law.

Article 38. International cooperation

People’s procuracies shall enter into international cooperation in training, retraining, scientific research, and in negotiation for, conclusion of, and accession to, mutual legal assistance agreements and other international agreements in accordance with law.

Article 39. Law dissemination and education

Through exercising the power to prosecute and supervise judicial activities, people’s procuracies shall conduct law dissemination and education, thus contributing to the prevention and combat of crimes and violations.

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