Chương 3 Pháp lệnh 23/2004/PL-UBTVQH11: Quyền hạn điều tra của các cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra

Chapter III

INVESTIGATING POWERS OF THE AGENCIES TASKED TO CONDUCT A NUMBER OF INVESTIGATING ACTIVITIES

Article 19.- Investigating powers of the Border Guard

1. If the Border Guard, when performing the tasks in its management domain, detect the crimes prescribed in Chapter XI and Articles 119, 120, 153, 154, 172, 180, 181, 188, 192, 193, 194, 195, 196, 230, 232, 236, 264, 273, 274 and 275 of the Penal Code committed in the land border areas, coasts, islands and sea areas managed by the Border Guard, the director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard commanders, the chiefs of border-guard stations shall have the powers:

a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, call for expertise when necessary, initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, complete the investigation and transfer the case files to the competent procuracies within twenty days as from the date of issuing decisions to institute the cases;

b) For serious, very serious, exceptionally serious crimes or less serious but complicated crimes, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases; when deeming it necessary to immediately prevent offenders from escape, destruction of exhibits or further commission of crimes, to immediately send such persons to police offices and ask for the urgent arrest warrants of the competent bodies; to transfer the case files to competent investigating agencies within seven days as from the date of issuing decisions to institute the cases;

c) To apply preventive measures according to the provisions of the Criminal Procedure Code.

2. The director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard commanders, the border-guard station chiefs shall directly organize and direct the investigating activities, decide to assign or replace their respective deputies in investigation of criminal cases, inspect the investigating activities, decide to change or annul groundless and illegal decisions of their deputies, settle denunciations according to the provisions of the Criminal Procedure Code.

When the director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard commanders or border-guard station chiefs are absent, one of their deputies shall be authorized to perform the their powers prescribed in this Clause and must bear responsibility before their heads for the assigned tasks.

3. When assigned to investigate criminal cases, the deputy-director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard deputy-commanders and the border-guard station deputy-chiefs may apply the investigating measures prescribed in Clause 1 of this Article.

4. The director and deputy-directors of the Border Guard Reconnaissance Department, the commanders and deputy-commanders of the provincial/municipal Border Guard, the chiefs and deputy-chiefs of the border-guard stations must be answerable before law for their acts and decisions.

Article 20.- Investigating powers of the Customs

1. If the Customs offices, when performing tasks in their management domain, detect the crimes prescribed in Articles 153 and 154 of the Penal Code, the director of the Smuggle Investigation Department, the director of the Post-Customs Clearance Inspection Department, the directors of the provincial/municipal Customs Departments, the heads of the border-gate Customs Sub-Departments shall have the powers:

a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, to conduct body searches, search of storage places in the customs control areas, to call for expertise when necessary, to initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, to complete investigations and transfer the case files to the competent procuracies within twenty days as from the date of issuance of decisions to institute the cases;

b) For serious, very serious, exceptionally serious crimes or less serious but complicated crimes, to issue decisions to institute the cases, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, to conduct body searches, search of storage places in the areas controlled by the Customs, transfer the case files to the competent investigating agencies within seven days after the issuance of the decisions to institute the cases.

2. The director of the Smuggle Investigation Department, the director of the Post-Customs Clearance Inspection Department, the directors of the provincial/municipal Customs Departments, the heads of the border-gate Customs Sub-Departments shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to change or annul groundless and illegal decisions of their deputies, to settle denunciations according to the Criminal Procedure Code.

When the director of the Smuggle Investigation Department, the director of the Post-Customs Clearance Inspection Department, the directors of the provincial/municipal Customs Departments or the heads of the border-gate Customs Sub-Departments are absent, one of their deputies shall be authorized to perform their powers prescribed in this Clause and such deputies must take responsibility before their heads for the assigned tasks.

3. When assigned to investigate criminal cases, the deputy-directors of the Smuggle Investigation Department, the deputy-directors of the Post-Customs Clearance Department, the deputy-directors of the provincial/municipal Customs Departments, the deputy-heads of the border-gate Customs Sub-Departments may apply the investigating measures prescribed in Clause 1 of this Article.

4. The director and deputy-directors of the Smuggle Investigation Department, the director and deputy-directors of the Post-Customs Clearance Inspection Department, the directors and deputy-directors of the provincial/municipal Customs Departments, the heads and deputy-heads of the border-gate Customs Sub-Departments must be answerable before law for their acts and decisions.

Article 21.- Investigating powers of the Ranger

1. If the Ranger offices, when performing tasks in their management domain, detect the crimes prescribed in Articles 175, 189, 190, 191, 240 and 272 of the Penal Code, the director of the Ranger Department, the directors of the Ranger Sub-Departments, the heads of the Ranger Sections, the heads of Forest Products Inspection Sections shall have the powers:

a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, call for expertise when necessary, to initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, complete the investigations and transfer the case files to competent procuracies within twenty days after the issuance of decisions to institute the cases;

b) For serious, very serious, exceptionally serious crimes or less serious but complicated crimes, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, transfer the case files to competent investigating agencies within seven days after the issuance of decisions to institute the cases.

2. The director of the Ranger Department, the directors of Ranger Sub-Departments, the heads of the Ranger Sections, the heads of the Forest Products Inspection Sections shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, to inspect the investigating activities, to decide to change or annul groundless or illegal decisions of their deputies, to settle denunciations according to the provisions of the Criminal Procedure Code.

When the director of the Ranger Department, the directors of the Ranger Sub-Departments, the heads of the Ranger Sections, the heads of the Forest Products Inspection Sections are absent, one of their deputies shall be authorized to perform their powers prescribed in this Clause and must bear responsibility to their heads for the assigned tasks.

3. When assigned to investigate criminal cases, the deputy-directors of the Ranger Department, the deputy-directors of the Ranger Sub-Departments, the deputy-heads of the Ranger Sections and the deputy-heads of the Forest Products Inspection Sections may apply the investigating measures prescribed in Clause 1 of this Article.

4. The director and deputy-directors of the Ranger Department, the directors and deputy-directors of the Ranger Sub-Departments, the heads and deputy-heads of the Ranger Sections, the heads and deputy-heads of the Forest Products Inspection Sections must be answerable before law for their acts and decisions.

Article 22.- Investigating powers of the Coast Guard force

1. If the Coast Guard units, when performing tasks in their management domain, detect the crimes prescribed in Chapter XI and Articles 153, 154, 172, 183, 188, 194, 195, 196, 212, 213, 221, 223, 230, 231, 232, 236, 238, 273 and 274 of the Penal Code committed in the sea areas and continental shelf of the Socialist Republic of Vietnam, which are managed by the Coast Guard, the director of the Department, the regional commanders, the fleet commanders, the flotilla commanders and the heads of Coast Guard teams shall have the powers:

a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, to call for expertise when necessary, to initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, complete the investigations and transfer the case files to competent procuracies within twenty days after the issuance of decisions to institute the cases;

b) For serious, very serious, exceptionally serious crimes or less serious but complicated crimes, to issue decisions to institute the cases, to examine the scenes, to conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, transfer the case files to competent investigating bodies within seven days after the issuance of decisions to institute the cases;

c) To apply preventive measures as prescribed by the Criminal Procedure Code.

2. The director of the Department, the regional commanders, the fleet commanders, the flotilla commanders and leaders of the Coast Guard teams shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to change or annual groundless and illegal decisions of their deputies, settle denunciations under the provisions of the Criminal Procedure Code.

When the director of the Coast Guard Department, regional commanders, fleet commanders, flotilla commanders and Coast Guard team leaders are absent, they shall authorize one of their deputies to perform their powers prescribed in this Clause and such deputies must bear responsibility to their heads for the assigned tasks.

3. When assigned to investigate criminal cases, the deputy-directors of the Department, the regional deputy-commanders, the fleet deputy-commanders, the flotilla deputy-commanders and Coast Guard team deputy-leaders may apply the investigating measures prescribed in Clause 1 of this Article.

4. The director and deputy-directors of the Department, the regional commanders and deputy-commanders, the fleet commanders and deputy-commanders, the flotilla commanders and deputy-commanders, the Coast Guard team leaders and deputy-leaders must be answerable before law for their acts and decisions.

Article 23.- Investigating powers of other agencies of the police force in the People's Police, which are tasked to conduct a number of investigating activities

1. If the Road-Railway Traffic Police Department, the Waterway Traffic Police Department, the Fire-Fighting Police Department, the Police Department for Administrative Management of Social Order, the Guard and Judicial Assistance Police Department, the Road-Railway Traffic Police Sections, the Waterway Traffic Police Sections, the Fire-Fighting Police Sections, the police sections for administrative management of social order, the guard and judicial assistance police sections, the remand homes, the detention camps, while performing their respective tasks, detect signs of crimes falling under the investigating competence of the investigating police agencies prescribed in Article 11 of this Ordinance, the director of the Road-Railway Traffic Police Department, the director of the Waterway Traffic Police Department, the director of the Fire-Fighting Police Department, the director of the Police Department for Administrative Management of Social Order, the director of the Guard and Judicial Assistance Police Department, the heads of the Road-Railway Traffic Police Sections, the heads of the Waterway Traffic Police Sections, the heads of the Fire-Fighting Police Sections, the heads of the police sections for administrative management of social order, the heads of the police sections for guard and judicial assistance, the superintendents of remand homes, detention camps shall issue decisions to institute the cases, take testimonies, examine the scenes, conduct searches, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, transfer the case files to competent investigating police agencies within seven days after the issuance of decisions to institute the cases.

2. The Department directors and section directors prescribed in Clause 1 of this Article, the remand home superintendents, detention camp superintendents shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to change or annul groundless and illegal decisions of their deputies, settle denunciations according to the provisions of the Criminal Procedure Code.

When the Department directors, section heads, remand home superintendents, detention camp superintendents are absent, one of their deputies shall be authorized to perform the heads' powers prescribed in this Clause and such deputies shall bear responsibility to their heads for the assigned tasks.

3. When assigned to investigate criminal cases, the deputy-directors of the Departments, section deputy-heads, remand home deputy-superintendents, detention camp deputy-superintendents may apply the investigating measures prescribed in Clause 1 of this Article.

4. The Department directors and deputy directors, the section heads and deputy heads, the remand home superintendents and deputy-superintendents, the detention camp superintendents and deputy-superintendents must be answerable before law for their acts and decisions.

Article 24.- Investigating powers of other agencies of the security force in the People's Police, which are tasked to conduct a number of investigating activities

1. If security departments or security sections of the provincial-level Police Departments, which are directly engaged in the struggle to prevent and combat the crimes prescribed in Article 12 of this Ordinance, detect criminal signs while performing their tasks, the directors of such departments or the heads of such sections shall issue decisions to institute the cases, take testimonies, examine the scenes, conduct searches, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases; when deeming it necessary to immediately prevent offenders from escape, destruction of exhibits or further commission of crimes, they must immediately escort such persons to police offices and ask for the urgent arrest warrants of competent bodies; within seven days after the issuance of the decisions on case institution, they must transfer the case files to competent investigating security agencies.

If the security teams in the district-level police sections, while performing their tasks, detect signs of crimes falling under the investing competence of the investigating security agencies of the provincial-level Police Departments, they must immediately hunt for the escapees, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases and promptly report thereon to the provincial-level investigating security agencies.

2. The directors of the Departments, the heads of the sections, defined in Clause 1 of this Article, shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to replace or annul the groundless and illegal decisions of their deputies, settle denunciations under the provisions of the Criminal Procedure Code.

When the directors of the security departments, the heads of the security sections of the provincial-level Police Departments are absent, one of their deputies shall be authorized to perform the heads' powers specified in this Clause and must bear responsibility to their heads for the assigned tasks.

3. When assigned to investigate criminal cases, the deputy-directors of the security departments, the deputy-heads of the security sections of the provincial-level Police Departments may apply the investigating measures prescribed in Clause 1 of this Article.

4. The Department directors and deputy directors, the section heads and deputy heads must be answerable before law for their acts and decisions.

Article 25.- Investigating powers of other agencies in the People's Army, which are tasked to conduct a number of investigating activities

1. The remand home superintendents and the detention camp superintendents, if detecting while performing their tasks the signs of crimes which fall under the investigating competence of the criminal investigation agencies and are serious enough for penal liability examination, shall issue decisions to institute the cases, examine the scenes, take testimonies, conduct searches, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, transfer the case files to the competent criminal investigation agencies within seven days after the issuance of the decisions to institute the cases.

When the remand home superintendents or the detention camp superintendents are absent, one of their deputies shall be authorized to perform their heads' powers specified in this Clause and bear responsibility to their heads for the assigned tasks.

2. The commanders of independent regiment- or equivalent-level units, when detecting criminal acts which fall under the investigating competence of the investigating agencies in the People's Army and occur within the areas where their respective units are stationed, shall have the right to make records on crimes caught in the act, take testimonies, conduct searches, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, apply the preventive measures under the provisions of the Criminal Procedure Code, promptly transfer the case files to the competent investigating agencies.

3. The remand home superintendents, the detention camp superintendents, commanders of independent regiment- or equivalent-level units must be answerable before law for their acts and decisions.