>>Basic principles of criminal procedure law
>>Development of criminal procedures in Vietnam
Pham Diem
State and Law Institute of Vietnam
Based on the characteristics of procedural acts and criminal procedures which are divided into different and successive steps, the law provides for bodies entitled to perform procedural acts corresponding to such steps.
Under the Criminal Procedure Code, criminal procedure-conducting bodies include investigating bodies, procuracies and courts. These bodies have their own functions, tasks and powers but operate in a close and uniform inter-relation in all criminal-procedure activities which, however, aim to quickly and accurately detect and promptly and fairly deal with all criminal acts without missing out any criminals or doing injustice upon innocent persons.
Investigating bodies play an extremely important position in the state apparatus. In criminal procedures, they are the first to conduct criminal procedures, having the task to investigate all crimes and apply measures prescribed by the Criminal Procedure Code in order to determine offenses and offenders, compile files, propose prosecution, find out causes and conditions for committing offenses, and request concerned agencies and organizations to apply measures to address and prevent crimes.
Investigating bodies provide courts with quantitative and qualitative evidences on offenses and offenders. To help courts try offenders in a lawful manner, investigating bodies must gather basic evidences, including those confirming the guilt and those confirming no-guilt as well as circumstances aggravating or extenuating the penal liability of detainees or defendants. In other words, to settle criminal cases, adequate evidences confirming circumstances of such cases, which are gathered by investigating bodies, are required.
Investigating bodies include:
- The People’s Police’s investigating bodies, which are competent to investigate all crimes defined in Chapter XII thru Chapter XXII of the Penal Code, except offenses falling under the jurisdiction of courts martial and cases to be investigated by procuracies.
- The People’s Security’s investigating bodies, which are competent to investigate crimes of infringing upon national security, crimes of undermining peace against humankind, and war crimes.
- The People’s Army’s investigating bodies, which are competent to investigate all offenses committed by army men, military trainees managed by the army or other persons who cause damage to the army, which fall under the jurisdiction of courts martial.
- The procuracy’s investigating bodies, which are competent to investigate crimes of infringing upon judicial activities, offenses detected directly by the procuracies in the process of performing their duties, which they deem unnecessary to transfer to other investigating bodies, and cases in which they detect serious violations in investigating activities.
In addition to the above investigating bodies, the Criminal Procedure Code also defines a number of other agencies that are competent to conduct a number of investigative activities even though they are not investigating bodies. They include the border guard, customs agencies, ranger agencies and marine police which, due to the particularities of their work and working environment, are easy to discover offenses. These agencies will coordinate and cooperate with investigating bodies in ensuring fast and effective investigation and timely detection of offenses and offenders. However, after instituting cases, starting to investigate offenses and applying preventive measures, they must immediately notify them to competent procuracies and transfer cases to competent investigating bodies.
Investigating activities must be carried out on the basis of certain principles.
Investigating activities must respect the truth; be conducted in an objective, comprehensive and full manner; quickly and accurately discover criminal acts; clarify the accusing and defending evidences as well as circumstances aggravating or extenuating offenders’ penal liability. They must neither omit criminals nor do injustice upon innocent persons.
This is an extremely important principle. It stems from the nature and position of investigating activities in criminal procedures, which are directly related to proper settlement of cases as well as to the interests and dignity of men and to the non-omission of criminals.
Investigating activities must comply with law and principles defined in the Criminal Procedure Code. This will guarantee objective investigation, protection of citizens’ legitimate rights and interests and respect for the rules of social life.
Subordinate investigating bodies are subject to the direction and guidance of superior investigating bodies which guide investigating activities, set investigative requirements, demand change of investigators and request their subordinates to report on the investigating process and results.
Procuracies
The procuracies also conduct criminal procedures. In the field of criminal justice, the procuracies have two basic functions: practicing the right to prosecution and controlling criminally judicial activities.
In exercising the state-delegated right to prosecution, the procuracies are entitled to criminally examine offenders, bring offenders to courts for trial and charge them with criminal acts they have committed.
Controlling criminally judicial activities means the inspection and supervision of activities of procedure-conducting bodies and officials in the course of criminal procedures.
The procuracies exercise their right to prosecution and control the law observance in the investigation of criminal cases by investigating bodies and other agencies tasked to conduct a number of investigative activities, aiming to ensure that all criminal acts are brought to legal action, investigated and settled in time, without letting anyone be unlawfully prosecuted, arrested, detained, restricted in civic rights or have their lives, health, property and honor illegally infringed upon.
They also exercise their right to prosecution and control the law observance in the trial of criminal cases. When practicing the right to prosecution before courts, the procuracies concurrently control the trial of criminal cases, ensuring the strict, timely, accurate and lawful trial of offenders. If detecting violations in trial activities, the procuracies may protest against court judgments or rulings according to appellate trial, cassation or reopening trial procedures.
The procuracies oversee and inspect the law observance in arresting and detaining persons, aiming to ensure the latter’s legitimate rights and interests.
Courts
Also being criminal procedure-conducting bodies, the courts are the only bodies competent to try criminal cases. In criminal proceedings, the courts’ jurisdiction to try criminal cases is determined based on three main criteria: (i) matters, namely characteristics (severity) of offenses or cases; (ii) places where offenses are committed or offenders reside or other places prescribed by law; and (iii) offenders’ personal characteristics, particularly for courts martial to distinguish their jurisdiction from that of the people’s courts.-