Legal basic

Criminal Procedure Code 2015

Regulation

Responsibility to receive and competence to settle denunciations, information and petitions to prosecute criminal cases

• Agencies and organizations must not refuse to receive denunciations, information on crimes, and petitions for prosecution (Article 145.1 of the Criminal Procedure Code 2015).
• Agencies and organizations responsible for receiving include (Article 145.2 Criminal Procedure Code 2015):

• Investigating agencies and procuracoes receive denunciations and reports on crimes and propose prosecutions;
• Other agencies and organizations receive denunciations and information on crimes.

• Competence to settle denunciations and information on crimes and petitions for prosecution (Article 145.3 Criminal Procedure Code 2015):

• Investigating agencies shall settle denunciations and reports on crimes and propose prosecutions according to their investigating competence;
• Agencies assigned to conduct a number of investigative activities, settle denunciations and reports on crimes according to their investigation competence;
• The Procuracy shall handle denunciations and information on crimes, and propose prosecution in case it is discovered that the investigating agency or agency tasked with conducting a number of investigation activities has committed serious violations of law in the field of law. activities of inspecting and verifying denunciations and reports on crimes, proposing to prosecute or showing signs of omission of crimes that the Procuracy has requested in writing but has not been remedied.

Procedures for receiving denunciations and reports on crimes and petitions for prosecution

Within 3 days from the date of receipt of denunciations, crime reports or petitions for prosecution, the investigating agency or the agency tasked with the task shall notify in writing of such receipt to the Procuracy together with the investigation agency. competent authorities or procuracies.

• Agencies, organizations and individuals that directly denounce and report on crimes or propose prosecution:

• Investigating agencies, procuracies, agencies are tasked to: make a record of receipt, record in the receipt book (can be audio or video recording of the reception).

• In case of detecting denunciations or reports that are not within their jurisdiction:

• Investigating agencies and agencies assigned to: immediately transfer denunciations, crime reports, and petitions for prosecution, together with relevant documents received, to the competent investigating bodies.
• The Procuracy: immediately transfer denunciations, crime reports, and petitions for prosecution together with relevant documents received to the competent investigating bodies.
• In the case specified in Article 145.3.c (detecting serious violations): within 05 days from the date of request of the Procuracy, the competent agency which is accepting and handling the case must transfer relevant dossiers. agency to the Procuracy for consideration and settlement.

• Police of wards, towns, police stations: receive denunciations and reports of crimes, make a record of receipt, conduct preliminary inspection and verification, immediately transfer denunciations and reports of crimes attached. relevant documents and objects to the competent investigating agency.
• Commune police: receive denunciations and reports on crimes, make a record of receipt, take initial statements, immediately transfer denunciations and reports on crimes together with relevant documents and objects to the competent investigation agency.

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