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National Assembly adopted the Draft Law on Organization of Criminal Investigation Agency

On 26 November, the Draft Law on Organization of Criminal Investigation Agency was adopted by the 13th National Congress in its 10th plenum by 86.44 percentage of deputies voting for.

The Law on Organization of Criminal Investigation Agency comprises of 10 chapters, 73 articles, stipulating principles in conducting criminal investigation; organizational structure, duties and authorities of the Investigation Agency; duties and authorities of the agency assigned to conduct investigatory actions; Investigators and other titles in criminal investigation; relationships, assignments, collaborations, and controls in criminal investigation; ensured conditions for implementing criminal investigation and responsibilities of relating agencies, organizations and individuals.

The objects subjected to the Law include Investigation Agency, the Agency assigned to conduct an investigatory action; the Leader and the Leader’s Deputy, Investigators, Investigatory officials of the Investigation Agency; and the Leader, Deputy of the Leader and investigatory officials of the Agency required to conduct an investigatory action; and other concerning agencies, organizations and individuals.

         Regarding the regulatory scope, the Law prescribes the principles in conducting criminal investigation; organizational structure, duties and authorities of the Investigation Agency; duties and authorities of the agency assigned to conduct investigatory actions; Investigators and other titles in criminal investigation; relationships, assignments, collaborations, and controls in criminal investigation; ensured conditions for implementing criminal investigation and responsibilities of relating agencies, organizations and individuals.

One among the principles of organizing criminal investigations is the obedience to the Constitution and legislation; ensuring the leadership, the coherent, effective and efficient central leading; clearly devolution, decentralization in order to enhance strict control and prevent from overlapping; timely and promptly deploying accurate, objective, comprehensive and sufficient investigations to cover all criminals and prevent from mis-captured citizens. Criminal Investigation Agency system includes the Investigation Agency of People’s Police; Investigation Agency of People’s Army and Investigation Agency of the Supreme Court.

The agencies assigned to conduct investigatory actions include agencies of Border Guard, the Customs; the Ranger, the Coast Guards; agencies of People Security; and other agencies under the People’s Army.

The agencies assigned to conduct investigatory actions, during its implementation under its jurisdiction, upon the received accusations, informed criminal actions or revealed offenders to be prosecuted in the criminal level, must conduct actions for examining, rectifying and investigating as prescribed by the Penal Code and this Law.

The National Assembly, agencies of National Assembly, National Assembly deputies, Delegations of National Assembly, deputies of People Committees, Vietnamese Fatherland Front (VFF) and VFF’s member organizations are responsible for supervising the operation of investigation agencies, agencies assigned to execute investigatory actions, authorized people in criminal investigation as regulated by law.

Within their jurisdiction, investigation agencies and agencies assigned to deploy investigatory actions must consider, solve and announce results to the investigation request-holders as stipulated by laws.

Law on Organization of Criminal Investigation Agency also regulates five groups of banned actions. They included extortion, use of corporal punishment and other forms of cruel, inhuman and disrespecting torture or treatment or any other forms of infringement of the legitimate rights and interests of agencies, organizations and individual.

Law on Organization of Criminal Investigation Agency comes into effects since 01 July 2016. The Ordinance on Organization of Criminal Investigations No.23/2004/PL-UBTVQH11, Resolution No.127/2004/NQ-UBTVQH11, Ordinance No.30/2006/PL-UBTVQH11 amended Article 9 of the Ordinance on Organization of Criminal Investigations shall become invalid since that day./.

By TTTV

Translated by QG