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CONGRESS
Number: 101 /2015/QH13
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 27, 2015
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THE CODE.
CRIMINAL PROCEEDINGS
Number one.
The Constitution of the Socialist Republic of Vietnam.
Congress enacted criminal proceedings.
First Part
COMMON RULES
RANGE OF ADJUSTMENT, MISSION, VALIDITY OF THE CRIMINAL PROCEEDINGS CODE.
The Code of Procedasculation sets the procedure, the procedure, the procedure, the prosecution, the prosecution, the prosecution, the prosecution, the prosecution, the trial, and some of the proceedings of the criminal execution; the task, the authority, and the relationship between the authorities with the authority to conduct proceedings; the mandate, the powers and responsibilities of the authority to conduct proceedings; the rights and obligations of the participants, the agency, the organization, the individual; the international cooperation in criminal proceedings.
What? 2. The mission of the Code of Criminal Procedre
The criminal justice code has a mandate to ensure accurate detection and processing of the public, in time of all criminal acts, prevention, crime prevention, no crime, not guilty of innocent persons; to contribute to the protection of justice, protection of human rights, rights. citizens, protecting the socialist regime, protecting the interests of the state, the right and the legitimate interests of the organization, the individual, educating people of the sense of obedience to the law, prevarable and anti-crime.
What? 3. The effect of the Criminal Procedal Code
1. The Code of Criminal Code is valid for all criminal proceedings on the territory of the Socialist Republic of Vietnam.
2. The criminal proceedings for foreigners committed on the territory of the Socialist Republic of Vietnam are conducted in accordance with the stipulation of the international convention that the Socialist Republic of Vietnam is a member or by the principle of having it again.
The case of foreign persons under the subject of diplomatic immunity or consuls under Vietnamese law, the international wish that the Socialist Republic of Vietnam is a member or an international exercise, is resolved in accordance with the provisions of the law. It is an international convention or an international exercise; it is not regulated by the international convention or no international volume is resolved by the diplomatic route.
1. In this Code, the words below are understood as follows:
a) The authorities have the authority to conduct proceedings. including the proceedings and the agency tasked with conducting a number of investigative activities.
b) You have the authority to conduct proceedings. including the man who conducts proceedings and who is assigned the task of conducting a number of investigative activities.
c) Participant in the proceedings. is personally, the agency, the organization that participated in litigation under the provisions of this Code.
d) Crime Sources The prosecution, the report of the crime, the prosecution of the agency, the organization, the individual, the confession of the offender, and the information about the crimes committed by the authorities.
Oh, The man charged. including the arrested, the one who was held, the defendant, the defendant.
e) Relatives of the litigwoman, who has the authority to conduct proceedings. who has a relationship with the litigwoman, who has the authority to conduct proceedings including his wife, husband, father, father, mother, father, husband, father, wife, wife, foster mother, foster mother, child, child, grandmother, grandmother, grandmother, grandmother, brother, sister, sister, sister; Grandfather, uncle, uncle, brother, aunt, aunt, nephew.
g) Of course. The civil plaintiffs, the civil plaintiffs, who had the rights, the duty involved in the criminal case.
h) Confess. is the person guilty of voluntary declaration with the agency, the organization of his criminal conduct before the crime or the offender being discovered.
i) Animal head. is the person who committed a crime after being found to be present and declare to the authorities about his criminal behavior.
l) Apply is the organ that has jurisdiction over the person who is held in the case of emergency, arrested, detained, defendant, defendant to the site of investigation, prosecution or trial.
l) Lead is the organ that has the authority to force the person to testify, who is denounced or charged with the prosecution to the site of investigation, prosecution, trial, or the person who is harmed by the defendant.
m) List is a summary of the summary information on the background, the identity, the three-pose photograph, and the print of the two-finged print of the severed body of the body with the authority and the authority.
n) Index is a summary of the summary information on the background and print all the fingers of the can of the body with the authority to hold and save.
o) Serious breach of proceedings. is the agency, who has the authority to conduct proceedings in the process of prosecution, investigation, prosecution, trial, non-execution or execution, not full of sequences, procedures prescribed by this Code and has severely compromised the right, interests of the law. The legal action of the participant or the effect of the identification of the objective, the whole of the case.
2. In this Code, the words below are called as follows:
a) The district, county, town, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city,
b) The Provincial Public Security Agency, the central city of the central city, later called the Provincial Census Agency.
c) The regional military investigation body and the following equivalent are known as the Military Military Investigation.
d) The district, county, town, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city, city,
The provincial municipal government, the central city, later called the Provincial People's Control Institute.
e) Military inspection and regional military inspection, later known as the Military District Military Examination Institute.
g) The district court of the people of the district, district, town, the city of the province, the city of the city, the city of the central city, is later called the District People's Court.
h) The provincial court of the people of the province, the central city of the central city, later called the Provincial People's Court.
i) The Military District Court and the following equivalent to the Military District Court.
What? 5. The responsibility of the state agency, organization and individual in defence, anti-crime.
1. Within its range of responsibility, the state agency must apply criminal precautions, in coordination with the competent authority to conduct proceedings in defence, anti-crime.
The state agency must regularly inspect, inspect the execution of the function, the mission to be delivered; the timely detection of a violation of the law to process and inform the Agency of inquiry, the Institute of Police Every conduct of the offence occurred in the agency and in the field of its management; the petition and the sending of relevant documents to the Agency for the investigation, the Institute for examination of the review, the prosecution for the person who carried out the offense.
The head of state agency is responsible for not informing or providing false information about the offense that occurs in the agency and in his management area for the Agency for the investigation, the Institute of Examination.
2. The organization, the individual has the right and duty to detect, denounce, report on the crime; engage in anti-crime, anti-crime.
3. The Agency with the authority to conduct proceedings is responsible for facilitriation of the state, organization, and individual participation in defence, anti-crime.
4. The state agency, the organization and the individual have the responsibility to implement the requirement and facilitate the agency, who has the authority to conduct proceedings on the task.
5. The inspection agency, the state auditor whose responsibility to coordinate with the authority has the authority to conduct proceedings in the detection and disposal of the crime. When a criminal case is found, a criminal record must be transferred to documents, related items, and investigative agencies, the Institute of Police review, the criminal prosecution of the criminal case.
6. prohibits all activities from obstruct the operation of the agency, who has the authority to conduct proceedings for the task.
What? 6. Dettify and remedy causes, criminal conditions
1. During the course of criminal proceedings, the agency has the authority to conduct proceedings which are responsible for the detection of the cause and criminal conditions, the requirements, the organ petition, the applicable organization that applies the remedied and preventable measures.
2. The agency, the right institution must make the request, the agency ' s petition has the authority to conduct proceedings. In the 15-day period since the date of the receiving request, the petition, the agency, the visible organization must respond in writing about the implementation of the request, the agency ' s petition has the authority to conduct proceedings.
BASIC PRINCIPLES
What? 7. Secure the socialist legislation in the criminal proceedings.
All criminal proceedings must be done under the provisions of this Code. Not to address the source of the crime, the prosecution, the investigation, the prosecution, the trial beyond the bases and the sequence, the procedure stipulated by the Code.
What? 8. Respect and protect the human rights, rights and legal interests of the individual.
When conducting proceedings, within the scope of the mission, its authority, the authority, the competent person to conduct the proceedings must respect and protect the human rights, rights and benefits of the individual; regularly examine the legitimacy and necessity of the government of the United States. The measures were imposed, promptly cancelled or changed those measures if there was a violation of the law or no longer needed.
What? 9. Secure the right equality before the law
Criminal proceedings are conducted in principle that everyone is equal before the law, not to distinguish ethnic, gender, religion, religion, composition, and status. Anyone who commits a crime is legally treated.
Every legal person is equal to the law, not to distinguish the form of ownership and the economic component.
What? 10. Secure the right to the body of the body.
People have the right to be inviolable. No one is arrested without the decision of the Court, the decision or approval of the Institute of Examination, except for the case of a funeral offence.
The arrest of the person in case of an emergency, the arrest, detention, the custody of the person must follow the provisions of this Code. Strictly forbidden torture, the bow, use of humiliation or any other form of treatment that inventers the body, the life, the health of the human being.
What? 11. Protection of the life, health, honor, dignity, property of the individual; honor, prestige, property of the legal legal.
People have the right to legally protect their lives, health, honor, dignity, property.
All acts of trespass against the law of life, health, honor, dignity, property of the individual; infringement of honor, prestige, and property of the law have all been dealt with by law.
Vietnamese citizens cannot be expelled, handed over to another state.
What? 12. Guaranteed the right to be inviolable. Private life, personal secrets, family secrets, safety and secret mail, telephone, personal telephone.
No one has been violated the legal accommodation, private life, personal secrecy, family secrecy, safety and secret mail, telephone, telephone, and other forms of personal information exchange.
Examination of the accommodation; examination, temporary custody, telephone, telephone, electronic data, and other forms of private information exchange must be made under the provisions of this Code.
What? 13. Innocent speculation.
The accused is deemed to be not guilty until proven by the order, the procedure stipulated by the Code and has the conviction sentence of the Court to have legal effect.
When not enough and unable to make light on the grounds for the charge, the procedure of the procedure, the procedure stipulated by the Code, the authority to conduct proceedings must conclude that the accused is not guilty.
What? 14. No one has been sentenced twice for a crime
No prosecution, investigation, prosecution, trial for the person whose behavior has had the sentence of the Court to have legal effect, unless they undertake other dangerous conduct to the society in which the Code of Criminal Code is criminal.
What? 15. Identilocate the truth of the case
The responsibility for proving the crime belongs to the authority to conduct proceedings. The person accused of having the right but does not have to prove he is innocent.
Within the scope of his mandate, the authority of the authority to conduct proceedings must apply legal measures to determine the truth of the case objectively, comprehensive and full, to clarify evidence of guilt and evidence of innocence. It ' s severe, severe, and the emotional mitigation of the criminal responsibility of the accused.
What? 16. Secure the right to the defense of the accused, protect the right and the legitimate interests of the harm,
The accused has the right to self-defense, thanks to a lawyer or a person of defense.
The authority, who has the authority to conduct proceedings with the responsibility to inform, explain and ensure the person charged, is harmed, to the fulfills of their legal rights, rights, and interests in accordance with the provisions of this Code.
What? 17. The agency ' s responsibility, who has the authority to conduct proceedings
In the course of the proceedings, the body, who has the authority to conduct proceedings must strictly enforce the law and must be held accountable for his conduct, his decision.
People violate the law in keeping people in case of emergency, arrest, detention, arrest, prosecution, investigation, prosecution, trial, trial, violation, degree of violation, which is subject to disciplinary treatment or by the prosecution of criminal liability by law.
What? 18. The responsibility for prosecution and handling of criminal case
When there is a sign of criminal signs, within the scope of the mission, its powers, the authorities have the authority to proceed with the charge to prosecute the case, apply the measures prescribed by the Code to determine the crime and dispose of the offender, Criminal justice.
There is no prosecution of the case beyond the bases and the procedures, the procedure stipulated by this Code.
What? 19. Compliance law in investigative activity
The agency, the agency, is tasked with conducting a number of investigative activities that must comply with the law when conducting an investigation under the provisions of the Code.
Every investigative activity has to respect the truth, conduct objective, comprehensive and full; quick detection, exactly every offense, clarify the evidence of guilt and evidence of innocence, the critical condition, the condition of mitigation. The criminal, the cause, the criminal condition, and the other things mean to solve the case.
What? 20. The responsibility of practicing the right of prosecution and examination of the law in criminal proceedings
The Institute for the Control of the Public Rights of the Prosecation and Examination Of The Law In Criminal Proceedings, the decision to commit crimes, to detect violations of the law in order to ensure every offence, the offender, the criminal, and the violation of the law, must be found. Detection and processing in time, to be serious, the prosecution, the investigation, the prosecution, the trial, the execution of the right man, the right sin, the law, not the crime, the criminal, the criminal, not guilty of the innocent.
What? 21. Asking the privacy of the competent ethos to conduct proceedings, the participant proceedings.
The person with authority to conduct proceedings, interprets, the translator, the examiner, the asset valuation, the witness is not consulted if there is a reason that they may not be unintentiated during the task.
What? 22. Do the trial regime with the Council of Staff
The trial of the Court's preliminary hearing has the Court of Inquisition, except for the case of a withdrawal procedure specified by the Code.
What? 23. Judge, the jury of independence and only follow the law.
The judge, the jury of independence and only subject to law; prohibits the organ, the organization, the individual to intervene in the trial of the judge, the jury.
The agency, the organization, the individual interferes with the trial of the judge, the Court under any form, the degree of violation, the degree of violation that is subject to disciplinary action, sanctipated the administrative breach, or the prosecution of criminal responsibility under the rule of law.
The Tribunal for the collective trial and the decision by a majority, except for the case of a withdrawal procedure specified by the Code.
What? 25. Court of trial in time, fair, public
The court tried in time for the statute of limitations, to be fair.
The court of public hearings, everyone has the right to attend the trial, unless the case is regulated by this Code. The special case should keep the state's secret, the vanguard, the customs of the people, protect people under the age of 18 or to keep the secret of his life in accordance with the true requirements of the incumbent, the Court may be tried in secret, but it must be publicly condemned.
What? 26. Praise in the trial is secured
In the process of prosecution, investigation, prosecution, trial, Investigation, Detective, others with the authority to conduct proceedings, the accused, the defense and the other litigwoman have equal rights in giving evidence, assess the evidence, make a request to clarify the objective truth of the case.
The document, evidence in case files sent by the Institute to the Court for the trial must be full and legal. The trial of the criminal case must be full of persons following the provisions of this Code, the case of absence due to the inpossibility of resistance or other objective or other circumstances due to the Code. The court is responsible for facilitriation of the prosecutor, the defendant, the defense, the other litigwoman fulfills the rights, his obligations, and the democratic litigation, before the Court.
Any evidence that is guilty, the evidence of innocence, the threat of increased weight, the condition of mitigation of criminal responsibility, the application of a point, paragraph, article of the Criminal Code to determine the charges, the penalty decision, damages to the defendant, The evidence and other conditions that have the meaning to solve the case have to be presented, debated, clarified at the trial.
The verdict, the Court ' s decision to base the test results, evaluated the evidence and the results of the litigation at the trial.
What? 27. Preliminary trial, the appellate of the appellate.
1. The trial regime, the appellate, is secured.
The verdict, the court ' s preliminary decision may be appealed, appealed under the provisions of this Code. The verdict, the preliminary decision not to be appealed, appealed in a deadline due to the rule of law to be legally valid.
The verdict, the alleged preliminary appeal, the case has to be tried. The verdict, the Court ' s appellate decision has legal effect.
2. The verdict, the Court ' s decision to take effect on the law, which finds that there is a serious or new legal breach under the regulation of the Code, is reviewed on the order of the jury or retrial.
What? 28. Secure the validity of the verdict, the Court ' s decision
1. The verdict, the Court ' s decision has been in effect the law must be given authority, organization, personal respect. The Agency, the organization, the right individual must be strictly accepted.
2. Within the scope of the mission, the powers, the obligations, the agency, the organization, the individual responsible for coordination, facilitation and implementation of the requirements of the agency, the organization, the individual tasked with the execution of the verdict, the decision of the Court.
What? 29. Voice and writing used in criminal proceedings
The voice and writing used in the criminal proceedings are Vietnamese. The participant has the right to use the voice and the writing of his people, which must have a translator.
What? 30. Resolve civil matter in criminal case
The settlement of civil matters in the criminal case was conducted along with the settlement of the criminal case. The case of criminal cases must resolve the issue of damages, reparation without proven conditions and does not affect the settlement of the criminal case, the civil matter may be separated for civil proceedings.
What? 31. Secure the compensation of the person suffering from the criminal proceedings in criminal proceedings.
1. The person held in the event of an emergency, who is arrested, detained, detained, prosecuted, investigated, prosecuted, tried, executed, and sentenced to be compensated for damages of material, mental, and rehabilitation.
The state is responsible for the damages and rehabilitation of the honor, the right to the holder in the case of emergency, who is arrested, detained, imprisoned, prosecvated, investigated, prosecuted, prosecuted, enforced wrongfully, the law by the agency, who had the authority. The right to advance the proceedings.
2. The other person suffering from the damage caused by the agency, who has the authority to conduct proceedings that has the right to be damaged by the State of the State for damages.
What? 32. Secure the rights of complaint, denounce in criminal proceedings
Individuals, agencies, organizations have the right to complain, individuals who have the right to denounce violations of the law in criminal proceedings of the agency, who have the authority to conduct proceedings or of any individual belonging to those agencies.
The agency, who has the authority to take on, review and resolve the complaint, denouncing it in time, in the right of law; sending the resulting text addressing the complaint, denouncing, the agency, the claim organization, and the remedied measure.
The procedure, the procedure, the authority to resolve the complaint, denounce by the Code.
It prohibits the reprimand of the complaint, denouncing or taking advantage of the right to complain, denouncing it to slander others.
What? 33. Check, monitor in criminal proceedings.
1. The Agency, who has the authority to conduct proceedings must regularly examine the conduct of the jurisdiction of the jurisdiction; perform control between the agencies in the reception, addressing the source of the crime, the prosecution, the investigation, the prosecution, the prosecution. Trial, trial.
2. The state agency, the Vietnam Fatherland Front Committee and member organizations of the Front, deputies have the right to oversee the operation of the agency, who has the authority to conduct proceedings; oversee the settlement of the complaint, the agency ' s denouncing the agency, who has. the authority to conduct proceedings.
If the organ's illegal behavior is discovered, the person with the authority to conduct proceedings is the state agency, the elected representative, the National Front Committee of Vietnam and the members of the Front Committee with the right to petition with the authority. the right to conduct a review proceedings under the provisions of this Code. The authority with the authority to conduct proceedings must review, address and respond to the petition, that required by law.
THE AUTHORITIES HAVE THE AUTHORITY TO CONDUCT PROCEEDINGS, WHO HAVE THE AUTHORITY TO CONDUCT PROCEEDINGS.
What? 34. The Agency conducts proceedings and the person conducts proceedings
1. The Agency for the Impeachment process includes:
a)
b)
c) The court.
2. The advance of the proceedings is:
a) The Prime Minister, Deputy Chief Executive Officer, Investigated Officer, Executive Officer;
b) The Institute of Ministers, Deputy Director of the Institute of Examination, Audan, Test;
c) Chief Justice, Deputy Chief Justice, Judge, Jury, Court Secretary, Jury.
What? 35. The Agency and the person assigned to conduct some investigation activities.
1. The Agency tasked with conducting a number of investigation activities including:
a) The organs of the border department;
b) The agencies of the Customs;
c) The agencies of the Forest Service;
d) The agencies of the Marine Police Force;
The organs of the fire;
e) The agencies of the People ' s Public Security are tasked with conducting a number of investigative activities;
g) Other agencies in the People ' s Army are tasked with conducting a number of investigative activities.
The specific agencies that are assigned to conduct a number of regulatory activities specified at this paragraph are specified at the Organization for Criminal investigation organ organization.
2. The person tasked with conducting a number of investigation activities including:
a) The person tasked with conducting a number of investigative activities of the Border Defense Department including the Director, Deputy Director of the Border Protection Bureau; the Director, Deputy Director of the Department of Defense, Anti-Drugs and Crime; Solidarity, Deputy Solidarity prevention, anti-drug and crime; commander, deputy commander of the provincial border department, central city of the central city; Captain, Deputy Chief of the Border Station; Commander, Deputy Chief of the Port Border Patrol;
b) The person tasked with conducting a number of Customs Enforcement operations including the bureau chief, Deputy Director of the Department of Smuggling Investigations; Director, Deputy Director of the post-agency inspection; the bureau chief, Deputy Director of the Department of Provincial Customs, in the province, the central city of the central city; the chief minister, the deputy chief of the department of the store,
c) The person tasked with conducting some of the Forest ' s investigation activities includes the Chief Secretary, Deputy Director of the Forest Service; Chief Minister, Deputy Chief of the Forest Branch; County Chief, Deputy County Chief of the Forest Forest;
d) The person tasked with conducting a number of investigative activities by the Marine Police force including Commander, Deputy Commander of the Marine Police; Region Commander, Deputy Commander of the Marine Police Region; Chief Minister, Deputy Director of the Department of Business and Law; Solidarity, Deputy Minister. Head of the Army Corps, Anti-Drug Crime; Squadron Chief, Deputy Chief Secretary; Squadron Chief, Deputy Chief Squadron; Captain, Deputy Head of the Marine Police Department;
The man tasked with conducting some of the inspection activities of the Forest Service, Deputy Director of the Bureau of Control; Chief Minister, Deputy Chief of the Regional Control Department;
e) The person tasked with conducting a number of investigative activities by other agencies in the People ' s Public Security comprises the Director, Deputy Director of the Fire Department, firefighting; the Director, Deputy Director, Deputy Head of the Department, Deputy Chief of the assigned organs. The case conducted some of the investigative activities of the People's Public Security Council, the Supervisor, Deputy Director of the Camp, under the rules of the organization of the organization of the body.
g) The person tasked with conducting a number of investigative activities by other agencies in the People's Army of the People's Army of the City of the People's Army, Deputy Director of the Camp; the independent unit of the regiment and the equivalent.
) The investigation officer belongs to the regulatory authorities at this one.
What? 36. Mission, authority and responsibility of the Prime Minister, Deputy Chief Executive Officer
1. The Chief of the Executive Office has missions, powers:
a) Direct organizing and directing the rationing, addressing the source of the crime, the prosecution, the investigation of the Agency for the investigation;
b) The decision to commit or change the Deputy Head of the Agency for investigation, passively, address the source of the crime, examine the prosecution, investigate the criminal case of the Deputy Minister of inquiry; the decision to change or cancel the unconditional decisions. the deputy head of the Deputy Chief of the Agency for investigation.
c) The decision to commit or change the Investigation of the Investigation, the Investigation Officer; examination of the rationing activities, address the source of the crime, the prosecution, the investigation of the Criminal Investigation of the Investigation, the Investigation Officer; the decision to change or cancel the decisions. There is no investigation and the law of the Inquisitor.
d) Resolve the complaint, denouncing the jurisdiction of the Investigative Authority.
In the absence, the Chief Executive Officer authorized a Deputy Head of the Executive Committee to perform the duties, the powers of the Chief Executive Officer. The Deputy Chief is accountable to the Chief Minister for authorized duties.
2. When conducting criminal proceedings, the Chief of the Executive Office has the duties, powers:
a) A temporary decision to suspend the prosecution of the prosecution, the news of the crime, the prosecution petition; the decision to prosecute, not to prosecute, add or change the decision to prosecute the case; decide the prosecution, add or change the decision to prosecute the defendant; the decision. enter or separate the case; decision to trust the investigation;
b) The decision to apply, change, cancel the deterred measure, the coervate measure, the special proceedings under the provisions of this Code;
c) The wanted decision, the wanted body, the search, the arrest, the custody, the evidence;
d) The decision to display the judging, additional monitoring or reregulation, examination of the body, the experimental investigation, change or request for change of the examiner. A valuation request, valuation of assets, requires changes to the asset valuation.
) Direct test, verify the source of the crime and conduct investigations;
e) The conclusion of the investigation;
g) The decision to suspend the investigation, suspension of the investigation, recovery of the investigation, the defendant;
h) Ra orders, decision, and conduct of other proceedings under the jurisdiction of the Investigative Authority.
3. When being assigned to conduct the prosecution, investigation the criminal case, Deputy Head of the Bureau of Investigation has the duties, the provisions stipulated at paragraph 1 and paragraph 2 This, minus the regulation at b 1. The Deputy Chief of the Agency has not been resolved, the report of his behavior, his decision.
4. The Prime Minister, Deputy Head of the Executive Office must be held accountable to the law of conduct, his decision. The Chief Executive Officer, Deputy Minister of Investigation, is not authorized to authorize an investigation of his duties, his powers.
What? 37. Mission, authority and responsibility of the Investigation Investigation
1. The assigned investigator conducts the prosecution operation, which investigs the criminal case there are tasks, powers:
a) Direct examination, verification, and filing of criminal records of crime;
b) A criminal case file;
c) Required or nominated to send, change the defense; ask for the gesture, change the translator, the translator;
d) To convene and ask the palace to be involved; summon and remove whistled testimony, report on the crime, the whistled, the prosecution petition, the representative under the law of the law; take the testimony of the person held in the case of emergency, the arrested, the accused. And he held him, and he summoned him, and took the testimony of him that testified, and was hurt, and was hurt.
) The decision to impose a person in the case of an emergency, who was arrested, was detained, was held up; the decision to lead the witness to the witness, the person who was accused of the attack, the defendant, and the decision to deliver the person under 18 years of age to the agency, the organization. function, the individual has the responsibility of oversight; the decision to change the supervisor of the person under 18 years of crime;
e) enforce the arrest of the person in case of emergency, order, or decision to arrest, hold, hold, search, search, hold, document the property, seal the account, process the evidence;
g) conduct a field examination, excavation of the body, examination of the body, review of traces on the body, the object, identification, experimental investigation;
h) Perform the duties, other eligible permissions under the jurisdiction of the Agency to investigate under the assignment of the Chief Executive Officer under the provisions of this Code.
2. The investigator must be held accountable to the law and before the Chief Minister, the Deputy Chief of the Agency for Investigation of the conduct, his decision.
What? 38. Mission, authority and responsibility of the investigation Officer of the Census Agency.
1. The investigation officer performs tasks, the following powers according to the assignment of the Investigation:
a) Write the affidavit, write the question of the bow and write the other documents when the investigator conducts the test, verify the source of the crime and investigate the criminal case;
b) Transport, transfer, submit commands, decisions, and other proceedings under the provisions of this Code;
c) Help the investigator in the proposition to resolve the source of the crime, case the case, and perform other proceedings.
2. The investigation officer must be held accountable to the law and in front of the Prime Minister, Deputy Chief Executive Officer, Investigation of his conduct.
What? 39. The mandate, the powers and responsibilities of the head, the deputy, the investigation officer of the offices of the Border Defence, Customs, Forest Police, the Marine Police Force, the Control is tasked with conducting certain investigative activities.
1. The chief of the agencies tasked with conducting a number of regulatory operations stipulated at points a, b, c, d and the 2 Article 35 clause of this Code have tasks, powers:
a) Direct directing the passive activity, addressing the source of the crime, the prosecution, the investigation of the criminal case according to the jurisdiction;
b) The decision to deliver or change the level of the deputy, the investigation of the investigation in the rationing, address the source of the crime, the prosecution, the investigation of the criminal case;
c) Check out the rationing activity, address the source of the crime, the prosecution, investigation of the criminal case of the deputy and the investigation staff;
d) The decision to change or cancel the decision does not have the base and the law of the deputy, the executive officer;
The decision to hand over the accused is to be under 18 years of age for their agent to oversee.
In the absence, the head of commission for a deputy is carried out the duties, the powers of the chief. The deputy is accountable to the chief of the authorized task. Chief, the deputy is not authorized by the executive officer to carry out his duties, his powers.
2. When conducting criminal proceedings of a less serious crime in the case of a criminal offence, evidence and a clear offender ' s background, those stipulated at points a, b, c, d and the 2 Article 35 clause of this Code have duties, rights, and rights. Limit:
a) Collation of evidence, documents, items from those involved to examine, verify the source of the crime;
b) A temporary decision to suspend the prosecution of the prosecution, the news of the crime, the prosecution petition; the decision to prosecute, not to prosecute, change, or add the decision to prosecute the case; decide to prosecute, change, or add the decision to prosecute the prosecution;
c) Direct organizing and directing the examination of the scene;
d) Decided a referendum, ask for the valuation of the property; the decision to examine, obtain, hold, and preserve the evidence, the document directly related to the case;
Summoned and asked to have the courage; to summon and testify, to call, to summon and to give testimony, the report of the crime, the prosecution, the prosecution, the petition, and the testimony, and the testimony of the witness. It's an emergency.
e) The decision to apply the deterred, the statutory measure under the provisions of this Code;
g) The investigation concludes, recommend the prosecution or conclusion of the investigation and decide the suspension of the investigation; the decision to suspend the investigation; the decision to restore the investigation.
3. When conducting criminal proceedings for serious crime, very serious, serious special or less serious but complex crime, those prescribed at points a, b, c, d and the 2 Article 35 clause of this Code have the most important tasks to do so. Case, authority:
a) Collation of evidence, documents, items from those involved to examine, verify the source of the crime;
b) A temporary decision to suspend the resolution of the whistled, the news of the crime, the prosecution petition; the decision to prosecute, not to prosecute, change or supplement the decision to prosecute the case;
c) Decision to examine, obtain, hold, and preserve the evidence, the document directly related to the case;
d) To summon and testify, to be harmed, to be harmed.
4. The investigation officer has missions, powers:
a) Set up a profile to address the source of the crime; take the testimony of those involved to check, verify the source of the crime;
b) A criminal case file;
c) Ask the bow; take the testimony of the whistled, the report of the crime, the whistled, who is accused of the prosecution, who is held in the case of emergency, who is taken, the man who is held, the witness, the witness, the prisoner,
d) conduct a field examination; enforce the search warrant, capture, hold, and preserve the evidence, document related directly to the case.
5. Within the scope of its responsibility, the deputy, the deputy, the investigation officer of the offices of the Border Defence, Customs, Forest Police, the Marine Police Force, the Control is tasked with conducting some of the operational activities that must be responsible. to the law of his behavior, his decision. Chief, the deputy is not authorized by the executive officer to carry out his duties, his powers.
What? 40. The mandate, the powers and responsibilities of the head, the deputy, the investigation officer of other agencies of the People 's Public Security, the People' s Army is tasked with conducting a number of investigative activities.
1. The chief of the agencies tasked with conducting a number of regulatory operations specified at the point of e and point g 2 Article 35 of this Code has missions, powers:
a) Direct to the operation of the prosecution, the investigation of the criminal case by authority;
b) The decision to commit or change the level of the deputy, the investigation officer in the prosecution, investigation of the criminal case;
c) Check out the rationing activity, address the source of the crime, the prosecution, investigation of the criminal case of the deputy and the investigation staff;
d) The decision to change or cancel the decision does not have the base and the law of the deputy, the executive officer.
When the mayor is absent, a deputy is authorized to carry out the duties, the powers of the rank and take responsibility for the rank to be authorized.
2. When the criminal proceedings are conducted, those prescribed at the point of e and point g 2 Article 35 of this Code have tasks, powers:
a) Collation of evidence, documents, items from those involved to examine, verify the source of the crime;
b) A temporary decision to suspend the settlement of the source of the crime; the decision to prosecute, not to prosecute, change or supplement the decision to prosecute the case;
c) Direct organizing and directing the examination of the scene;
d) Decision to examine, obtain, hold, and preserve the evidence, the document directly related to the case;
Summon and take the testimony of the whistled, the report of the crime, the whistled, the accused of the prosecution, the witness, the harm, the truth.
3. The investigation officer has missions, powers:
a) Set up a profile to address the source of the crime; take the testimony of those involved to check, verify the source of the crime;
b) A criminal case file;
c) Take the testimony of the whistled, the report of the crime, the whistled, the accused of the prosecution, the witness, the harm, the same;
d) conduct an examination of the scene; enforce the search warrant, capture, hold and preserve the evidence, document related directly to the case;
Deliver, submit commands, decisions, and other proceedings under the rules of this Code.
4. Within the scope of its responsibility, the deputy, the deputy, the investigating officer of the organs of the People 's Public Security, the People' s Army tasked with conducting a number of investigations activities must be held accountable to the law of conduct, the decision of the I'm Chief, the deputy is not authorized by the executive officer to carry out his duties, his powers.
What? 41. Mission, authority and responsibility of the Institute of Ministers, Deputy Director of the Institute of Examination
1. The Institute of Examination has missions, powers:
a) Direct organization and direction of the practice of law enforcement and to examine the law in criminal proceedings;
b) The decision to commit or change the vice president of the examination; examination of the practice of practice of prosecution and examination of the compliance of the law in the criminal proceedings of the vice president of the examination; the decision to change or cancel the decision. with the base and the law of the vice president of the Institute of Examination;
c) The decision to commit or change the examination of the Auditor, Examine; an operational examination of the right of the prosecution and examination of the compliance of the law in the criminal proceedings of the Auditor, the Inspecitor; the decision to change or cancel the decision. with the base and the law of the Auditor.
d) The decision to withdraw, suspend or cancel the decision without the base and law of the lower-level examination institute;
Solving the complaint, denouncing the jurisdiction of the Institute of Examination.
In the absence, the Institute of Ministers of the Institute of the Institute of State authorized a Deputy Director of the Institute for the execution of the office, the authority of the Chamber of Ministers, and was responsible to the Director of the Institute for the Examination of the mandate.
2. When practicing the right of prosecution and examination of the compliance of the law in criminal proceedings, the Institute of Public Health Control has missions, powers:
a) Request for the Agency to investigate, the agency tasked with conducting a number of follow-up investigation activities, addressing the source of crime, prosecution or change, the addition of the decision to prosecute the criminal case, the alleged prosecution; the decision to prosecute, not to prosecute, change, the addition of the decision to prosecute the case, the alleged prosecution of this Code;
b) A temporary decision to suspend the settlement of the source of the crime; the decision to prosecute, not to prosecute, add or change the decision to prosecute the case; decide the prosecution, add or change the decision of the prosecution of the prosecution; the decision to enter, separate the case;
c) The decision to apply, change, cancel the prevention, coercive measure, special proceedings; decide on the extension of the examination and verify the source of the crime, renew the detention, renew the investigation, renew the detention, renew the prosecution. -
d) Decision to search, capture, suspend, process the evidence;
The decision of the bridge, the additional monitoring or reregulation, the experimental investigation; the change or the change required by the examiner. Valuation requirements, asset revaluation, request for change of asset valuation persons;
e) Required the Chief Executive Officer, the chief of the agency to be tasked with conducting a number of investigative activities that change the Investigation of Investigation, Investigation Officer;
g) Approving or not ratification of the decision, the Order of the Investigative Agency, the agency tasked with conducting some investigation activities;
h) The decision to cancel the decisions, the order without the base and the law of the Census Agency, the agency is tasked with conducting a number of investigative activities;
i) The dispute resolution of the authority to address the source of the source of crime, prosecution, investigation; decision to transfer the case;
l) The decision to apply, suspencuring mandatory treatment;
l) The decision to apply the withdrawal procedure or cancel the decision to apply the withdrawal procedure;
m) Decision to prosecute the can, pay the case for additional investigation or reinvestigation;
n) Request for recovery of the investigation; the decision to suspend or suspend the case, suspension or suspend the case only to the defendant; the decision to cancel the decision to suspend the decision to address the source of the source of the crime; decision to reinstate investigation of the case, recovery investigations against the defendant, reinstate the case, restore the case to the defendant;
o) Appeal under the appellate procedure, jury director, retrial of the sentence, the Court ' s decision under the provisions of this Code;
p) Perform the right to petition according to the rule of law;
q) The decision-making, the order and the conduct of other proceedings under the jurisdiction of the Institute of Examination.
3. When being assigned to practice the right of prosecution and examination of the law in the criminal proceedings, the Deputy Director of the Institute of the Examination Has the mandate, the jurisdiction stipulated at paragraph 1 and paragraph 2 of this, except the stipulation at the point b 1. The Assistant Secretary of State is not resolved to the claim, the report of the behavior, the decision.
4. The Institute of Ministers, Deputy Director of the Institute for Examination must be held accountable to the law of conduct, its decision. The vice president, the vice president of the hospital, is not authorized to the Auditabers to perform their duties, your powers.
What? 42. The mission, authority and responsibility of the Audit
1. The auditor is assigned to practice law enforcement and to examine the compliance of the law in the criminal proceedings of duty, powers:
a) Check out the reception, address the source of the criminal justice, the competent person;
b) Direct address and file resolution of the source of the crime;
c) Check out the rationalization, resolve the source of the crime, the prosecution, the application of preventing measures, the coercive measure; the examination of the filing of the source of the source of the crime, the case of the agency's case file, the person with the authority to investigate; The investigation of the Census, the agency is tasked with conducting a number of investigative activities;
d) Direct examination of the examination of the scene, the autopsy, the subject, identification, speech recognition, investigation, examination;
) Check out the suspension, recover the settlement of the source of the crime; the suspension of the investigation, the suspension of the investigation, the recovery of the investigation, the conclusion of the investigation;
e) Proposed a request for inquiry; asking for the Most Wanted.
g) To summon and ask the palace to be interfed; summons and denouncing the whistled, informed report of the crime, the whistled, who is accused of the prosecution, the representative in accordance with the law of the law, the witness, the witness, the prisoner; and the testimony of the man who was held in his hand. It's an emergency.
h) The decision to impose the captured, the defendant; the decision to lead the witness, the person who was accused of the launch, the defendant; the decision to commit the person under 18 years of age to the agency, the organization, the individual responsible for oversight; the decision. change to the 18-year-old who is guilty of the crime;
i) Direct conduct of a number of investigative activities under the provisions of this Code;
) The requirement to change the person with the authority to conduct proceedings; request or nominate, change the defense; request the gesture, offer changes to the translator, the translator;
l) conduct proceedings at the trial; publish the indictment or decide the prosecution under the withdrawal procedure, other decisions by the Institute for the Impeachment of the defendant; in question, giving evidence, documents, materials, impeachment, debate, speech, speech, etc. view of the settlement of the case at the trial, session session;
m) Check out the compliance of the law during the trial period of the Court and those who participate in the proceedings; examination of the verdict, decision and other proceedings of the Court;
n) Check out the execution of the sentence, the decision of the Court;
o) Perform the right to request, petition according to the rule of law;
p) Execute other duties, other jurisdictions under the jurisdiction of the Institute of Control under the assignment of the Institute of Ministers of the examination under the provisions of this Code.
2. The auditor must be held accountable to the law and before the Institute of Examination, the Deputy Director of the Institute for Examination of the conduct, his decision.
What? 43. Mission, authority and responsibility of the Audit
1. Check out the following tasks, the following powers follow the assignment of the Audit Officer:
a) Write the affidavit, write the question of the bow and write the other records in the criminal proceedings;
b) Transport, transfer, submit commands, decisions, and other proceedings under the provisions of this Code;
c) Help the auditefactor in the filing of the audit records, the case to resolve the source of the crime and conduct other proceedings.
2. The auditor must be held accountable to the law and before the Institute of Ministers, the Deputy Director of the Institute for Examination and Examination of his conduct.
What? 44. Mission, powers and responsibilities of the Chief Justice, Deputy Chief Justice
1. The Chief Justice of the Court has duties, powers:
a) Direct to the trial of the criminal case; the decision to resolve the dispute over the jurisdiction of the trial;
b) The decision to be assigned to the Deputy Chief Justice, the Judge, the Court of Settlement, trial of the criminal case; the decision to distribute the Secretary of the Court to conduct proceedings against the criminal case; the decision to distribute the Judge of the Criminal Court to be assigned;
c) The decision to change the Judge, the Jury, the Court Secretary before opening the trial;
d) to decide the execution of the criminal court;
He decided to postpone the prison sentence;
e) Decree to suspend prison sentences only;
g) decide to delete the case;
) Resolve the complaint, denouncing the jurisdiction of the Court.
In absence, the Chief Justice of the Court authorized a Deputy Chief Justice to perform the duties, the powers of the Chief Justice. The Deputy Chief of the Court shall be held accountable to the Chief Justice of the Court on the mandated mandate.
2. When the execution of the criminal case, the Chief Justice of the Court has duties, powers:
a) The decision to apply, change or cancel the detention measure, process the evidence;
b) The decision to apply, suspensiing mandatory treatment;
c) The decision to apply the withdrawal procedure or cancel the decision to apply the withdrawal procedure;
d) The petition, resistance to the procedure for the director of the sentence, decided to have the court ' s legal effect;
Decide and conduct other proceedings under the jurisdiction of the Court;
e) In accordance with the provisions of this Code.
3. When the resolution is resolved, the criminal trial, the Deputy Chief Justice has the duties, the jurisdiction stipulated at paragraph 1 and paragraph 2 of this, except the stipulation at the point b 1. The Deputy Chief of the Court is not resolved, the report of his behavior, his decision.
4. Chief Justice, Deputy Chief Justice of the Court must be held accountable to the law of conduct, his decision. Chief Justice, Deputy Chief Justice of the Court is not authorized for the Judge to perform his duties, his powers.
What? 45. The mandate, jurisdiction and responsibility of Judge
1. The judge is assigned to the settlement, the criminal case of criminal tasks, the powers:
a) Study case file before opening the trial;
b) conduct trial;
c) to conduct proceedings and to vote on matters of the jurisdiction of the Council of the Trial;
d) conduct other proceedings under the jurisdiction of the Court under the communion of the Chief Justice of the Court.
2. The presiding judge of the trial has the duties, the prescribed powers at this one Article and the duties, the powers:
a) The decision to apply, change, destroy the deterred, the coercated measure, except for the detention measure;
b) The decision to pay the case for additional investigation;
c) The decision to take the case to trial; the decision to suspend or suspend the case only;
d) Run the trial of the case, litigate at the trial;
The decision to show the judging, additional monitoring or reregulation, experimental practice; change or request change of the examiner; ask for the valuation of the property, ask for changes to the property valuation;
e) Required or nominated to send, change the defense; to change the person who oversees the person under 18 years of age; request for the election, change the translator, the translator;
g) decide to summon those who need to ask for trial;
h) Perform the mandate, the other right of litigation under the jurisdiction of the Court under the assignment of the Chief Justice of the Court under the provisions of this Code.
3. The judge must be held accountable to the law of conduct, his decision.
What? 46. Mission, authority and responsibility of the jury
1. The jury is assigned to a criminal trial judge on the task of duty, powers:
a) Study case file before opening the trial;
b) conduct trial;
c) to conduct proceedings and to vote on matters of the jurisdiction of the Council of the Trial.
2. The jury must be held accountable to the law of conduct, its decision.
What? 47. The mandate, powers and responsibilities of the Court Secretary
1. The Secretary of the Court is assigned to conduct proceedings against the criminal case which has duties, powers:
a) Check out the presence of those who are summoned by the Court; if there is one who is absent, you shall have a reason.
b) The domain of the trial;
c) Report of the Council on the List of those who are summoned to the trial and the absenters;
d) Write the trial;
) Conducting other proceedings under the jurisdiction of the Court in accordance with the conduct of the Chief Justice of the Court.
2. The secretary of court must be held accountable to the law and before the Chief Justice of the Court on his conduct.
What? 48. The mandate, authority and responsibility of the Judge
1. The judge is assigned to conduct proceedings against the criminal case with duties, powers:
a) The case of the case file on which the verdict, the Court ' s decision has been in effect of law under the assignment of the Chief Justice or the Deputy Chief Justice;
b) conclude the appraisal and report of the results of the trial with the Chief Justice or the Deputy Chief Justice;
c) An investigator who helps the Chief Justice of the Court perform the task of execution of the jurisdiction of the jurisdiction of the Court and other duties under the assignment of the Chief Justice of the Court or the Deputy Chief Justice.
2. The inquisitor must be held accountable to the law and before the Chief Justice, the Deputy Chief Justice of his conduct.
What? 49. The cases must reject or change the person with the authority to conduct proceedings.
Persons with authority to conduct proceedings must refuse to conduct proceedings or be changed when belonging to one of the cases:
1. At the same time being hurt, and of course; being a representative, the loved one of the hurt, the incumbent, or the defendant;
2. Having joined as a healer, the witness, the examiner, the asset valuation, the translator, the translator, in that case;
3. There is another clear base to assume that they may not be uneven while on duty.
What? 50. The person with the right to recommend change the person with the authority to conduct proceedings
1. Check.
2. The person who is held on hold, defendant, defendant, defendant, civil plaintim, defendant of civil rights and their agent.
3. The healer, the defender of the right and the legitimate rights of the harm, the civil plaintim, the civilian defendant.
What? 51. Change of Investigation Officer, Investigation Officer
1. The investigator, the Census Officer must refuse to conduct proceedings or be changed when belonging to one of the cases:
a) The case of regulation at Article 49 of this Code;
b) conducted the proceedings in that case as an Examine, Checking, Judge, Jury, inquisor or Clerk of the Court.
2. The change of the Census, the Investigated Officer is dictated by the Chief Minister or the Deputy Chief Executive Officer.
The coroner was changed as the Chief Investigated Officer of one of the prescribed cases at one Article, the investigation of the case was conducted by the Agency for the Agency to proceed directly.
What? 52. Change Officer, Test
1. Check the officer, the Examine must refuse to conduct proceedings or be changed when belonging to one of the cases:
a) The case of regulation at Article 49 of this Code;
b) conducted proceedings in that case as a Investigator, Inquiry Officer, Judge, Jury, Jury or Court Secretary.
2. Change the prosecutor before opening the trial due to the Institute of Ministers or the Deputy Director of the Institute for the same level being assigned to resolve the decision case.
The checked out of the hospital is the Institute of Police, which is decided by the Institute of Corrects.
In the case of the trial, the jury decided to postpone the trial.
1. Judge, the Court must refuse to participate in the trial or be changed when belonging to one of the cases:
a) The case of regulation at Article 49 of this Code;
b) They are in a jury, and they are the ones who love each other;
c) participated in a trial or appellate trial or conduct proceedings for that case as Investigate Officer, Investigator Officer, Prosecutor, Examine, Jury, Court Secretary.
2. The change of the judge, the Court before opening the trial by the Chief Justice or Deputy Chief Justice Court is assigned to resolve the decision case.
The judge was changed as the Chief Justice of the Court was made by the Chief Justice on a decision level.
The change of the judge, the jury at the trial of the jury decided before the trial was taken by voting in the parliamentary chamber. When considering which member changes the membership is presented, the Council decides to follow the majority.
In case of a change of judges, the jury's trial is decided to postpone the trial.
What? 54. Change of Court Secretary
1. The Court clerk must refuse to conduct proceedings or be changed when belonging to one of the cases:
a) The case of regulation at Article 49 of this Code;
b) conducted the proceedings of that case as an auditine, an examination, the investigator, the investigation officer, the judge, the jury, the Judge, the Court Secretary.
2. The change of the Court Clerk before the opening of the trial by the Chief Justice or Deputy Chief Justice is assigned to resolve the decision case.
The change in the Court clerk at the trial was decided by the jury.
In case of a change in court, the jury decided to suspend the trial.
A PARTICIPANT IN THE CASE.
1. The whistled, the criminal report, the prosecution petition.
2. The whistled, who is accused of the prosecution.
3. The person held in case of an emergency.
4.
5.
6.
7.
8. Hurt.
9. Civil plaintiffs.
10. Civil defendant.
11. The person with the rights, the obligation in connection with the case.
12.
13.
14. The examiner.
15. Asset valuation.
16. translator, translator.
17. The defense.
18. The defender of the rights and the legitimate interests of the harm, the incumbent.
19. The person who defended the legal rights and interests of the whistled, was denounced by the petition.
20. The person who represents the law of the criminal justice, the other representative according to the rules of this Code.
What? 56. The whistled, the criminal report, the prosecution petition
1. Individual whistled, reports of crime; the agency, the organization reported on the crime, the prosecution petition has the right to:
a) Ask for the authority to have the authority to keep the prosecution secret, report on crime, petition for prosecution, protection of life, health, honor, dignity, prestige, property, rights, and other legitimate interests of their, their loved ones when threatened;
b) Be informed of the results of the prosecution, the report on the crime, the prosecution petition;
c) The decision to conduct, the proceedings of the agency, who has the authority to conduct proceedings in the reception, denouncing the prosecution, the report of the crime, the prosecution petition.
2. Personally, the agency, the organization stipulated at this one Article must be present at the request of the authority of the authority to address the source of the source of the crime, present the honest presentation of the circumstances in which he knows about the incident.
What? 57. The whistled, who is accused of prosecution
1. The whistled, who was given the right to prosecute the right:
a) Being informed of the alleged behavior, defendant petit;
b), the interpretation of the rights and obligations specified in this Article;
c) Presentation of the testimony, presentation of comments;
d) Give evidence, documents, objects, requests;
) Presenting opinions on evidence, documents, related objects, and asking for authority to conduct test proceedings, assessment;
e) To defend himself or by the defender of the right and of the good to you.
g) To be informed of the results of the whistled solution, the petition for the prosecution;
) The decision, the prosecution of the agency, the authority to conduct the proceedings.
2. The whistled, who is accused of the prosecution must be present at the request of the agency with the authority to resolve the prosecution, the petition petition.
What? 58. The person held in case of emergency, who was arrested
1. The person held in case of an emergency, who was arrested in the case of a funeral offence and who was arrested according to the warrants for the right:
a) Being heard, taking orders to keep people in case of an emergency, the arrest warrant was kept in case of an emergency, the decision to approve the arrest warrant was held in case of an emergency, the wanted decision;
b) The reason for which he was held, captured;
c) is informed, explaining the rights and obligations specified in this Article;
d) The testimony, presenting an opinion, was not forced to give testimony against himself or forced to receive a guilty plea;
Give evidence, documents, objects, requests;
e) presenting opinions on evidence, documents, related items and the requirement for a competent authority to test, evaluate;
g) Self-defense, thanks to the defense;
) A decision-making, the conduct of the agency, who has the authority to conduct the chant in holding people, to arrest people.
2. The person held in the case of an emergency, who was arrested is obligated to accept the arrest warrant, the arrest warrant and the agency ' s request, who has the authority to hold the person, arrest the prescribed person of the Code.
1. The person who is held as a person who is held in a case of emergency, arrested in the case of a funeral charge, is arrested on a warrant or an offender who commits suicide, first and for them to have a decision to hold.
2. The holder has the right to:
a) The reason for which he is suspended; the decision to hold, the decision to renew the hold, the decision to approve the decision to renew the parole and other proceedings under the provisions of this Code;
b), the interpretation of the rights and obligations specified in this Article;
c) Presentation of the testimony, presenting an opinion, not forced to give testimony against oneself or forced to receive a guilty plea;
d) Self-defense, by the defense of the defense;
Give evidence, documents, objects, requests;
e) presenting opinions on evidence, documents, related objects and the requirement for a competent person to conduct examination proceedings, assessment;
g) decision-making, the prosecution's proceedings, who have the authority to conduct proceedings on the parole.
3. The person who is suspended is obligated to accept the provisions of this Code and to enforce the detention, detention.
1. The defendant is the person or the legally charged with the criminal prosecution. The rights and obligations of the defendant are legally executed through the law of the law by the rule of the law.
2. The defendant has the right:
a) To know the reason he was accused of;
b), the interpretation of the rights and obligations specified in this Article;
c) The decision to prosecute the prosecution; the decision to change, the addition of the forced prosecution decision, the decision to approve the alleged prosecution decision, the decision to ratiate the decision to change, the addition of the forced prosecution decision; the decision to apply, change, cancel The deterred, the forced measure; the conclusion of the investigation; the decision to suspend, suspend the investigation; the decision to suspend, suspend the case; the indictment, the prosecution decision and other proceedings under the provisions of this Code;
d) The testimony, presenting an opinion, was not forced to give testimony against himself or forced to receive a guilty plea;
Give evidence, documents, objects, requests;
e) presenting opinions on evidence, documents, related objects and the requirement for a competent person to conduct examination proceedings, assessment;
g) Offer to be a judge, valuation of assets; offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator;
) Self-defense, thanks to the defense;
i) Read, record copies of documents or documents that are related to the accusation, discharges or other material copies related to the defense since the end of the investigation when required;
) A decision-making, the conduct of the agency, who has the authority to conduct proceedings.
3.
a) There is a summons from the person who has the authority to conduct proceedings. The absence of an unimpediable or unimpediable reason for the impediability, if the fugitive is wanted, is wanted;
b) Accept the decision, the request of the agency, who has the authority to conduct proceedings.
4. The Minister of Public Security, in coordination with the Supreme People 's Institute of Human Examination, Chief Justice of the Supreme People' s Court and the Minister of National Defense rules the details of the order, procedures, deadlines, the affected site, record documents or documents. Whether digitization is related to the accusation, the removal or other copy of the document is related to the defense when the defendant is required to be prescribed at the point of this 2.
1. The defendant is the person or the legal person who has been tried by the Court for trial. The rights and obligations of the accused are the legal entity to be carried out through the representative under the law of the law by the provisions of this Code.
2. The defendant has the right:
a) The decision to take the case to trial; the decision to apply, change, cancel the deterred measure, the coervate measure; the decision to suspend the case; the verdict, the decision of the Court and other proceedings under the provisions of this Code;
b) Join the trial;
c) is informed, explaining the rights and obligations specified in this Article;
d) Proposition of the property, valuation of the property; the offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator; the offer to summon the witness, the harm, the right, the obligation. to the case, the examiner, the valuation of the property, the other litigwoman, and the man who has the authority to proceed to the trial;
Give evidence, documents, objects, requests;
e) presenting opinions on evidence, documents, related objects and the requirement for a competent person to conduct examination proceedings, assessment;
g) Self-defense, thanks to the defense;
h) presenting statements, presenting opinions, not forced to give testimony against themselves or forced to receive a guilty plea;
i) recommend presiding over the trial or by itself asking the person to join the trial if the presiding agree; debate at the trial;
l) Say the last word before the resolution;
l) See the transcript of the trial, ask for modifications, additions to the trial boundary;
m) the court appeal, the decision of the Court;
n) the decision of the decision, the judgment of the agency, who has the authority to conduct proceedings;
o) Other rights under the rule of law.
3. The defendant has an obligation:
a) There is a summons from the Court. The absence of an unimpediable or unimpediable cause may be imposed; if the fugitive is wanted;
b) Accept the decision, the request of the Court.
1. Damage is a person who directly suffers from physical, mental, property or agency damage, the organization suffers from the property, the prestige caused by the crime or the threat.
2. Being harmed or their agent has the right:
a) to be informed, to explain the rights and obligations specified in this;
b) Give evidence, documents, objects, requests;
c) The presentation of evidence, documents, related objects, and the request for the authority to conduct examination proceedings, evaluate;
d) Proposition, valuation of property by law;
We are informed of the investigation, solving the case;
e) The offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator;
) Offer punishment, damages, compensated compensation measures;
h) Taking part in the trial; the presentation of the opinion, the suggestion of presiding over the trial of the accused and others taking part in the trial; debate at the trial to protect its legal rights and interests; see the trial of the trial;
i) To the protection of the power and to the good,
l) Participate in the proceedings under the regulation of this Code;
l) The agency requires the authority to conduct proceedings for protection of life, health, honor, dignity, property, rights, and other legitimate interests, his loved ones when threatened;
m) the court appeal, the decision of the Court;
n) the decision of the decision, the judgment of the agency, who has the authority to conduct proceedings;
o) Other rights under the rule of law.
3. The case of the case being initiated at the request of the harm was harmed or their agent presented the accusation at the trial.
4.
a) There is a summons of the person who have the authority to conduct proceedings; the case of an absence of absence for inpossibility or not due to objective obstacles may be led.
b) Accept the decision, the request of the agency, who has the authority to conduct proceedings.
5. The case of death, loss, loss, or restricted civil action capacity is the representative exercise of the rights and obligations of the harm prescribed at this.
The organization, the organization, is the result of a split, separation, merger, incorporation, the representative of the law or organization, the successor to the authorities and the obligations of the agency, which has the rights and obligations under regulation at this.
1. Civil plaintiffs are individuals, agencies, organizations that suffer from the crime caused and have a single claim for damages.
2. Civil plaintiffs or their representative have the right:
a) to be informed, to explain the rights and obligations specified in this;
b) Give evidence, documents, objects, requests;
c) The presentation of evidence, documents, related objects, and the request for the authority to conduct examination proceedings, evaluate;
d) to be informed of the investigation results;
Request for a judge, valuation property according to the rule of law;
e) The offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator;
) Offer damages, compensated compensation measures;
h) Taking part in the trial; the presentation of the opinion, the suggestion of presiding over the trial of the participant in the trial; debate at the trial to protect the legal rights and interests of the plaintiffs; see the trial of the trial;
i ) Self-defense, by the defender of the power and of the legitimate interests;
n) The decision of the decision, the judgment of the agency, the authority to conduct the proceedings;
l) Appeal of the sentence, the Court ' s decision on the damages compensation;
m) Other rights under the rule of law.
3. Civil plaintiffs have a duty:
a) In accordance with the paper's summons, the authority of the authority to conduct proceedings;
b) The honest presentation of the circumstances concerning the compensation of the damage;
c) Accept the decision, the request of the agency, who has the authority to conduct proceedings.
1. The defendant is personally, the agency, the organization that the law stipulated to be responsible for damages.
2. Their civil defendants or their agents have the right:
a) to be informed, to explain the rights and obligations specified in this;
b) Accept or reject a portion or all of the requirements of the civil plaintiffs;
c) Give evidence, documents, objects, requests;
d) Presentation of evidence, documents, related objects, and the requirement for a competent person to conduct examination proceedings, assessment;
Request for a judge, valuation property according to the rule of law;
e) To be informed of the investigation, solving the case is related to the claim of damages;
g) The offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator;
h) Taking part in the trial; the presentation of the opinion, the suggestion of presiding over the trial of the participant in the trial; debate at the trial to protect the right and the legitimate interests of the defendant; see the trial of the trial;
i) To the protection of the power and to the good,
n) The decision of the decision, the judgment of the agency, the authority to conduct the proceedings;
l) Appeal of the sentence, the Court ' s decision on the damages compensation;
m) Other rights under the rule of law.
3. conserved by civil service:
a) In accordance with the paper's summons, the authority of the authority to conduct proceedings;
b) The honest presentation of the circumstances concerning the compensation of the damage;
c) Accept the decision, the request of the agency, who has the authority to conduct proceedings.
What? 65. People with rights, obligations in connection with the case
1. The right person, the obligation in relation to the case is personal, the agency, the organization has the rights, the obligation in relation to the criminal case.
2. Who has the rights, the obligation in relation to the case or their representative has the right:
a) to be informed, to explain the rights and obligations specified in this;
b) Give evidence, documents, objects, requests;
c) Request for the regulation, valuation of assets by law;
d) Attend to the trial; the statement, the presiding offer of the trial of the trial participants; debate at the trial to protect its legal rights and interests; see the trial of the trial;
Self-defense, by the defender of the power and of the legitimate interests;
e) presenting opinions on evidence, documents, related items and the requirement for the authority to conduct examination proceedings, assessment;
g) The conviction of the sentence, the Court ' s decision on direct matters relating to the rights, his obligations;
) The complaint, the judgment of the agency, the authority to conduct the proceedings;
i) Other rights under the rule of law.
3. Who has the rights, the obligation in connection with the case is obliged:
a) In accordance with the paper's summons, the authority of the authority to conduct proceedings;
b) The honest presentation of the circumstances concerning the rights and obligations;
c) Accept the decision, the request of the agency, who has the authority to conduct proceedings.
1. The witness is the person who knows the details associated with the source of the crime, about the case and being questioned by the authority to conduct proceedings to testify.
2. The following are not corroborated:
a) The defense of the accused.
b) People due to mental or physical disadvantages without the ability to be aware of the conditions associated with the source of the crime, on the case or without the ability to declare properly.
3. The witness has the right:
a) to be informed, to explain the rights and obligations specified in this;
b) Ask for the agency to summon protection, health, honor, dignity, property, and rights, other legitimate interests of his, his loved ones when threatened;
c) The decision of the decision, the judgment of the agency, who has the authority to conduct the proceedings concerning the testimony of his participation;
d) To be able to convene travel costs and other costs under the rule of law.
4.
a) There is a summons from the agency with the authority to conduct proceedings. The case is intentionally absent without any resistance or not due to objective obstacles and their absence is impediable for the settlement of the source of crime, prosecution, investigation, prosecution, trial, and trial.
b) The honest demonstration of the circumstances in which he is concerned with the source of the crime, the case and the reason to know the details.
5. The person who testis falsely reports or refuses to declare, evasion of the declaration without cause of any resistance or not due to the objective of the objective, is subject to the criminal code of the criminal code.
6. Agency, organization where the person who testis to work or learning is responsible for faciliteit to participate in the proceedings.
1. The witness is that the person who is given the authority to conduct the proceedings requires witness to the conduct of the proceedings under the provisions of this Code.
2. The following are not being witnessed:
a) The loved one of his accusers, who has the authority to conduct proceedings;
b) People due to mental or physical disadvantages without the ability to perceive the right thing;
) He is under 18.
d) There is another reason that the person is not objective.
3. The witness has the right:
a) to be informed, to explain the rights and obligations specified in this;
b) Ask for the competent authority to conduct compliance with the rule of law, protection of life, health, honor, dignity, property, and rights, other legitimate interests of his, his loved ones when threatened;
c) Consider the proceedings, make comments about the proceedings that you witnessed;
d) The decision was made, the proceedings of the agency, who had the authority to conduct the proceedings concerning his participation;
The law is given to the laws of the law.
4. The witness has an obligation:
a) At the request of the authority of the authority to conduct proceedings;
b) The full proof of the proceedings is required;
c) Signature of the activity that you witnessed;
d) Keep a secret of the investigation activity that you witnessed;
In fact, we have to express the circumstances that we have witnessed at the request of the authority of the competent authorities to conduct proceedings.
1. The examiner is the person with a specialized knowledge of the field of authority, given the authority to conduct a court proceedings, the participants of the proceedings required by the law.
2. The examiner has the right:
a) Find out the document of the case that is relevant to the subject must be specified;
b) The request for the referendum, the participant of the request for the provision of the provision of the documentation required for the conclusion;
c) Attend to the asking of the bow, take the testimony and question the problems that are related to the monitoring object;
d) The refusal to perform a judge in the event of time is not sufficient to proceed with the conduct, whether the documents provide sufficient or no value to conclude, the content requires that the examiner exceed the scope of his expertise;
) Write its opinions on a general conclusion if not unified with the general conclusion in the case of the set of directors conducted by the collective.
e) Other rights under the provisions of the judicial examiner.
3. The examiner has an obligation:
a) There is a summons of the authority of the authority to conduct proceedings;
b) Keep the secret of the investigation that you know when you're done.
c) Other obligations under the provisions of the Judicial Regulation Law.
4. The examiner concludes the fraud or refuses to conclude the procedure without being due to an unimpediable reason or not due to the objective of being objectively responsible for the stipulation of the Code of Criminal Code.
5. The examiner must refuse to join the proceedings or be changed when belonging to one of the following cases:
a) at the same time be hurt, and in the presence of a man, the loved of the hurt, of the cause, or of the accused, of the accused;
b) joined as a defense, a witness, interpreter, translator, property valuation person in that case;
c) There was a trial in that case.
6. The change of the examiner is due to the decision-making body.
1. The asset valuation is the person with a professional knowledge of the price sector, which is given the authority to conduct the proceedings, the participant in the proceedings requires the valuation of the property by the rule of law.
2. Property valuers have the right to:
a) Learn the document of the case concerning the subject must be priced;
b) The request for the agency to request the valuation, the participant of the proceedings requires the valuation of the necessary documentation for the valuation;
c) The refusal to make a valuation in the event of time is not sufficient to conduct a valuation, whether the documents provide sufficient or no value to valuation, the content requires the valuation beyond the scope of your expertise;
d) Write its conclusions on the general conclusion if not unionally with the conclusion of the Property valuation Council;
Other rights under the rule of law.
3. Property valuation persons with obligation:
a) There is a summons of the authority of the authority to conduct proceedings;
b) Keep the investigation secret that you know when the asset valuation is done;
c) Other obligations under the regulation of the law.
4. The valuation of the property that concludes the fraud or refuses to participate in the valuation without due to an inpossibility or not due to an objective impediability is subject to the statutory responsibility of the Code of Criminal Code.
5. The asset valuation person must refuse to participate in proceedings or be changed when belonging to one of the cases:
a) at the same time be hurt, and in the presence of a man, the loved of the hurt, of the cause, or of the accused, of the accused;
b) joined as a defense, witness, examiner, interpreter, interpreter, in that case;
c) There was a trial in that case.
6. The change of asset valuation persons due to the agency requires the valuation of the property to decide.
What? 70. interpreter, translator.
1. The translator, the translator who is the ability to translate, translation, and is given the authority to conduct the required proceedings in the event that the person involved in the proceedings did not use the Vietnamese language or had the unexpressed legal document. in Vietnamese.
2. The translator, the translator had the right:
a) to be informed, to explain the rights and obligations specified in this;
b) Offer the body to require protection of life, health, honor, dignity, property, and rights, other legitimate interests of his, his loved ones when threatened;
c) The decision to decide, the proceedings of the agency, who has the authority to conduct proceedings in connection with the translation, translation;
d) The body is required to pay for the expense of interprets, translation, and other regimes according to the law.
3. The translator, the translator had the obligation:
a) There is a summons of the authority of the authority to conduct proceedings;
b) The translation, the honest translation. If the translator, the fraudulent translation, the translator, the translator shall be subject to criminal responsibility by the Code of Criminal Code;
c) Keeping a secret of what you know when translation, translation;
d) Have to commit to the agency that asked about the implementation of his obligations.
4. The translator, the translator must refuse to join the proceedings or be changed when belonging to one of the cases:
a) at the same time be hurt, and in the presence of a man, the loved of the hurt, of the cause, or of the accused, of the accused;
b) joined as a defense, a witness, a judge, who valued the property in that case;
c) There was a trial in that case.
5. Change the translator, the translator due to the agency ' s request for translation, the decision translation.
6. Regulations at this also apply to the person who knows the gesture, the behavior of the mute, the deaf, the letter of the blind.
What? 71. Responsibility for notification, interpretation and guarantee of the rights and obligations of the participant proceedings.
1. The Agency, who has the authority to conduct proceedings with the responsibility to inform, interpret and ensure the exercise of the rights and obligations of the participants in accordance with the provisions of this Code.
The case of the accused, who is subject to a legal aid under the provisions of the Legal Aid Act, the authorities, who have the authority to conduct proceedings, have the responsibility to explain to them the right to the legal aid; if they offer assistance. It helps justice, the agency, who has the authority to conduct a press release to the State Legal Aid Center.
2. The announcement, the interpretation must be written to the editor.
DEFENSE, PROTECTION OF THE RIGHT AND LEGITIMATE INTERESTS OF HARM, OF COURSE.
1. The healer is the person charged with the defense or the authority with the authority to conduct the specified proceedings and be given the agency, who has the authority to conduct the proceedings to accept the registration of the plea.
2. The healer may be:
a) Counsel;
b) The representative of the accused;
c) To the people of the people;
d) Legal assistance in the case of the accused person of the subject of legal assistance.
3. People who are Vietnamese citizens from the age of 18 or older, loyal to the Fatherland, which have good ethical qualities, have legal knowledge, sufficient health care to complete the task of being delivered, which is being held by the National Front Committee of Vietnam or its membership organization. of the face of the election campaign for the accused is a member of their organization.
4. The following are not defended:
a) He made a charge against it, and his loved ones were, or he was doing the case,
b) The participant of that case as a witness, the examiner, the valuation of the property, the translator, the translator;
c) The person who is in charge of criminal responsibility, who is convicted of having not been cleared of the case, who is being applied for administrative treatment to the mandatory rehab facility, compulsory education facility.
5. A healer can plead for many to be charged in the same case if their rights and interests do not face each other.
Many of the healers can justify a person being charged.
What? 73. The rights and obligations of the defense
1. The healer has the right:
a) See, ask the accused.
b) There is a presence when asked by the arrest of the arrested person, when asked by the body, and if the person has the authority to proceed with the testimony, asking if the person is arrested, the person who is held, the defendant. After every time he takes the testimony, asking the authority of the authority to the end, the defense may ask the man who is arrested, the man who is held, who is under arrest;
c) Available in the activity of the property, identification, voice recognition and other investigation activity according to the regulation of this Code;
d) The authority of the authority to advance the preface to time, place of testimony, question, and time, the site of conducting other investigations under the provisions of this Code;
This is a report of the proceedings of his participation, the decision of the proceedings concerning whom he is able to defend;
e) The offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator; the offer of change, the cancellation of the deterred, the forced measure;
g) Offer to conduct proceedings under the provisions of this Code; offer to summon the witness, the other litiger, who has the authority to conduct proceedings;
h) Collacing, giving evidence, documents, objects, requests;
i) Check, evaluate, and present opinions on evidence, documents, related objects and require competent authority to conduct examination proceedings, assessment;
) Offer the authority to have the authority to proceed with the proceedings of the collection of evidence, additional oversight, reappraisal, revaluation of property;
l) Read, record and copy the documents in the case file associated with the defense from the end of the investigation;
m) Joining the question, debate at the trial;
n) the decision of the decision, the judgment of the agency, who has the authority to conduct proceedings;
o) Appeal of the sentence, the decision of the Court if the defendant is under 18 years of age, who has a mental or physical defect according to the rules of this Code.
2. The defense has an obligation:
a) Use of all measures prescribed by law to elucate the circumstances of identifying the person charged with innocence, the mitigalization of the criminal responsibility of the defendant, the accused;
b) Help persons to be charged with the legal side in order to protect their legal rights and interests;
c) Not to be denied a plea for the accuser he has assumed to plead if not for the inpossibility of resistance or not due to objective obstacles;
d) Respect the truth; not to be bought, forced, or inciting others to declare lies, to provide false documents;
There are a subpoena; the case specifies a person's defense at 1 Article 76 of the Code to be present at the request of the Bureau of Investigation, the Institute of Examination;
e) Not to reveal the secret of the investigation into which he knew when to make a plea; not to use the documented document, so taken in the case file on the purpose of violating the interests of the State, public interest, the legal rights and benefits of the agency, the organization, Personally,
g) Not to disclose information about the case, about the accused in which he knew when the defense, except where the person agrees in writing and is not used with that information on the purpose of violating the interests of the State, public interest, rights and benefits. The legal utility of the agency, the organization, the individual.
3. The defense of the law of the law is subject to the nature, the degree of violation that is cancelled by the registration of the defense, which is subject to disciplinary action, sanctipated the administrative breach, or the prosecution of criminal responsibility; if the damage is caused by the law.
The person who has treated the proceedings since the prosecution's been found.
In case of arrest, the person who has been able to defend the proceedings since the person's arrest is present at the headquarters of the Agency for the investigation, the agency tasked with conducting a number of investigative activities or since the decision has been held.
In case of a secret investigation into the crimes of national security, the Institute of Police has jurisdiction over the decision to have the defense of the case since the end of the investigation.
What? 75. Choice of the defense
1. The person who is the person who is charged with the accused, the agent or their loved one selected.
2. In a 12-hour period from the receipt of a request for the arrest of the arrested person, the authorities have jurisdiction over the arrest of the arrested person, who is held responsible for this transfer responsibility for the defense, the agent or the officer. Their loved ones. In the case of the arrest, the person who is detained does not state the name of the defense, the authorities are administing the arrested, who is suspended from the transfer to the agent or their loved ones so that these people are treated by the person.
For a period of 24 hours after receiving the application of a person's defense, the authorities are administing the custody of the person who is responsible for the transfer of the application to the defense, the agent, or their loved ones. In the absence of a person who is suspended for the name of the defense, the authorities are administing the person who is imprisoned for the transfer of this application to their representative or their loved ones so that these people are due to the defense.
3. The case of the agent or the loved one of the arrested, who is detained, who is suspended for a request by the person of the defense, authorities have the authority to inform the arrested, who is suspended, who is in custody. The idea of being a healer.
4. The accused, the representative or their loved one recommended the Vietnam Fatherland Front Committee and members of the Front Front from the district, the town, the town, the city, the city of the province, the city of the city. to be able to defend the people who are accused of being a member of their own organization.
1. In the following cases if the person who is charged, the agent or their loved one does not invite the defense, the authorities with the authority to conduct the proceedings must specify the person to defend them:
a) The defendant, accused of the charges by which the Code of Criminal Code specifies the highest level of the penalty frame of 20 years in prison, life imprisonment, death;
b) The person accused of having physical disadvantages that cannot be self-defense; the person with a mental defect or person under 18 years of age.
2. The authorities with the authority to conduct proceedings must ask or recommend the following organizations send a plea for the prescribed cases at 1 Article:
a) The division of lawyers organized law enforcement lawyers;
b) The State Legal Aid Center for Legal Aid, Defense Attorneys for Legal Aid;
c) The Vietnam National Front Committee and member organizations of the National Front for Treating People to be charged with the accused are members of their organization.
What? 77. Change or deny the defense.
1. The following persons have the right to refuse or offer to change the defense:
a) A man charged;
b) The representative of the accused;
c) The loved one of the accused.
Any case of change or rejection of a person must have the consent of the accused and set to be compiled into the case file, except for the specified case at the point b 1 Article 76 of this Code.
2. The case of the arrested, who was detained, who was in custody during the investigation period, the recommended rejection of a plea was denied by their loved ones. He's in custody to confirm his rejection.
3. The case specifies the inductees stipulated at 1 Article 76 of this Code, who are charged and their agent or relatives still have the right to ask for change or rejection of a plea.
In case of changing the person, the designation of another defense is carried out by regulation at paragraph 2 Article 76 of this Code.
In case of rejection of the defense, the authorities have the authority to conduct a procedure for the rejection of the accuser of the accused or the representative, the person's relatives charged with the stipulation at point b 1. 76 of this Code and end the designation of the defense.
What? 78. Proceduring procedure
1. In any case of litigation, the defense must register for the plea.
2. When registering a plea, the defense must publish the papers:
a) A lawyer with a lawyer's card with a copy of a certificate of a certificate and a solicitor's request for the charge of the accused, or of the representative, and of the accuser of the accused;
b) The representative of the person charged with the publication of the People's Certificate of Citizenship Or Citizenship Card with a copy of the certificate and confirmation of the authorities with the authority of the authority on their relationship with the accused;
c) People's Citizenship Identification of the People's Identification Card or Citizenship Card with a copy of a copy of the certificate and staff of the People's National Front Committee and members of the Front;
d) Legal assistance, law enforcement officers who implement the legal assistance of the organization performing legal assistance to the organization's legal aid, and the Legal Aid Card or the Legal Card accompanied by a copy of the certificate.
3. The case specifies the person who provides the regulation at Article 76 of this Code, the person who defended the papers:
a) A lawyer with a lawyer's card with a copy of a copy of the law, and the law of a lawyer in the law of a lawyer, where the lawyer works, or the attorney general's office for a lawyer, is personal;
b) People's Citizenship Identification or Citizenship Card with a copy of a copy of the certificate and staff of the People's National Front Committee and members of the Front;
c) Legal assistance, law enforcement aid in the legal assistance of a Legal Aid Card or a Code Card accompanied by a copy of the certificate and the text of the person to carry out the legal assistance of the State Legal Aid Centre.
4. For the 24-hour period since receiving enough paperwork at paragraph 2 or paragraph 3 This, the authorities have the authority to conduct the proceedings to check the papers and see no case of refusing to register for the registration of the prescribed plea at paragraph 5. In the register of the plea register, send a message to the person who does the defense, the detention facility, the detention facility, and the paperwork associated with the registration of the plea into the case file; if the trial is not qualified, it is denied the registration of the plea. specify a written reason.
5. The authorities with the authority to conduct proceedings reject the registration of the plea when belonging to one of the cases:
a) The case stipulated at paragraph 4 Article 72 of this Code;
b) The person accused of the case of the designation of the defense refused a plea.
6. The text message message has the value to use during the course of the proceedings, except for the cases:
a) Who is accused of refusing or offering to change the person of the plea;
b) The representative or relatives of the accused are charged at the point b paragraph 1 Article 76 of this Code reject or offer to change the person of the defense.
7. The authorities have the authority to conduct proceedings to cancel the registration of the plea register and inform the defense, the detention facility when belonging to one of the cases:
a) When it is discovered that the person is treated in the prescribed case at paragraph 4 Article 72 of this Code;
b) Violate the law upon the conduct of the defense.
What? 79. Responsible for the defense.
1. The authority with the authority to conduct proceedings must foresee a reasonable time for the person to justify the time, the site to conduct the proceedings under which they have the right to participate in accordance with the provisions of this Code.
2. The case of the defense has been given the authority to advance the prior warning without the presence of the proceedings, except for the specified case at Article 291 of this Code.
What? 80. Meet the arrested, who has been detained, is involved, the accused is in custody.
1. To meet the arrested, the person who is detained, who is involved, the defendant is in custody, the defense must be published in a plea for a plea of a plea, a lawyer card or a Legal Aid Card or a citizen ID or a citizen ID card.
2. The arrest of the arrested person, who is detained, is involved, the accused is being detained must be disseminable to the intranet, the statute of the detention facility and the requirement that the person of the treatment be strictly approved. The case of finding a violation of the breach of the breach is to stop meeting and setting up a report, reports the authority to handle the rule of law.
What? 81. Collum, Capture, Document, Materials related to the defense of the defense
1. The person who collects evidence, documents, objects, and details are related to the prescribed defense at paragraph 2 Article 88 of this Code.
2. Depending on each stage of the proceedings, when gathering evidence, documents, objects associated with the defense, the person must promptly hand over the authorities to conduct proceedings in order to enter the case file. The delivery, the identification, the document, the object must be compiled in accordance with the provisions of Article 133 of this Code.
3. The case is not able to collect evidence, documents, objects associated with the defense, the defense may recommend the authority to conduct the proceedings.
What? 82. Read, record, copy of the document in case file
1. After the conclusion of the investigation, if there is a request to read, record, copy the document in the case file associated with the defense, the authorities have the authority to conduct proceedings that are responsible for the layout of time, place for the person to be able to read, record, copy. documents in the case file.
2. After reading, logging, copying the document, the defense must hand over the case of the case file to the agency that has provided the profile. If lost, lost, document damage, case files, the extent of the crime, the extent of the breach, is subject to the rule of the law.
What? 83. The defender of the legal rights and interests of the whistled, who is accused of prosecution
1. The defender of the legal rights and interests of the whistled person, who is accused of the prosecution as the person being denounced by the person, who is accused of prosecution by defending the right and legitimate interests.
2. The defender of the legal rights and interests of the whistled, who is accused of the prosecution may be:
a) Counsel;
b) A people's service.
c) The agent;
d) Legal assistance.
3. The defender of the legal rights and interests of the whistled, who is given the right to the prosecution:
a) Make evidence, documents, objects, requests;
b) Check, evaluate, and present opinions on evidence, documents, related objects, and require competent persons to conduct examination proceedings, evaluation;
c) In the presence of a whistled person, the person who is accused of the prosecution and if an investigator or an investigator is asked to be questioned, the person who is accused of the prosecution. After each taking the testimony of the ending authority, the defender of the right and the legitimate interest of the whistled, the person who is accused of the prosecution has the right to ask the whistled person, who is accused of the prosecution;
d) There is a presence in the face of the subject, the identification, the perception of the voice of the whistled, who is accused of the prosecution;
I have a decision to conduct the judgment of the agency, who has the authority to conduct the proceedings.
4. The defender of the legal rights and interests of the whistled, who is accused of the prosecution of the obligation:
a) Use of the measures prescribed by law to contribute to clarify the objective truth of the case;
b) Help the whistled person, who is petit for legal prosecution to protect their legal rights and interests.
What? 84. The defender of the rights and legal benefits of harm, contemporary
1. The defender of the legitimate rights and interests of the hurt, who is harmed, is in charge of the protection of the right and the legitimate interests.
2. The defender of the rights and the legitimate interests of the harm, the incumbent may be:
a) Counsel;
b) Representative;
c) To the people of the people;
d) Legal assistance.
3. The defender of the rights and the legitimate interests of the harm, the incumbent:
a) Make evidence, documents, objects, requests;
b) Check, evaluate, and present opinions on evidence, documents, related objects, and require competent persons to conduct examination proceedings, evaluation;
c) Request for a judge, valuation of property;
d) There is a presence when the authorities have the authority to conduct proceedings, subject, identity, identity, recognition of the voice of the person he protects; read, record, copy of the documents in the case file relating to the protection of the rights of the harm and the incumbent. after the end of the investigation;
) Participate in question, debate at the trial; see the trial of the trial;
e) The decision of the decision, the judgment of the agency, who has the authority to conduct proceedings;
g) The offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator;
h) Appeal of the verdict, the Court's decision is related to the rights, the duty of whom he protects is under 18, who has a mental or physical defect.
4. The defender of the rights and the legitimate interests of the harm, of the same obligation:
a) Use of the measures prescribed by law to contribute to clarify the objective truth of the case;
b) Help to be harmed, legally in order to protect their legal rights and interests.
PROOF AND EVIDENCE.
What? 85. Problems to prove in the criminal case
When the investigation, the prosecution and the criminal trial, the authority with the authority to conduct the proceedings must prove:
1. There is a criminal offence that happens or not, time, place and other details of the offense;
2. Who is the person who performs the offense; guilty or without fault, due to deliberate or inadvertability; and with the power of duty or not; the purpose, the motive for sin;
3. Recent mitigation, severe increases in the criminal responsibility of the defendant, defendant and characteristic of the body of the defendant, defendant;
4. Compact and extent of the damage caused by the offence;
5. Cause and criminal condition;
6. Other incidents involving the exclusion of criminal responsibility, immunity from criminal responsibility, immunity from punishment.
The evidence is that what is real, collected by the order, procedures prescribed by this Code, is used as a base to determine whether or not there is criminal behavior, the person who does the offense, and the other things that have meaning in solving the case. Murder.
1. The evidence is collected, identified from the sources:
a) the material;
b) The testimony, the presentation;
c) Electronic data;
d), the value of the property, the value of the property;
In the case of prosecution, investigation, prosecution, trial, execution;
e) The results of the implementation of the judiciary and other international cooperation;
g) Documents, other objects.
2. What is true but not collected in sequence, the procedure prescribed by this Code is not legally valid and is not used as a base to resolve the criminal case.
1. To gather evidence, the competent authority to conduct proceedings has the right to conduct a collection of evidence under the regulation of this Code; the agency, the organization, the individual who provides evidence, documents, objects, electronic data, presents these situations. I mean, let's make it clear.
2. To collect evidence, the healer has the right to meet the person he is defending, harmed, the witness and others who know about the case to ask, hear them present on issues related to the case; recommend the agency, the organization, the individual to provide documents, furniture. animal, electronic data related to the defense.
3. Other litigated participants, agencies, organizations, or any individual can give evidence, documents, objects, electronic data, and present problems related to the case.
4. When taking over the evidence, documents, objects, electronic data related to the case due to those stipulated at paragraph 2 and paragraph 3 This provides, the authority with the authority to conduct proceedings must compile the protocol and test, judging by the rules of the order. This Code.
5. In the 5-day period since the date of the editorial set of investigation activity, collected, received documents related to the case by which the Auditor did not directly examine the provisions of the Code, the Agency for the investigation, the agency tasked with conducting the investigation. Some of the investigative activities have the responsibility to transfer the document, document it to the Institute for the inspection of case files. In case of objectiation, this term may last but not more than 15 days. For a period of 3 days, the audits stamped the pen and the copy of the record, the document filing document, and the document of the document, which is assigned to the Census, the agency tasked with conducting some investigation activities. The delivery, document receipt, is compiled in accordance with the provisions at the Terms 133 of this Code.
The object is an instrument used as a tool, criminal vehicle, object bearing crime, object being subject to crime, money, or other object with a value of criminal proof and a person guilty or meaning in solving the case.
1. The evidence must be preserved intact, not for loss, confusion, confusion. The preservation of the evidence is done as follows:
a) The material that needs to be sealed is sealed immediately after the collection. The sealing, the sealing, is compiled and placed in the case file. The sealing, opening of the evidence performed by the Government's regulations;
b) The material is money, gold, silver, precious metals, precious stones, antiques, explosives, substances of fire, toxins, radioactive substances, and weapons must be monitored immediately after collecting and having to be transferred immediately to preserve at the State Treasury or other authorities. If the evidence is money, gold, silver, precious metals, precious stones, the artifacts of the crime are set to seal as prescribed at this point; the evidence is a hazardous bacterium, human body parts, tissue samples, blood samples, and other specimens of the human body. It is the law of the law, which is in charge of the law.
c) The evidence cannot be brought back to the authority with the authority to conduct proceedings in order to preserve it, the authorities have the authority to conduct proceedings against the owner, the legal manager of their belongings, property, or relatives or the local government. the body, the body, the organization of the preserved evidence;
d) The object of the type to be corrupted or difficult to preserve, the competent organ within its jurisdiction decides to sell by law and transfer money to the jurisdiction of the competent authorities in the State Treasury to administer;
The witness to the authorities, the authorities, the People's Army, the People's Army, the body tasked with conducting some of the operational activities responsible for preservation of the evidence in this period. Torture, prosecution; the civil law enforcement agency is responsible for preservation of the evidence during the trial and execution of the trial.
2. The person who is responsible for preserving the evidence but to lose, damage, destroy sealed, consumer, unauthorized use, transfer, switch, storage, destruction of the evidence of the case, the degree of violation that is subject to disciplinary treatment or being prosecuted. It's the statutory responsibility of the law.
Case added, less, modified, modified, destroyed, damaging the evidence of the case in order to mislead the case file is liable; if the damage is caused by the law.
What? 91. The testimony of the witness.
1. The witness presents what they know the source of the crime, about the case, the person of the accused, the defendant, the relationship between them with the accused, the defendant, the other witness, and answering questions.
2. Not being used as evidence of the witnesses presented by the witnesses if they ca n' t make it clear because of the details of the situation.
What? 92. The testimony of harm
1. Being harmed presents the details of the source of the source of the crime, the case, the relationship between them with the accused and answering the question of question.
2. Not used to testify on the details of the damage presented if they ca n' t tell you how to know the situation.
What? 93. The testimony of civil plaintiffs, defendant
1. Civil plaintiffs, who are given a civil service by the civilian population, are involved in the damages caused by the damages caused by the crime.
2. It is not used to testify to the facts due to the civil plaintim, which is presented by the civilian defendant if they ca n' t make it clear because of the details of the situation.
What? 94. The testimony of the right person, the obligation in connection with the case
1. The person with the rights, the obligation in relation to the case of presenting the circumstances directly related to their rights, their obligations.
2. Not to be used as evidence of the human rights, the obligation in relation to the presentation if they ca n' t make it clear because of the details of the situation.
What? 95. The testimony of the person held in the event of an emergency, who was denounced, who was accused of the prosecution, who committed suicide, the surrender, who was arrested, is suspended.
The person who is held in the case of emergency, who is denounced, who is accused of the prosecution, who commits suicide, the beast, who is arrested, is suspended for details of the circumstances relating to them being suspected of committing crimes.
What? 96. The testimony of the whistled, the report of the crime
The whistled, the criminal reports of the crime presents the circumstances concerning their prosecution, the report of the crime.
What? 97. The testimony of the witness.
Witnesses presented the details they witnessed during the proceedings.
What? 98. The testimony of the defendant, defendant
1. The defendant, the defendant presented the details of the case.
2. The defendant ' s guilty plea, the defendant can only be seen as evidence if in accordance with other evidence of the case.
You can't use the defendant's confession, the defendant's only evidence to charge, conviction.
1. Electronic data are symbols, letters, digits, images, sounds, or similar forms that are created, stored, transmitted or received by electronic means.
2. Electronic data collected from electronic media, computer networking, telecommunications networks, on transmission lines and other electronic sources.
3. The evidence value of electronic data is determined based on how to initiate, store, or transmit electronic data; the way to ensure and maintain the integrity of electronic data; the way to identify the initialer and other suitable factors.
What? 100. The conclusion of the judging panel
1. The monitoring conclusion is the text by the individual or the agency, the organization that is set up to conclude the expertise on the matters of the referendum, the requirements of the examiner.
2. The agency, the organization, the individual concluded on the issue of the referendum, required the examiner and should be held accountable for that conclusion.
If the set is due to be conducted, all members sign the conclusion. In the case of differing opinions, each person noted his conclusion to the conclusion.
3. The case of an agency with the authority to conduct the proceedings does not agree with the stated conclusion, stating that, if the conclusions are not yet clear or incomplete, the decision to provide additional appraisal or resettlement under the common procedure stipulated at the Code.
4. The regulatory conclusion of the person on the basis of the examiner ' s decision to refuse or change is not legally valid and is not used as a base to resolve the case.
What? 101. Asset valuation conclusions
1. The conclusion of the asset valuation is the text of the Financial Valuation Council to conclude the price of the required assets.
The asset valuation council concludes the price of the property and is responsible for that conclusion.
2. The asset valuation conclusion must have the signature of all members of the property valuation Council. The case does not agree with the price of the property due to the Council's decision, the membership of the Council noted its conclusion to the conclusion.
3. The case of an agency with the authority to conduct proceedings without agreeing to the valuation of the property is to specify a reason; if the conclusion is not clear, the decision to revaluation under the general procedure stipulated at the Code.
4. The valuation conclusion of the Board of Property pricing violates the provisions of this Code, the other regulation of the law on valuation is not legally valid and is not used as a base to resolve the case.
What? 102. The text of the test operation, verify the source of the crime, the prosecution, the investigation, the prosecution, the trial
The details are written in the text of the test operation, verify the source of the crime, the prosecution, the investigation, the prosecution, the prescribed trial of this Code can be seen as evidence.
What? 103. The results of the implementation of the judiciary and other international cooperation
The results of the implementation of the judicial mandate and other international cooperation provided by the authority of foreign powers may be considered evidence if appropriate to the other evidence of the case.
What? 104. Documents, other items in the case.
The facts concerning the case in the document, the objects, the organization, the individual, can be considered evidence. In the case of the document, it has a specified feature at Article 89 of this Code, which is considered to be an object.
What? 105. Collection of objects
The evidence must be collected in time, full, the correct description is in the border and into the case file. The case of the evidence cannot be placed on a case file, and it must be taken to the case file. The evidence must be sealed, under the rule of law.
What? 106. Physical processing
1. The handling of the evidence provided by the Agency, the agency was assigned to conduct a number of decision-investigation activities if the case was suspended at the stage of the investigation; due to the examination house decided if the case was suspended at the prosecution stage; due to Chief Justice. The case is decided if the case is suspended at the trial stage; due to the trial of the jury, if the case has been put on trial. The implementation of the decision to process the evidence must be written to the border.
2. The evidence is processed as follows:
a) The material is the tool, the means of committing crimes, the banned materials, the circulation, the confiscation, the state budget, or the destruction;
b) The material is the money or the property due to the crimes that are found to be confiscated, submitted to the budget of the state;
c) The material with no value or no use is confiscated and destroyed.
3. During the investigation, the prosecution, the trial, the agency, who has the authority to rule at 1 This Article has the right:
a) Return to the property that has seized, held, but not a witness to the owner or the administrator of that asset;
b) Return the evidence to the owner or the legal manager if the test does not affect the handling of the case and execution of the execution;
c) The evidence of the type to be corrupted or difficult to preserve can be sold under the rule of law; the unsold case is destroyed;
d) The evidence is that wild animals and exotic animals are soon after the conclusion of the conclusion that it is required to hand over the specialized regulatory authority to have jurisdiction over the rule of law.
4. The case with a dispute over property rights to the material is resolved by the rule of law on civil proceedings.
What? 107. Gathering electronic media, electronic data
1. The electronic means must be obtained in time, in full, the correct description and sealing immediately after the capture. The sealing, the seal, is conducted by law.
Where it is not possible to capture the means of electronic data storage, the authorities have the authority to conduct proceedings to save the electronic data into the electronic media and preserve as to the evidence, while also requiring the agency, the organization, the associated individuals. The entire electronic data integrity that the authorities have the authority to conduct the proceedings and the agency, the organization, has to be held accountable to the law.
2. When collecting, blocking, backup of electronic data from electronic media, computer networking, telecommunication network or on the transmission line, the competent authority to conduct proceedings must be compiled and put into the case file.
3. When receiving the decision of the agency ' s decision to proceed with the authority to conduct proceedings, the organization is responsible for carrying out the recovery, search, monitoring of electronic data.
4. Recovery, search, monitoring of electronic data is only done on a copy; recovery results, search results, which must be transferred to the form that can be read, heard or seen.
5. Electronic media, electronic data are preserved as evidence under the rules of this Code. When a certificate is electronic data must be accompanied by a data storage vehicle or electronic data copy.
What? 108. Check out the evidence.
1. Each evidence must be checked, evaluated to determine the legitimacy, authentication, and connection to the case. The identification of the evidence collected is warraned enough to solve the criminal case.
2. The person with the authority to conduct proceedings within the scope of the mission, his powers must check, fully evaluate, objectively, all evidence that has been collected on the case.
DETERRED, COERCATED MEASURE
Item I
CONTAINMENT MEASURES
What? 109. Containment measures
1. To promptly stop the crime or when a base proves the accused will make it difficult for the investigation, prosecution, trial, or will continue to commit a crime or to secure the execution of the court, the agency, who has the authority to conduct proceedings within the jurisdiction. It is possible to apply the measure of the person in case of emergency, arrest, detention, detention, security, order to secure, to ban the residence, to suspend the situation.
2. The arrest cases include the arrest of the person who was held in the case of an emergency, which arrested the offender, arrested the man who was being wanted, arrested for the arrest, arrested for extradition.
What? 110. Keep people in case of emergencies.
1. When one of the following cases is held:
a) There is enough base to determine that person is preparing to perform a very serious crime or serious special crime;
b) A person who is committed to the crime or the harm, or who is present at the site of the crime of the sight, and confirmed that it is the man who committed the crime, and found it necessary to prevent him from hiding;
c) There are traces of crime in people or at the site or workplace or on the vehicle of the suspect who carried out a crime and found the need to prevent the person from hiding or destroying evidence.
2. The following have the power to order the holder in case of an emergency:
a) The Prime Minister, Deputy Head of the Agency for the investigation of the levels;
b) The independent unit of the regiment and the equivalent, the Chief of the Border Station, the commander of the Border Patrol Border, the commander of the provincial frontier, the central city of the Central Committee, the Chief of the Guard of the Border Patrol. In case, the Bureau of Defense, Drug Enforcement, Drug Enforcement and Crime Division, Corps of Defence, Drug Enforcement and Crime Command; Commander of the Marine Police Department, Department of Public Affairs and Police Department law, Captain of the Army Corps of Defense, Anti-Drug Criminals.
c) The commander of the flying boat, the sea boat when the ship, the liner has left the airport, the harbour.
3. The order to keep people in case of an emergency must specify a name, the address of the holder, the reason, the base holder of the specified person at paragraph 1 This and the specified contents at paragraph 2 Article 132 of this Code. The implementation of the hold on the person in the event is required in accordance with the provisions in paragraph 2 of the Code 113.
4. For a 12-hour period since keeping people in case of an emergency or receiving a person held in case of an emergency, the Agency for the Census, the agency tasked with conducting some investigation activities must take testimony immediately and those who rule. at a point a and a b point 2 This must make a decision to hold, ordering the arrest of the person to be held or released immediately to the person. The arrest warrant in case of an emergency must be sent directly to the Institute of the same degree or the Institute of Competent Examination with documentation relating to the holding of the person for approval.
After holding people in case of an emergency, those stipulated at the point of paragraph 2 This must address the person being held with the document associated with the holding of the person in an emergency to the Census Bureau where the airport is located or the terminal port. The ship is returning. In the 12-hour period since the adoption, the Investigated Agency must take testimony immediately and those who stipulate at the point a 2 This must make a decision to hold, ordering the arrest of the person to be held in the case of emergency or immediate return. That man. The arrest warrant in case of an emergency must immediately be sent to the Institute for the examination of the same rank associated with the holding of the person for approval.
A warrant for the arrest of a person in an emergency must specify a name, the address of the holder, the reason, the base holder of this Article 1 Article and the specified contents at the end of Article 132 of the Code.
5. The filing recommended that the arrest warrant for the arrest warrant was held in case of an emergency:
a) The proposed Office of the Examination Institute approved the arrest of the arrest warrant in case of an emergency;
b) The warrant for the holder in case of an emergency, the arrest warrant was kept in case of an emergency, a temporary decision;
c) The border holds people in case of emergency;
d) The declaration of testimony of the person held in case of an emergency;
Evidence, documents, objects related to keeping people in case of an emergency.
6. The Institute of Police must closely examine the base of the specified holder at this one. In case of necessity, the officer must directly meet, ask the person who is held in the case of an emergency before considering, the decision to approve or decide not to rative the arrest warrant held in case of an emergency. The statement of the testimony of the person who was held in case of an emergency was taken by an officer to file a case, the case.
In the 12-hour period since receiving a request for the approval of a warrant for the arrest of the arrest warrant in case of an emergency, the Institute of Examination must make a decision to ratiate or decide not to ratiate. The case of the Institute of Examination decided not to rative the arrest warrant in case of an emergency, who ordered the holder in case of an emergency, the Investigative Agency who had been held in case of an emergency must immediately return the person. Got it.
What? 111. Arrest the prisoner of mourning.
1. For the person who is performing a crime or immediately after the execution of a crime that is found or arrested, any person has the right to arrest and address the person who is taken to the Public Security Agency, the Institute of Examination or the nearest People ' s Committee. These agencies must compile a receipt and address the person who is arrested or alerted to the authorities.
2. When a person commits an offender, someone has the right to disarm the weapon, the weapon of the captured.
3. Case of Public Security, ward, town, Security Station to arrest arrests, reception of a funeral offender, arrest of weapons, weapons, and document preservation, related items, border arrest, initial testimony, current protection, the school under the rule of law; the person who is arrested or alerted immediately to the Agency for jurisdiction.
What? 112. Arrest the fugitive.
1. For the person who is being wanted, any person has the right to catch and address the person who is taken to the Public Security Agency, the Institute of Examination or the nearest People ' s Committee. These agencies must compile a receipt and address the person who is arrested or alerted to the authorities.
2. When a man is wanted, he has the right to disarm the weapon, the weapon of the captured.
3. Case of Public Security, ward, town, Police Station to arrest arrests, reception of the person who is being wanted to capture, suspend weapons, weapons and document preservation, the relevant object, the affidavit of the arrest of the person, take the original testimony; who was arrested or alerted to the authorities.
What? 113. Arrest him, defendant for custody.
1. The following have the right to order, the decision to catch the can, defendant for custody:
a) The Prime Minister, Deputy Head of the Agency for the investigation of the ranks. In this case, the arrest warrant was approved by the Institute for the same level prior to execution;
b) The Institute of Ministers, Deputy Director of the Institute for Human and Human Examination, Deputy Director of the Military Examination Institute;
c) The Chief Justice, Deputy Chief Justice of the People ' s Court and Chief Justice, Deputy Chief Justice of the Military Court of Military Assemblies; Board of Trial.
2. The arrest warrant, the decision to ratiate the order, the decision to capture the surname, the address of the arrested person; the reason for arrest and the stipulated content at paragraph 2 Article 132 of this Code.
The execs of the order, decided to read the order, decide; interpret the order, the decision, the right, and the obligation of the arrested person and have to set the border on the arrest; deliver the order, the decision for the person to be arrested.
When the person was taken at the residence, the residence had to be a representative of the township, the ward, the town, and the other. When the person is in place where the person works, the student must have the agency's agency, the organization where the person works, learning to see. When conducting someone else, there must be a witness of representative of the government, the ward, the town where it takes to arrest him.
3. No arrests at night, except for cases of mourning or arrest.
What? 114. The things to do right after keeping people in the case of emergency, arrest or receiving people, are arrested.
1. After keeping people in case of an emergency, taking people or receiving people in custody, arrested, the Agency for the investigation, the agency tasked with conducting some investigation activities must take testimony immediately and in the 12-hour deadline must decide on either parole or trial. Freedom for the arrested.
2. After taking the testimony from the arrest warrant, the Agency for the Questioning of the recipient must inform the Agency for the arrest of the arrest warrant. After receiving the arrest, the agency has decided to make a wanted decision.
When the agency has decided that the arrest cannot be reached immediately after the arrest, the Agency for the Investigation Of The Arrested is immediately decided to hold and inform the agency that the prosecution decides; if it is out of time. A warrant for the custody of the wanted decision is not yet to come to the arrest, the Investigative Agency has been taken to the custody and sent to the decision to extend the hold with the relevant document to the Institute for approval.
The case cannot be admitted to the arrest, and the agency has decided to have the authority arrested so that the detention order must be sent to the detention order and the arrest warrant was issued by the Institute for the Arrest Warrant for the Arrest Warrant. After receiving an arrest warrant, the Agency for the Receiving Arrests of the person is arrested immediately to the nearest detention facility.
3. The case of the arrest of a number of wanted decisions is the Agency for the Receiving Arrests of the person who has been arrested for the agency has decided to have the most wanted.
What? 115. Transcript of the holding in case of an emergency, border arrest
1. The execs of the execution of the person in the event of an emergency, the execution of the order, or the decision to arrest in any case must be set up.
The border must be clear, day, month, year, place of hold, catch, place of the border; what has been done, the situation that goes on, the situation, the execution, the order, the order, the documents, the items, the documents, the items that are suspended, the state of your health and your opinion, your complaint. who is held, who is captured and the contents prescribed at Article 133 of this Code.
The editor was read to the detained, who was captured and the witness heard. The person who is held, who is arrested, who execs the order, orders or decides to arrest and the person who witnesses to the same sign, if one has any other opinion or does not agree to the written content, has the right to write to the border and sign it.
The temporary holding of the document, the object of the holder, the arrested person must be conducted under the provisions of this Code.
2. When delivery, recipient of the holder, the arrested must be set up.
In addition to the specified content at this 1 Article, the receipt must also specify the intersection of statements, documents, items collected, the health of the detained person, the captured person, and the circumstances of the protocol.
What? 116. Announcement of the holder in case of emergency, arrest.
After the holder, arrest the person, the person who orders to hold the person, order or decide to arrest the person who must inform the family to be held, captured, the authorities, the wards, the town where the person resides or the agency, the organization where the person works, learns. I know.
In the 24-hour period since the recipient, arrested, the Agency for Receiving Custody, is arrested for the family to be held, arrested, the authorities, the wards, the town where the person resides or the agency, the organization where the person works, learns. I have to inform the foreign citizen of Vietnam to inform the foreign representative of the country whose citizens are held, arrested.
If the notification interferes with other objects or obstructs the investigation, after the obstruction is stopped, the person who orders to hold the person, the order or the decision to arrest the person, the Agency for the investigation of the person is held, and the person is immediately notified.
1. Hold on to be applicable to the person who is held in case of an emergency, who is caught in the case of a funeral of mourning, the offender who commits suicide, surrendered or to the person who is arrested according to the wanted decision.
2. Those who have the authority to order the order to hold the stipulation at paragraph 2 Article 110 of this Code have the right to make a decision to hold on hold.
The decision to hold must be specified by the name, the address of the temporary person, the reason for the parole, now, the start date and the hours, the expiration date and the stipulation of the provisions in paragraph 2 132 of this Code. The suspended decision must be delivered to the person who is suspended.
3. The execs of the decision to hold must be notified, explaining the rights and obligations of the suspended persons prescribed at Article 59 of this Code.
4. For a 12-hour period since the decision of the decision to hold, the decision holder must submit a temporary decision to hold with the documents as a temporary base for the Institute of the same degree or the competent examination institute. If there is no base or no need, the Institute of Police decides to cancel the decision to suspend the decision, and the decision is to be released immediately for the person to be held.
1. A temporary stay of no more than 03 days since the Census Authority, the agency tasked with conducting a number of activities investigating the person being held, who was arrested or imposed on the person held, who was arrested on his headquarters or since the Census Authority was arrested. The decision to hold the offender for himself, to turn himself in.
2. The case is needed, the decision-making person can extend the parole but no more than 3 days. In particular, the decision-making decision may extend for the second time but no more than 3 days.
Any temporary extension cases must be approved by the Institute for the same level or the Institute for the examination. In the 12-hour period since the filing of a temporary extension offer, the Institute of Examination must make a decision to ratiate or decide not to ratiate.
3. During the temporary hold, if not enough of the prosecution of the prosecution, the Agency for investigation, the agency tasked with conducting a number of investigative activities must immediately return the person to the custody; the case has renewed its hold, the Institute of Police must immediately return it. For the man to be held.
4. The timeout period is subtracted from the detention deadline. A day is held by a day of detention.
1. The detention may apply to the defendant, the defendant on charges of felony charges, which is very serious.
2. The detention may apply to the defendant, the defendant of the serious charge, the less serious offence the Criminal Code rules the prison sentence on 2 years when the base identifies the person belonging to one of the cases:
a) Have been imposed on other deterred but infringed;
b) There is no clear or undetermined residence of the grounds of the defendant;
c) To escape and be arrested according to a wanted or fugitive sign;
d) Continue to commit crimes or signs of continuing crime;
There is a ransom, coertured, incitement to others to declare lies, to provide false documents; destruction, forgery of evidence, documents, items of the case, the breach of property related to the case; threats, control, revenge, and harm, Criminals and relatives of these people.
3. The detention may apply to the defendant, the defendant on the less serious offence the Penal Code rules the prison sentence for 2 years if they continue to commit crimes or flee and be arrested on the most wanted decision.
4. For the defendant, the defendant is a pregnant woman or having a child under 36 months of age, who is an elderly person, who suffers from a severe illness that has a clear residence and a clear background without parole that applies other deterred, except for cases:
a) To escape and to be arrested according to the wanted decision;
b) Continue to sin;
c) There is a redemption behavior, coercive, incitement to others to declare lies, provide false documents; destroy, tamper evidence, document, object of the case, escape of property related to the case; threats, control, revenge for witnesses, harm, harm, the criminal whistled or the loved one of these people;
) The defendant, accused of trespassing on national security and having enough grounds to determine if not to be detained for them, would be a threat to national security.
5. Those with the authority stipulated at 1 Article 113 of this Code have the right to order, the decision to hold. The detention order of those prescribed at the point a 1 Article 113 of this Code must be approved by the Institute for the same grant prior to the execution. For the 3-day period since the date of receiving the order of detention, the proposal for ratification and filing involves the detention, the Institute of Examination must make a decision to ratiate or decide not to ratiate. The inspection institute must return the case to the Census immediately after the ratification of the ratification.
6. The investigative agency must examine the identity of the person who is in custody and inform the family of the detention, the township itself, the ward, the town where the person is detained for residence or agency, the organization where the person is jailed for work, learning.
What? 120. The care of the loved ones and the preservation of the property of the suspended, detention
1. The case of a person who is suspended, detention has relatives who are disabled, old, who have a mental defect without the caretaker, the body that decides to hold on to hold, order, or decide to hold that person to another. The agency does not have relatives, the agency decides to suspend, order, or decide to suspend those people to the government, the ward, the town where they reside. The care, raising of children is the child of the person who is detained, imprisoned for execution by law enforcement, detention.
2. The case of a person who is temporarily detained, held in prison or other property without a precurator, the body makes a decision to hold on hold, the order or the detention decision must apply the preservation measures.
3. The agency decides to hold on to hold, order or decide to suspend the custody of the person who is detained, jailed for care, taking care of their loved ones and preserving their property. The announcement was published and included in the case file.
1. The guarantee is a deterred replacement. Based on the nature, the level of danger to the society of the behavior and the people of the defendant, the defendant, the Agency for Inquisition, the Institute of Examination, the Court can decide on their behalf.
2. The organization, the organization, can take the guarantee of the defendant, the defendant is the body of the agency, the organization himself. The agency, the organization that takes the guarantee must have a warrant and a confirmation of the head of the agency, the organization.
Individuals who are 18 years old or older, good-natured, strict law enforcement, stable income, and having a condition that manages to be protected, the defendant is the defendant, the defendant is their loved one, and in this case, at least. Yes, there must be 02 people. Individuals who receive the guarantee must make a confirmation of the township's government, the ward, the town where the person resides or the agency, the organization where the person works, learning.
In the guarantee, the agency, the organization, the individual who received the guarantee must not be committed to the defendant, accused of violating the obligations of regulation at paragraph 3 This. The agency, the organization, the individual who received the guarantee was informed about the circumstances of the case concerning the receiving of the field.
3. The defendant, accused of being told to make a promise to perform the obligations:
a) There is a summons, except for the case for inpossibility or due to objective obstacles;
b) Do not flee or continue to sin;
c) No ransom, coercive, inciting others to declare lies, provide false documents; not destruction, forgery of evidence, documents, items of the case, the escape of the property associated with the case; no threat, control, revenge of witnesses, defendant harm, the criminal whistled and the loved ones of these people.
The defendant, accused of violating the obligations of the law, is suspended.
4. The people with the authority stipulate at paragraph 1 Article 113 of this Code, the presiding judge of the trial has the right to make a decision. The decision of the specified persons at the point a 1 Article 113 of this Code must be approved by the Institute for the same grant prior to the execution.
5. The maintenance deadline is not too long for investigation, prosecution or trial by the provisions of this Code. The deadline for the prisoner to be sentenced to imprisonment is not too long since the sentence is until the time of the prison sentence.
6. The agency, the organization, the individual who received the guarantee for the defendant, is accused of committing the obligation to be committed, the extent of the violation, the degree of violation of the law.
What? 122. Putting money to make sure
1. Place the money to ensure that the deterrent will be replaced. The physical base, the level of danger to the society of the behavior, the body and the state of the property of the defendant, the defendant, the Investigative Agency, The Inspection Institute, the Court may decide for them or their loved ones to put money to secure.
2. The defendant, the accused of being placed on the right to make a warrant out of the obligations:
a) There is a summons, except for the case for inpossibility or due to objective obstacles;
b) Do not flee or continue to sin;
c) No ransom, coercive, inciting others to declare lies, provide false documents; not destruction, forgery of evidence, documents, items of the case, the escape of the property associated with the case; no threat, control, revenge of witnesses, defendant harm, the criminal whistled and the loved ones of these people.
The case of the defendant, accused of violating the obligations of regulation at this paragraph, was detained and the money was seized, paying the state budget.
3. Those who have the authority to rule at 1 Article 113 of this Code, Judge presiding over the trial have the right to make a decision on putting money to secure. The decision of the specified persons at the point a 1 Article 113 of this Code must be approved by the Institute for the same grant prior to the execution.
4. The payment deadline is not too long overdue for investigation, prosecution or trial by regulation at this Code. The deadline for the person to be sentenced to prison sentences is not too long since the sentence is until the time of the person's imprisonment. The defendant, charged with full responsibility for the obligations, the Court was charged with the responsibility of returning them.
5. The relatives of the defendant, who is accused by the Investigation Agency, the Institute of Examination, the Court of Acceptance for the order to make sure to make a false paper not to be intervened, accused of violating the prescribed obligations at paragraph 2 This, if violated, the amount has been placed. Confiscated, filed a state budget. When making a warrant, this person was informed about the circumstances of the case involving the defendant, the defendant.
6. The Minister of Public Security, in coordination with the Supreme People 's Institute of Human Examination, Chief Justice of the Supreme People' s Court and the Minister of National Defense rules the details of the order, procedures, deposit levels, reimbursable, foreclosure, foreclosure, filing. The amount of money has been made to secure.
What? 123. Forbidden from residence.
1. Ban from residence is a deterred measure that can be applied to the defendant, the defendant has a residence, a clear background in order to ensure their presence under the summons of the Census Agency, the Court of Examination, the Court.
2. The defendant, accused of being banned from the residence must make a pledge to perform the obligations:
a) Not to go out of residence if it is not ordered by the authority to go out of the residence permit;
b) There is a summons, except for the cause of inpossibility or due to objective obstacles;
c) Do not flee or continue to sin;
d) No ransom, coercated, inciting others to declare lies, provide false documentation; not destruction, forgery of evidence, document, object of the case, escape of property related to the case; no threat, control, revenge of the witness, defendant, harm, the criminal whistled and the loved ones of these people.
The defendant, accused of violating the obligations of the law, is suspended.
3. The authorized authorities at 1 Article 113 of this Code, the presiding judge of the trial, the Office of the Border Station has the power to order the ban away from the residence.
4. The statute of limitations of travel from residence is not too long under investigation, prosecution or trial under the provisions of this Code. The term of prohibition against the person sentenced to prison sentences is not too long since the sentencing until the time of the person's imprisonment.
5. The person who ordered the ban away from the residence must inform about the application of this measure to the commune itself, the ward, the town where the defendant, the accused of residence, the army unit is managing to be involved, accused and handed over, accused of township government, ward, town. Or that army unit to manage, track them.
The case of the defendant, defendant for inpossibility or due to the objective of the objective to temporarily leave the residence, must be agreed by the authorities, the wards, the town where the person resides or the military unit manages them and must have a permit for them. The man who ordered the order is forbidden to leave the residence.
6. If the defendant, accused of committing an obligation to the authorities, the township itself, the ward, the town where the defendant, the accused of residence, the military unit of the police, is accused of being sent to the authorities, ordering the order to be sent away from the residence.
1. It is possible to suspend the appearance of the following persons when there is a base that determines their appearance with a sign of escapation:
a) The person who is denounced, who is accused of the prosecution, who passes through the test, verify that he has enough base to determine that the person is suspected of committing a crime and finds it necessary to prevent him from hiding or destroying evidence.
b) The defendant.
2. Those who have the authority stipulate at paragraph 1 Article 113 of this Code, the presiding judge of the trial has the power to decide to suspend the appearance. The decision to suspend the appearance of those prescribed at the point a 1 Article 113 of this Code must be notified immediately to the Institute for the same level prior to the execution.
3. The deadline for the delay of the arrival is not too long to address the source of the source of the crime, the prosecution, the investigation, the prosecution, the prescribed trial of this Code. The term of adjourn to the person sentenced to a prison sentence is not too long since the sentencing until the time of the person's imprisonment.
What? 125. Cancel or replace deterred
1. All applicable containment measures must be abored when belonging to one of the cases:
a) Decision not to prosecute the criminal case;
b) The suspension of the investigation, suspension of the case;
c) The suspension of the investigation to the defendant, suspended the case to the defendant;
d) The accused is not guilty of criminal charges, in charge of criminal or criminal immunity, punishment of imprisonment but sentenced to probation or punishment of warning, fines, non-incarceration.
2. The investigation agency, the Institute of Examination, the Court of Cancellation of the deterred measure when found no longer required or may be replaced by other deterred.
For deterred by the approval of the Institute during the investigation period, the cancellation or replacement with other containment measures must be decided by the Institute; in the 10-day period before the expiration of the application period expires, Except for the contraception, the agency recommended that this method be applied to the Institute for inspection to decide whether to cancel or replace the other deterred.
Section II
FORCED MEASURE
To ensure the operation of prosecution, investigation, prosecution, trial, execution, within its jurisdiction, the authorities, who have the authority to conduct proceedings may apply the applicable measure, the award, the receipt of the property, the account blockade.
What? 127. The solution, the solution.
1. The pressure may apply to the person being held in the case of an emergency, who is charged.
2. The lead can apply to:
a) The person who testis in the case of them is not present in a summons without due to any resistance or not due to objective obstacles;
b) The person who is harmed in the case of their refusal to be determined by the decision of the authority of the agency has the authority to conduct proceedings without due to the inpossibility of resistance or not due to objective obstacles;
c) The suspected person, who is accused of the prosecution, who, by examination, has sufficient grounds to determine the person in connection with the criminal offence of the prosecution, has been summoned, who is still absent for reasons of being inviable or not due to an objective.
3. Investigates, the chief of the body tasked with conducting a number of investigative activities, Detective Chief, Judge presiding over the trial, the jury has the right to determine the resolution, the resolution.
4. Decision on the resolution, the decision to lead the award must be specified in the name, date, month, year of birth, the residence of the oppressed, the solution; the time, the location of the oppressed, the solution must be present and the contents stipulate at paragraph 2 Article 132 of this Code.
5. The execs decided to apply the solution, the solution must read, explain the decision and make a statement about the oppressation, which results in regulation at Article 133 of this Code.
The People's Security Agency, the People's Army, has the authority to hold a decision to organize the decision to resolve the resolution.
6. Not to start the oppresso, lead the person at night; not to be imposed, lead the elderly, who suffers from the medical body ' s confirmed severe illness.
1. The property receipt only applies to the defendant, the defendant on the charges the Criminal Code rules the penalty penalty or may be confiscated or to ensure damages of damages.
2. Those with the authority stipulated at paragraph 1 Article 113 of this Code, the presiding judge of the trial has the power to order the property of the property. The enumerate order of those prescribed at the point a 1 Article 113 of this Code must be notified immediately to the Institute for the same level prior to the execution.
3. The asset margin index corresponds to the extent that it can be fined, seized or compensated for damages. The compiled property is assigned to the property owner or the legal manager or their loved ones preserve. The person who has been given a handle on which the consumer behavior, the transfer, the changeup, the hidden, the destruction of the stolen property, is responsible for the criminal code of the criminal code.
4. When the receipt of the property must be in the presence of the people:
a) The defendant, defendant or who is 18 years old or older in the family or the agent of the defendant, is accused;
b) The township representative, the ward, the town where the property is on the border;
c) The witness.
The editor of the editor must compile the document, specify the name and status of the prescribed property. The border was established in accordance with Article 178 of the Code, which read to those with the same name and the same name. The opinion, the complaint of the specified persons at the point of a clause in relation to the receipt of the compiled document, has the signatures of their confirmation and of the editor's editor.
The border is made up of four copies in which one is delivered directly to the person prescribed at this point of paragraph after the receipt, a delivery directly to the township itself, the ward, the town where the property is listed, a dispatch to the Institute of Control. The same level and the one on the case file.
1. The account blockade applies only to the person charged with the offence the Penal Code rules the penalty penalty, seized property or to secure damages when the base identified the person with an account at the credit organization or Home Treasury. Water. An account blockade is also applicable to other people's accounts if the base is given that the amount in that account is related to the offence of the accused.
2. Those with the authority to rule at paragraph 1 Article 113 of this Code, the presiding judge of the trial has the power to order the account blockade. The order to blockade the account of those prescribed at the point a 1 Article 113 of this Code must be notified immediately to the Institute for the same level prior to execution.
3. Only blockade the amount of money in the account corresponding to the extent that may be fined, seized property or damages damages. The person who is committed to the blockade, managing the sealed account that discharges the blockade of the account, is subject to the criminal code of the criminal code.
4. When conducting an account blockade, the law enforcement agency has the authority to hand over the decision to blockade the account for the credit organization or the State Treasury that is managing the account of the accused person or the account of the other person involved. The criminal acts of the accused. The delivery, the order to blockade the account must be established as prescribed by Article 178 of this Code.
Soon after receiving an account blockade order, the credit organization or State Treasury is managing the account of the arrested, paused, defendant, defendant or account of the other person involved in the offence of the arrested person, which is suspended, the report said. Defendant, the defendant must make an account of the blockade of the account and make a statement about the blockade of the account.
The receipt of the blockade of the account was established in five copies, in which one was handed over to the accused, a delivery to the other person involved with the accused, a dispatch to the Institute of the Same Level, a put on the case file, one of them. The record at the credit organization or the State Treasury.
What? 130. Revoking the asset's payroll, the account blockade.
1. Asset margin measure, the applicable account blockade must be discarded when belonging to one of the cases:
a) The suspension of the investigation, suspended the case;
b) The suspension of the investigation to the defendant, suspended the case to the defendant;
c) The defendant is not guilty by the Court;
d) The defendant was not fined, confiscated property, and damages.
2. The investigation agency, the Institute of Examination, the Court of the Cancellation Of The Property ' s payroll, which sealed the account when it was not needed.
For asset margin measures, an account blockade in the investigation phase, the prosecution, the cancellation or replacement must notify the Institute of Examination prior to the decision.
CASE FILE, LITIGATION TEXT, DEADLINE AND LITIGATION COSTS.
1. When conducting proceedings during the prosecution phase, the investigation, the Agency for the investigation must set up a case file.
2. Case records include:
a) Order, decision, request by the Agency for the investigation, the Institute of Examination;
b) Proceedings issued by the Agency for the investigation, the Institute for Control;
c) The evidence, documents related to the case.
3. The evidence, documents released by the Institute, the Court collected during the prosecution phase, the trial must include the case file.
4. The case file must have the following document statistics. Document statistics specify the name of the document, the number of records and characteristics of the document (if any). The case with the addition of the document to the case file must have additional document statistics. Case files must be managed, stored, used by law.
1. The proceedings include the order, the decision, the request, the conclusion of the investigation, the indictment, the verdict, and the other proceedings in the proceedings are set up in uniform form.
2. The proceedings are clear:
a) Number, day, month, year, location of the proceedings of the proceedings;
b) The base issued the proceedings;
c) The content of the proceedings;
d) They were named, the office, the signature of the executive and stamped out.
1. When conducting a proceedings must be compiled by a unified pattern.
The border records the location, time, date, year of conduct proceedings, the time of the beginning and the end time, the contents of the proceedings, who have the authority to conduct the proceedings, the litigwoman, or the person involved in the prosecution. Praise, complaint, request or offer.
2. The text must have the signatures of the people the Code rules. Fixes, additional, less, bleached in the text must be confirmed by their signature.
In case the person involved in the proceedings did not sign the document, the editor of the editor was clear of the reason and invited the witness to sign the document.
The case of a non-literate participant is the founder of the text that reads them to the witness. The text must have the point of the witness 's entry and the witness' s signature.
The case of a participant in a mental or physical defect or for other reasons cannot be signed, the editor of the editor reads the editor to them with the presence of the witness and other litigants. The receipt must have the witness's signature.
1. The deadline for which this Code rules is calculated per hour, day, month, year. The night was calculated from 22 hours to 06 the next day.
At the time of the deadline, the deadline expires at the end of the 24-hour period of the deadline.
When the deadline is due to date, the date is expired on the date of the next month; if that month does not have a date, then the deadline expires on the last day of the month; if the deadline expires on the day of the holidays, the next first day of work is calculated as the last day. of the deadline.
When the deadline is held, the term expires on the end date of the deadline being written in the order, the decision. If the deadline is calculated in a month, 1 month is counted as 30 days.
2. The case with a single or paperwork sent through the postal service then the deadline is calculated according to the postal print. If there is a single or paperwork sent through a detention facility, the deadline is charged from the Day of the Exposition, the Bullet of the Border Toilet, The Custody Of The Detention Facility, the Supervisor Camp Monitor, or the paper.
1. The cost in the criminal proceedings consists of a charge, fee, and litigation expenses.
2. The case charges include a preliminary sentence of charges, criminal appeals, negligence charges, civil appeals in the criminal case.
3. The fee of a fee-to-copy of the sentence, the decision, the other documents of the agency with the authority to conduct proceedings and other charges under which the law rules.
4. Proceedings include:
a) The cost of the witness, the translator, the translator, the healer in the case of the designation of the defense;
b) The cost of the jurisdiction, valuation of property;
c) Other expenses under the rule of law.
What? 136. Responsibility for payment expense, fee
1. Cost of regulation at paragraph 4 Article 135 of this Code is due to the agencies, who have been requiitated, requested, to pay; in the case of the Center for Legal Legal assistance, the state is paid.
2. The sentence of charge by the condemned person or the State is subject to the rule of law. The convicted person must pay the charge by the Court ' s decision. The extent of the charge and the applicable base are noted in the verdict, the Court ' s decision.
3. Cases of the prosecution at the request of the harm, if the Court declares the defendant not guilty or the case is suspended when the base stipulated at 2 Article 155 of the Code, the charges are harmed.
4. For the litigation activities required by the participants, the cost of the charge, the cost of the law.
What? 137. Employment, delivery, transfer, dispatch, sealing, or text message notification
1. Level, delivery, transfer, send, sealing or notification of the proceedings are made through the methods:
a) Level, delivery, direct transfer;
b) Submit through postal service;
c) Public statement;
d) Through mass media.
2. Level, delivery, transfer, dispatch, listing or notification of the proceedings must be done under the provisions of this Code.
What? 138. Protocol, delivery, direct transfer of the proceedings.
1. The person who performs the level, delivery, transfer of the proceedings must directly transfer the recipient to the recipient. The recipient must sign the receipt or register. The time to calculate the deadline is the date they sign on the receipt or register.
2. The case of a person receiving a given letter of absence, the text of the proceedings may be assigned to their loved ones with sufficient capacity to act as a member of the civilian population, and to ask this person to commit to the recipient. The date of the recipient's signature is the date granted, handing over the proceedings.
The case cannot be delivered to the recipient of the prescribed document at this paragraph, which can transfer that text to the commune itself, the ward, the town where the person resides or the agency, the organization where the person works, learning to hand over the person. All right. The agency, the organization must announce the outcome of the granting, deliver, send a letter of proceedings to the authorities with the permission to conduct the request. The agency ' s date of signing, the organization is the date granted, handed over the proceedings.
3. The case of a person receiving a written or unknown or unknown address is the person who does the granting of the degree, handing over the text of the unrealable, delivery, confirmation of the agency representative, the organization where the person resides, works, learning. episode.
The case of the recipient of the recipient ' s document refused to accept the document, the person who carried out the granting of the degree, delivered a text of the rejection and confirmation of the township government, the ward, the town where the person resides or the agency, the organization where the person works. Work, study.
4. The case of the licensee is the organ, the organization, the text of the proceedings is delivered directly to the representative of the agency, the organization, and must be signed by this person. The time to calculate the deadline is the date they sign on the receipt or register.
What? 139. The procedure to send in text through postal service
The sending of the proceedings through the postal service must be by a secure and confirmation letter of the recipient of the proceedings. The confirmed text must be transferred to the agency with the authority to conduct proceedings. The time to calculate the deadline is the date they confirmed to have received the text of the proceedings.
What? 140. Public listing procedure
1. The public listing of the proceedings is made when the address is unknown or unknown to the person granted, where the delivery is.
2. The public listing of the proceedings is made at the headquarters of the People's Committee, the ward, the town where the last person is granted, the official residence of the residence or the organ, the last place the person works, the study.
The proceedings must be publicly listed at least 15 days from the date of the listing. The public listing is set to clear the date, month, year of listing.
The time to calculate the deadline is the end of the listing.
What? 141. The procedure of notification of the proceedings on mass media.
1. The announcement of the proceedings on the mass media is made when public listing does not have a result or other cases by law.
2. Messages on the popular media are posted in the central daily newspaper in 3 consecutive numbers and broadcast on the Central Radio or Television of the central three times for three consecutive days.
The time to calculate the deadline is the end of the announcement.
What? 142. Charge, deliver, transfer, send, sealing, document notification
1. The Agency, who has the authority to conduct proceedings must be issued, delivered, transferred, sent, sealed, informed the text of the proceedings to the participant, the agency, the organization, the individual relevant under the provisions of this Code.
2. The person who is charged with the charge, the delivery, the transfer, the deposit, the sealing, the statement of the proceedings, but not implemented, the incomplete implementation of the provisions of the Code is subject to the degree of violation of the discipline, the extent of the breach. The rules of the law.
Second Part
PROSECUTION, INVESTIGATION OF THE CRIMINAL CASE
CRIMINAL CASE PROSECUTION
What? 143. The criminal prosecution case.
It's only a matter of prosecution when you've identified a criminal record. Identification of criminal markings based on the bases:
1. Personal prosecution;
2. News of the agency, organization, individual;
3. News on popular media;
4. The prosecution of the state agency;
5. The Agency with the authority to conduct proceedings directly detected signs of crime;
6. The offender commits suicide.
What? 144. Denouncing, the criminal report, the prosecution.
1. The prosecution of the crime is that the individual finds and denouncing the conduct of criminal acts with a competent authority.
2. The report on the crime is information about the alleged criminal evidence of the agency, the organization, the individual informed the agency with the authority or information about the crime on the media.
3. The prosecution petition is that the state agency has the authority to petition the petition in writing and to submit it with the evidence, the relevant document for the Agency for the investigation, the examination of the authority to review, to handle the case with signs of crime.
4. The prosecution, the report on the crime may be either verbal or written.
5. The person who tries to denounce, reports on the wrong crime is the matter, the level of violation that is subject to disciplinary action, sanctipated the administrative breach, or the prosecution of criminal responsibility under the rules of the law.
What? 145. Responsibility for the reception and authority to resolve the prosecution, the report on the crime, the prosecution petition
1. All the elements, the news about the crime, the prosecution petition must be fully receptiable, timely resolve. The agency, the organization with the responsibility of receiving no rejection of the prosecution, reports on the crime, the prosecution petition.
2. The agency, the organization responsible for the prosecution of the prosecution, believes in the crime, the prosecution petition includes:
a) The investigative body, the Institute for Examination Of The Prosecution, the report on crime, the prosecution petition;
b) The other organization, the other organization, receives the accusation, reports of crime.
3. Authority to resolve the proceedings, the report on crime, the petition for the prosecution:
a) The investigation of the prosecution of the prosecution, the news of the crime, the petition to the prosecution in accordance with his jurisdiction;
b) The agency is tasked with conducting a number of investigative reporting activities, reporting on the crime according to its investigation authority;
c) The investigative resolution examination, the news of the crime, the prosecution of the prosecution in the case of the investigation of the investigation, the agency tasked with conducting a number of investigations activities has a serious violation of the law in testing, verification, and security. The prosecution, the report of the crime, the prosecution, or the sign of the crime that the Institute of Police had requested in writing, was not remedied.
4. The Agency with the authority to resolve the whistled, the report on the crime, the prosecution of the prosecution is responsible for announcing the results of the settlement to the individual, the agency, the organization that has been whistled, the report on the crime, the prosecution petition.
What? 146. The procedure for denouncing, the report on crime, the prosecution petition
1. When the agency, the organization, the individual directly denouncing, the criminal report, the prosecution petition, the Investigated Agency, the inspection body, the body tasked with conducting a number of authoritated investigative activities in paragraph 2 145 of the Department. This law must then set up the receipt and write it into the reception book; it is possible to record or record the receiving sound.
The case of denouncing, the criminal report, the prosecution of the prosecution sent through postal service, telephone, or other means of information, is set in the reception.
2. The case of denouncing the prosecution, the report on the crime, the prosecution petition not under his jurisdiction, the Agency for the investigation, the agency tasked with conducting some investigation activities responsible for the prosecution, reports of crimes. committing, the petition to the prosecution accompanying the relevant document has taken over to the Agency for the Jurisdiction Inquiry.
The Audit Institute is responsible for the immediate transfer of the prosecution, the report on the crime, the petition to the prosecution accompanying the relevant document that has taken over to the Agency for the Jurisdiction Inquiry.
The case stipulated at the Code 3 Article 145 of this Code is that in the 5-day period since the date of the required examination, the authorities have the right to be able to resolve, resolve the prosecution, the report of the crime, the petition that the prosecution must transfer files. interested in the Institute for inspection to review, solve.
3. Public Security, Town, Station Security is responsible for receiving a whistled, criminal report on the crime, the receipt of the reception, the conduct of the test, the preliminary verification, and the prosecution of the prosecution, news of the crime accompanied by documents, objects related to the Agency. The coroner's office.
The public is responsible for receiving the case, the report on the crime, the receipt of the reception, the initial testimony, and the transfer of the prosecution, the report on the crime accompanied by the document, the object relevant to the Agency for the Jurisdiction.
4. Other agencies, other organizations after receiving the case, believe the crime is transferred immediately to the authorities. An emergency can be reported directly over the phone or other form to the Agency for the Census but then must be expressed in writing.
5. In a 3-day period from the date of denouncing the prosecution, the news of the crime, the prosecution petition, the Agency for the investigation, the agency tasked with conducting a number of investigative activities charged with written notice of that reception to the Institute of Control. The same level or the audit ID is authorized.
What? 147. The deadline, denouncing the prosecution, believes in crime, the prosecution petition.
1. In the 20-day period since the day of receiving the denoscope, the report on the crime, the prosecution petition, the Investigative Agency, the agency tasked with conducting a number of investigative activities must examine, verify, and exit one of the decisions:
a) the decision to prosecute the criminal case;
b) The decision not to prosecute the criminal case;
c) The decision to suspend denouncing the prosecution, the report of the crime, the prosecution petition.
2. The case of a suspected criminal, criminal report or prosecution of the prosecution has many complex or auditable circumstances, verification at multiple locations, the case of denouncing the prosecution, the report, and the prosecution of the prosecution may last but no more than 2 months. The case cannot end the examination, verify in the specified deadline at this paragraph, the Institute for the Institute of the same degree or the Competent Examination of the authority may be renewed once but not more than 2 months.
At least 05 days before the expiration of the test deadline, the verification procedure at this paragraph, the Agency for the Census, the assigned agency to conduct a number of investigative activities must have a document recommended by the Institute for the same degree or the Authorship Inspection. Limit the test deadline, verify.
3. When the whistled resolution, the news of the crime, the prosecution petition, the competent authorities have the right to conduct activities:
a) Collation of information, documents, objects from the agency, organization, individual relevant to check, verify the source of the information;
b)
c) An autopsy;
d) The request for the asset valuation.
4. The procedure, procedure, the deadline for the examination of the prosecution of the prosecution, the report on the crime, the prosecution petition is carried out as specified in this Article.
What? 148. Suspend the whistled resolution, the criminal report, the prosecution petition.
1. The expiration of the statute of limitations at Article 147 of this Code, the authority to resolve the decision to suspend the decision to suspend the prosecution, report on the crime, the petition to the prosecution when belonging to one of the cases:
a) The proposed referendum, which required the valuation of the property, required foreign assistance to the judiciary but had not yet had the results;
b) Asked for the agency, the organization, the individual to provide the document, the important object that had a decisive significance to the prosecution or not to prosecute the case but had not yet had the results.
2. In the 24-hour period since the decision to suspend the prosecution ' s decision to address the prosecution, news of the crime, the prosecution petition, the Agency for the investigation, the agency tasked with conducting a number of investigative activities must submit a temporary decision-only decision. Whether it is relevant to the Institute for Examination Of The Same Level or the Competent Examination to check and submit the decision to suspend it for the agency, the organization, the individual has whistled, the report of the crime, the prosecution petition.
In case of a suspension of the suspension, the Chamber of Corrects decided to cancel the suspension decision only to continue the settlement. In the 24-hour period since the decision to cancel the decision to suspend the temporary decision, the Institute of Examination Must Submit That Decision To The Investigative Agency, the agency tasked with conducting some investigation activities, agency, organization, individual whistled, the report on charges. Guilty, petition for prosecution. The deadline for denouncing the crime, the criminal report on the crime, the petition to the prosecution for no more than 1 month from the date of the Census, the agency assigned to conduct a number of investigative activities received the decision to cancel the decision to suspend the suspension.
3. The case of a temporary suspension of the prosecution, the criminal report, the prosecution, the valuation, the valuation of the property or the judicial assistance continued until the results.
What? 149. Recovery of the whistled resolution, the crime news, the prosecution petition.
1. When the reason for the temporary suspension of the whistled resolution, the news of the crime, the prosecution petition is no longer, the Agency for the investigation, the agency tasked with conducting some of the operation investigating the decision to reinstate the prosecution, news of the crime, ants. The prosecution. The deadline for denouncing the prosecution, the criminal report, the petition for the prosecution is not more than 1 months from the date of the restoration decision.
2. In the 03-day period since the decision of the decision to restore the decision to resolve the decision, the report of the crime, the initiating petition, the Agency for the Census, the agency tasked with conducting some investigation activities must send a recovery decision to the Institute of Control. The same level or authority, the agency, the organization, the individual whistled, the criminal report, the prosecution.
What? 150. Resolution of the dispute over denouncing the prosecution, the report on crime, the prosecution petition
1. The dispute over the authority to resolve the whistled, criminal report on the crime, the prosecution petition issued by the Institute for Superior Examination. In dispute with the authority to resolve the prosecution, the report on the crime, the agency's recommendations to the prosecution are tasked with conducting a number of investigations under the jurisdiction of the institution.
2. The dispute over the jurisdiction of the resolution, the report on the crime, the petition for the prosecution between the Provincial Census Agency, between the military-level military investigation agencies, the Central Committee of the Military Police, and the Central Military Service. The dispute over the authority to resolve the prosecution, news of the crime, the petition for the prosecution between the District Court of the District of the District, the central city of the central city, between the Regional Military Investigations Agencies of the various military districts. The Provincial People's National Security Council, the First Military Military Police Institute, receives the first public whistled, the criminal report of the crime, the resolution of the resolution.
3. The dispute over the authority to resolve the prosecution, the report on the crime, the petition for the prosecution between the Census Agency of the People 's Security, the Agency for the Census in the People' s Army and the Supreme People ' s Institute for Human Control. The Supreme People deal with it.
What? 151. Solving the case with a criminal record caused by the authority to conduct the proceedings directly detected.
The authorities with the authority to conduct the proceedings directly detect signs of crime, decide whether to prosecute the case under jurisdiction or transfer to the Agency for the Jurisdiction To Resolve.
What? 152. A man committed to commit suicide.
1. When the offender comes to the confession, the head of the animal, the organization, the organization receives a written record of the name, age, profession, the place and the testimony of the self-interest, the head of the beast. The agency, the organization that took over the offender, confessed to the investigation immediately to the Agency for the investigation or the inspection.
2. The case of the identification of the offender, the head of the animal, is not under his jurisdiction, and the Agency for the Inquiry Receives The Person's confession, the head must inform the Agency for the authority to take over, resolve.
3. For the 24-hour period since the recipient of the confessed offender, the head of the zoo, the Agency for Inquiry Has Permission to inform the Institute of the same level.
What? 153. The authority to prosecute the criminal case.
1. The investigation agency decides to prosecute a criminal case against all cases with signs of crime, unless the authorities are tasked with conducting a number of investigative activities, the Auditra, the trial, and the trial. regulation at the 2, 3 and 4 terms.
2. The Agency tasked with conducting a number of operations investigating the decision to prosecute the criminal case in the case of regulation at Article 164 of this Code.
3. The probation institute decided to prosecute the criminal case in case:
a) The Institute for Abort Inspection decided not to prosecute the criminal case of the Investigative Agency, the agency tasked with conducting a number of investigative activities;
b) Direct examination of the whistled resolution, the news of the crime, the petition to the prosecution;
c) The direct examination house detected signs of crime or at the request of the prosecution of the trial council.
4. The trial council decides to prosecute or ask the Institute to prosecute the criminal case if through trial at the trial that finds out there is a criminal offence.
What? 154. The decision to prosecute the criminal case
1. The decision to prosecute the criminal case must clear the prosecution base, which, the clause of the Criminal Code is applied and the rules stipulate at paragraph 2 Article 132 of this Code.
2. For the 24-hour period since the decision to prosecute the criminal case, the Institute of Examination must submit that decision to the Competent Investigative Investigative Body to conduct the investigation.
In the 24-hour period since the decision to prosecute the criminal case, the Agency for the Census, the agency tasked with conducting a number of investigative activities must submit that decision accompanying the document related to the competent Examination Institute to inspect the investigation. The prosecution.
In the 24-hour period since the decision to prosecute the criminal case, the Court must submit that decision accompanied by the relevant document to the Institute of the same level.
What? 155. Criminal case prosecution at the request of harm
1. Only to initiate criminal criminal case in paragraph 1 of articles 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code when required by the defendant or the agent of the harm to be under 18 age, who is weak. Mental or physical or dead.
2. The case of the person who asked the prosecution to withdraw the request, the case must be suspended, unless the base identified the person who asked for a withdrawal request against their will due to being coercated, forced, while the person asked the prosecution to withdraw the request, authorities said. Investigating, the Institute of Police, the Court continued to conduct proceedings against the case.
3. The harm or agent of the damaged has withdrawn requests for the prosecution, without the right to request again, except for the case of withdrawal required due to forced, forced labor.
What? 156. Change or supplement the decision to prosecute the criminal case
1. The investigation agency, the agency tasked with conducting a number of investigative activities, the Institute of Examination decided to change the decision to prosecute the criminal case when the alleged crime was not correct for the offence. Add a criminal case to a criminal case when there is a specified base, and another crime has not yet been started.
2. In the 24-hour period since the decision to change or supplement the decision to prosecute the criminal case, the Agency for the investigation, the agency tasked with conducting a number of investigative activities must submit the decision accompanying the documents related to the replacement. In exchange or additional decision-prosecenting the criminal case for the Institute of the same level, or the Competent Examination for examination of the prosecution.
For the 24-hour period since the decision to change or add the decision to prosecute the criminal case, the Institute of Police must submit to the Agency for the investigation to conduct the investigation.
What? 157. The base did not prosecute the criminal case.
No criminal prosecution was initiated when one of the following bases:
1. No offense;
2. Behavior that does not constitute crime;
3. The person who performs dangerous acts for society that is not yet age in charge of the criminal;
4. The person whose criminal acts have had a sentence or decided to suspend the case is legally valid;
5.
6. Crime has been released;
7. The person who performs dangerous behaviour for the dead society, unless the case needs retrial for others;
8. Crime stipulated at 1 of the articles 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code that was harmed or the agent of the defendant did not require the prosecution.
What? 158. The decision not to prosecute the criminal case, the decision to cancel the decision to prosecute the criminal case
1. When one of the bases specified in Article 157 of this Code is the person who has the right to prosecute the case to decide not to prosecute the criminal case; if the prosecution must be decided to cancel the decision to prosecute the criminal case and inform the agency, Organizations, individuals have whistled, reports of crime, the prosecution of the prosecution knows the reason; if you need to deal with other measures, you can transfer files to the authorities.
The decision not to prosecute the criminal case, the decision to cancel the decision to prosecute the criminal case and the relevant documents must be sent to the Institute of the same degree or the Institute of Competent Examination for the 24-hour period since the decision.
2. The agency, the organization, the individual who has tried or reported on the crime has the right to plead the decision not to prosecute the criminal case. The authority and procedure to resolve the complaint is made as prescribed at Chapter XXXIII of this Code.
What? 159. The mission, the authority of the Institute of Examination for the practice of power in addressing the source of crime
1. The ratification, which does not approve of the arrest of persons held in case of an emergency, renew the hold; approval, does not rative other measures restricting human rights, citizenship in addressing the source of criminal charges under the Code of Law. Hey.
2. When necessary, suggest a request for examination, verify, and ask the authority to have the authority to address the source of the crime committed.
3. The decision to renew the deadline for denouncing the prosecution, the report on the crime, the prosecution petition; the decision to prosecute the criminal case.
4. Ask the Agency to investigate, the agency tasked with conducting a number of operations investigating the criminal case.
5. Direct resolution of the prosecution, reporting on the crime, the petition to the prosecution in the cases prescribed by the Code.
6. Abort the decision to hold on, the decision to prosecute the criminal case, the decision not to prosecute the criminal case, the temporary decision to address the source of the source of the crime and other proceedings of the investigation of the investigation agency, the agency assigned. The mission conducted a number of operational operations.
7. Do the task, the other powers in practicing the right of prosecution under the provisions of this Code to fight crime, against wronged innocent people.
What? 160. The mission, the authority of the Institute of Examination in the reception and examination of the settlement of the source of the crime
1. The full reception, the criminal report, the agency, the agency, the individual, the person who moved in, took over the offender, confessed and transferred immediately to the investigative agency.
2. Check the reception, directly check, verify the inspection, verify, and the filing of the investigation of the source of the investigation into the investigation of the investigation, the agency tasked with conducting a number of investigative activities; examination of the temporary suspension of the settlement. The source of the crime, the recovery of the rehabilitation of the crime.
3. When it comes to receiving the receiving, addressing the source of inexhaustiable crime, the violation of the law requires the Agency to investigate, the agency tasked with conducting a number of operations that investigate the activities:
a) Take on, verify, verify, decide to address the source of the full crime, the right of law;
b) Check out the reception, resolve the source of the crime and inform the results for the Institute of Examination;
c) Provide documentation of the violation of the law in receiving, addressing the source of the crime;
d) To the breach of the law and to execute the breach of the breach;
Requesting to change the investigator, Detective Officer.
4. Address the dispute over the authority to address the source of the crime.
5. Ask the Agency to investigate, the agency tasked with conducting a number of investigative activities that provide relevant documentation to control the settlement of the source of the crime.
6. Do the task, the other authority in the examination of the reception, addressing the source of the crime by the provisions of this Code.
What? 161. The mission, the authority of the Institute of Examination for the practice of the prosecution and examination of the prosecution of the criminal case
1. When practicing the right of prosecution in the prosecution of the criminal case, the Institute of Examination has the duties, powers:
a) Ask the Agency for the investigation, the assigned body to conduct a number of operational or change investigation operations, the addition of the decision to prosecute the criminal case;
b) Destroy the decision of the prosecution, the decision to change or supplement the decision to prosecute the criminal case, the decision not to prosecute the criminal case without the base and the law;
c) The case of the decision to prosecute the criminal case of the Board of the Trial is not based, the Institute of Appeal inspects the Court on a grant;
d) The prosecution, the change, the addition of the decision to prosecute the criminal case in cases provided by this Code;
Execute the task, other powers to practice the right of justice in the prosecution of the criminal case under the provisions of this Code.
2. When a criminal prosecution is checked, the Institute for Examination has tasks, powers:
a) To examine the compliance of the law in the prosecution of the investigation, the agency tasked with conducting a number of investigative activities, ensuring that every crime discovered must be initiated, the prosecution of the case with the base and the right;
b) Request for the Agency to investigate, the agency tasked with conducting a number of investigative activities that provide relevant documentation to test the prosecution of the criminal case;
c) In accordance with the task, other powers in the examination of the prosecution of the criminal case according to the provisions of this Code.
What? 162. The responsibility of the Census Agency, the agency tasked with conducting some investigation activities in the implementation of the request, the Institute 's decision to prosecute in the prosecution' s prosecution.
1. The investigation agency, the agency tasked with conducting a number of investigative activities must carry out the requirement, the decision of the Institute of Examination in the prosecution.
2. For the regulatory decision at paragraph 1 and paragraph 6 Article 159, point b 1 Article 161 of this Code, if not unanimous, the Agency for Investigation, the agency tasked with conducting some investigation activities still must carry out but has the right to petition with it. Top-level inspection. In the 20-day period since the date of receiving the petition of the Census or during the 05-day period since the date of receiving the petition of the agency tasked with conducting some investigation activities, the Direct Control Institute must review, the solution. decide and announce the results of the resolution to the petition.
GENERAL REGULATIONS ON CRIMINAL CASE INVESTIGATION
What? 163. Authority to investigate.
1. The census agency of the People 's Public Service investigs all the offences, except for the criminal justice of the investigation by the Census Agency in the People' s Army and the Supreme People ' s Office of the Census.
2. The investigation agency in the People ' s Army investigs the crimes under the trial jurisdiction of the Military Court.
3. The Supreme People ' s Institute of Criminal Examination, The Central Military Inspection Agency Investigating the crime of criminal activity, criminal charges of corruption, the prescribed office at Chapter XXIII and Chapter XXIV of the Criminal Code occur in the United States. The criminal activity in which the offender is a cadre, the civil service, the Court, the Court, the law enforcement, the law enforcement agency, the authority to conduct the judiciary.
4. The investigative agency has the authority to investigate criminal cases where crime occurs on its territory. The case of crime is carried out in many different places or does not identify the location of the crime, the investigation is under the jurisdiction of the Agency to investigate the crime, where the person is either resident or captured.
5. The allocation of the investigation authority is as follows:
a) A district investigation body, the regional military investigation body investigating criminal cases of crimes committed by the jurisdiction of the District People's Court, the Regional Military Tribunal;
b) The Provincial Inquisition investigation into the criminal case of the jurisdiction of the Provincial People 's Court or the cases of the district coroner' s investigation that occurred on the site of multiple districts, districts, towns, cities, and cities. in the province, the city is a city of central city, organized crime or has a foreign element if it is required to investigate;
The military investigation authorities investigate criminal cases of criminal jurisdiction by the Military District Court of Military District Court or of cases under the jurisdiction of the Regional Census Agency if it is required to investigate;
c) The Department of the Department of Public Security, the Department of Defense of the Department of Defense investigating the criminal case of felony crimes committed by the Supreme Court of the People ' s Court of Supreme Court to investigate; the criminal case of serious, complex crimes involving crimes. In many provinces, the central city, the criminal case of a particularly serious, complex crime involving many countries if it is to be directly investigated.
What? 164. The mission, the powers of the agencies of the Border Defence, Customs, Forest Police, Sea Police Forces, Controls and other agencies of the People 's Public Security, the People' s Army was tasked with conducting some of the operation ' s investigation activities.
1. When the conduct of the offence has signs of crime in the field and its management address then the agencies of the Border Defence, Customs, Forest Police, the Marine Police Force, the Control is tasked with conducting some of the most possible investigation activities. mission, permissions:
a) For a less serious crime in the case of a grave crime, evidence and a clear offender ' s case, the decision to prosecute the criminal case, the prosecution of the defendant, conduct the investigation and move the case file to the competent Examination Institute in the meantime. 1 month from the day of the decision to prosecute the criminal case;
b) For serious crime, very serious crime, serious special crime or less serious but complex crime, the decision to prosecute the criminal case, conduct the initial investigation operation, and transfer case files to the Agency for Treatment of Criminal Justice. There are jurisdiction over the course of the 07-day period since the date of the decision to prosecute the criminal case.
2. In the People 's Public Security, the People' s Army, in addition to the regulatory agencies stipulated at Article 163 of this Code, other agencies are tasked with conducting a number of investigative activities while doing their duty, if the detection of a criminal sign is found. We have the right to prosecute the criminal case, conduct the initial investigation, and transfer the case files to the Agency for jurisdiction over the course of the 07-day period since the date of the decision to prosecute the criminal case.
3. The agencies of the Border Defence, Customs, Forest Service, Sea Police Forces, Fisheries, other agencies in the People 's Public Security, the People' s Army assigned to conduct some investigation activities must perform on the right task, the regulatory authority said. in Article 39 and Article 40 of this Code and execute the correct principle, the sequence, the proceedings for the investigation activity provided by the Code. The Institute of Control has the responsibility of practicing the right to the prosecution and to examine the compliance of the law in the investigation of these agencies.
4. The specific investigation authority of the agencies of the Border Defence, Customs, Forest Police, Sea Police Forces, Fisheries and other organs of the People 's Public Security, the People' s Army was tasked with conducting some of the operation ' s execution practices. the regulation of the law organizing the criminal investigation.
What? 165. The mission, the authority of the Institute of Examination for the practice of the right of prosecution during the investigation of the criminal case
1. Ask the Agency for the investigation, the assigned body to conduct a number of operational or change investigation operations, the addition of the decision to prosecute the criminal case, the prosecution of the defendant.
2. Approve or cancel the decision to prosecute, the decision to change or supplement the decision to prosecute the unsubstantiated and illegal prosecution of the law.
3. Initiate, change, add the decision to prosecute the criminal case, the prosecution being involved in the cases prescribed by the Code.
4. Appropries, do not rative the arrest warrant held in case of an emergency, renew the detention, the detention, the reservation, putting money to secure, examine, obtain, hold items, mail, mail, mail, mail, file, apply the proceedings. In particular, the ratification, which does not ratiapprove other proceedings without the base and law of the Census Agency, the agency is tasked with conducting a number of investigative activities under the provisions of this Code; the cancellation of pending impeachment decisions. The coroner's base and the law enforcement agency, the agency is tasked with conducting a number of investigative activities. The case does not ratiate or cancel, in the decision not to ratiate or cancel the reason.
5. The decision to apply, change, cancel the deterred, the statutory coercve measure of this Code.
6. Proposal to ask for an investigation and a request for the Agency to investigate, the agency tasked with conducting a number of investigative activities conducting investigations to clarify the crime, the offender; the request for the Agency to investigate the wanted warrants, apply the special proceedings. All right
7. Direct conduct a number of investigative activities in the case for inspection, supplematation of documents, evidence when approval of the order, the Agency ' s decision, the agency to be tasked with conducting some investigation activities or case-detection cases. signs of false, false, criminal misconduct, violation of the law required by the Institute for a degree in writing but not remedied or case to test, replenel the document, evidence when deciding on the prosecution.
8. Initiate the criminal case when the discovery of the competent person ' s conduct in solving the prosecution, the report on the crime, the prosecution petition and in the prosecution, the investigation has a criminal sign; asking the Agency to investigate the criminal case when it is released. The behavior of the person with authority in solving the prosecution's judgment, the criminal record, the prosecution, and the prosecution, the investigation has signs of crime.
9. Decided to renew the deadline of inquiry, the detention deadline; the decision to transfer the case, apply the withdrawal procedure, apply the treatment mandatory; cancel the separation decision, enter the case.
10. Do the task, the other authority in the practice of prosecution under the provisions of this Code.
What? 166. The mission, the authority of the Institute of Examination when the examination of the criminal case investigation
1. Check out the compliance of the law in the beginning of the investigation, the investigation and the filing of the investigation agency ' s case, the agency tasked with conducting a number of investigative activities.
2. Check out the criminal proceedings of the litigants; the request, the agency, the organization, the individual who has the authority to handle the seriousness of the law.
3. Address the dispute over the jurisdiction of the investigation.
4. Ask the Agency to investigate, the agency tasked with conducting a number of investigative activities that provide relevant documentation to examine the compliance of the law in the prosecution, investigation when necessary.
5. When an incomplete investigation is found, a violation of the law requires the Agency to investigate, the agency tasked with conducting a number of operations that investigate the operation:
a) conduct a law enforcement operation;
b) Check out the investigation and notice results for the Institute of Examination;
c) To provide documentation related to the behavior, the decision to denounce the violation of the law in the investigation.
6. The petition, which requires the Agency to investigate, the agency is tasked with conducting a number of operations corrects violations in the prosecution, investigation.
7. Ask the Chief Executive Officer, the agency to be tasked with conducting a number of investigative activities that change the Investigation of Investigation, the Investigation Officer, the strict handling of the Investigation of the Investigation, the Investigation Officer in violation of the law in the proceedings.
8. The agency ' s agency, the useful organization, applies the measures to prevent crime and violation of the law.
9. Do the task, the other authority in the inspection of the criminal case investigation under the provisions of this Code.
What? 167. The responsibility of the Census Agency, the agency tasked with conducting some investigation activities in the implementation of the request, the decision of the Institute of Examination in the investigation phase.
1. The investigation agency, the agency tasked with conducting a number of investigative activities must carry out the requirement, the decision of the Institute of Examination during the investigation phase.
2. For the regulation of regulation at paragraph 4 and paragraph 5 Article 165 of this Code if not unanimous, the Agency for the Investigation, the agency tasked with conducting some investigation activities still must carry out but has the right to petition with the Institute for Superior Examination. Live. In the 20-day period since the date of receiving the petition of the Census or during the 05-day period since the date of receiving the petition of the agency tasked with conducting some investigation activities, the Direct Control Institute must review, the solution. decide and announce the results of the resolution to the petition.
What? 168. The responsibility of the agency, the organization, the individual in the implementation of the decision, the inquiry ' s request, the agency tasked with conducting a number of investigative activities, the Institute of Police.
The agency, the organization, the individual must strictly implement the decision, the inquiry agency ' s request, the agency tasked with conducting a number of investigative activities, the Institute of Examination during the criminal case investigation phase; the case does not proceed without due process. The rationalization or not due to the objective of objectiation is processed by the rule of law.
What? 169. Move the case to investigate.
1. The Institute of Examination jointly decided to transfer the case to investigate when belonging to one of the cases:
a) The investigative body on the same level saw the case not under the jurisdiction of the investigation and recommended the transfer of the case;
b) The secondary investigation agency withdrew the case to investigate;
c) The alleged investigator is the Chief Executive Officer;
d) The Institute of Examination asked for the transfer of the case that the Census Agency did not execute.
2. The transfer of the case outside the province, the central city or outside of the military area provided by the Provincial People's Service, the Military Police Department of Military Police.
3. The procedure moves the case to investigate under jurisdiction:
a) In the 03-day period since the date of the inquiry ' s recommended receiving date, the Institute of Examination has the authority to make a decision to move the case;
b) In the 24-hour period since the decision to transfer the case, the Institute of Examination must submit that decision to the Agency investigating the case, the Agency for the Authority to continue to investigate the case, the defendant or the agent of the defendant, the defense, harmed and the Institute of Censorship.
4. In the 03-day period since the date of the decision to transfer the case, the Agency of inquiry is investigating the case in charge of transferring the case file to the Competent Investigative Agency to continue the investigation.
5. The duration of the investigation is calculated from the date of the Census that received the case file until the end of the case investigation under the provisions of this Code. In the case of the expiration of the investigation, it is not possible to end the investigation, the Institute for the Examination has the authority to review it, deciding to renew the investigation under the general procedure stipulated at the Code.
What? 170. Enter or separate the criminal case to conduct investigation
1. The investigative agency may enter to conduct an investigation under the jurisdiction in the same case when belonging to one of the cases:
a) being guilty of many sins;
b) To be found guilty repeatedly;
c) Many of the people who are involved with a crime or with the defendant have other people covering crime or not denouncing crimes, consuming property due to being convicted of the crime.
2. The investigation agency is only separated from the case in case it is necessary when it is not possible to complete the investigation into all criminals and if that separation does not affect the identification of the objective truth, the holdout of the case.
3. The decision to enter or separate the case must submit to the Institute of Examination on the same level during the 24-hour period since the decision. The case was not unanimous to the decision to enter or separate the investigation of the investigation, the Institute of Examination decided to cancel and specify the reason.
What? 171. The Commissioner for investigation.
1. When necessary, the Trust Agency for the Enforcement Agency conducts some investigation activity. The decision to trust the investigation must clear the request and send it to the Commissioned Inquiry Authority, the Institute for the Inspection Jointly with the Commissioned Inquiry Authority.
2. The mandated investigative agency must fully perform the mandated work on the deadline by which the Commissioner of the Trust is required and accountable to the law on the results of the investigation of the investigation. If you don't get a mandate, you have to have a copy of the reason that the coroner's office is concerned.
3. The Institute of the Examination Jointly with the Commissioned Investigative Agency is responsible for practicing the right to the prosecution and examination of the conduct of the investigation of the Trustee Investigation investigation and must be transferred immediately to the law enforcement outcome and examination of the commission. The investigation to the Institute of Police has commissioned the enforcement of the right to the right of prosecution and examination of the investigation.
What? 172. Investigation deadline
1. The deadline of investigating the criminal case no more than 2 months for less severe crime, no more than 3 months for serious crime, no more than 4 months for very serious crime and serious crimes since the prosecution of the case to the crime. until the end of the investigation.
2. The case needs to renew the investigation due to the complex nature of the case, which is as slow as 10 days before the expiration of the investigation, the Census Agency must have a written request for the Examination Extension Examination.
The extension of the investigation is specified as follows:
a) For a less serious crime that can be extended to investigate once no more than 2 months;
b) For serious crime can be extended to the investigation twice, the first time no more than 3 months and the second time no more than 02 months;
c) For very serious crime that can be extended to the investigation twice, each time no more than 4 months;
d) For serious special crimes that can be extended to the investigation three times, each time no more than 4 months.
3. For a particularly serious crime that the deadline for the expiration of the investigation has expired but due to the very complex nature of the case that it has not been able to end the investigation, the Supreme People ' s Institute for Examination of the Supreme People may extend an additional less than 4 months.
For the crime of national security, the Supreme People's Institute of Public Examination has the power to extend an additional four-month-long term.
4. The case of change or addition of the decision to prosecute the criminal case, entering the case, the total deadline of the investigation does not exceed the specified deadline at 1, 2, and 3 Articles.
5. Authority to renew the investigation by the Institute of Examination:
a) For less severe crime, the Institute of the Human Health Control Institute, the Regional Military Examination of the Regional Military Examination. The case of the case was investigated by the Provincial Investigative Agency, the Department of the Department of Correctiated Military Research, the Provincial People's National Institute for Human Protection, the Military Police Department of the Military Region, to investigate;
b) For serious crime, the Institute for Human Health Control, the Regional Military Examination of the Regional Military Examination for the first and second time. The case of the case was investigated by the Provincial Investigative Agency, the Department of Correctiated Military Research, the Provincial People's National Institute for Human Protection, the First and Second Census of the Military Military Inspection.
c) For a very serious crime, the District People's Institute of Human Examination, the Regional Military Examination of the First Census; the Provincial People's Control Institute, the Military Military Inspection of the Military District Military Region, the second census. The case of the case was investigated by the Provincial Investigative Agency, the Department of Correctiated Military Research, the Provincial People's National Institute for Human Protection, the First and Second Census of the Military Military Inspection.
d) For a particularly serious crime, the Provincial People's National Institute of Human Examination, the Military Military Inspection of the First and Second Census, and the Supreme People's Examination Institute, the Central Military Medical Institute renewed the third census.
6. Cases of the case run by the Department of the Department of Public Affairs, the Department of Defense Services, the Supreme People 's Audit Agency, the extension of the investigation is under the jurisdiction of the Supreme People' s Examination Institute, the Institute of Police. the central military.
What? 173. Detention deadline for investigation
1. The detention deadline for investigation is no more than 2 months for less severe crime, no more than 3 months for serious crime, no more than 4 months for very serious crimes and serious crimes.
2. The case where the case has a lot of complex conditions, the trial needs to be longer for the investigation and no grounds to change or cancel the detention measure, which is at least 10 days before the expiration of the detention period, the Census Agency must have written. I recommend the Senate.
The extension of the detention is determined by the following:
a) For a less serious crime that can be extended to jail once no more than 1 month;
b) For serious crime that can be extended to jail once no more than 2 months;
c) For very serious crime that can be extended to jail once no more than 3 months;
d) For a serious special crime that can be extended to jail twice, each time no more than 4 months.
3. Authority to renew the detention of the Examination Institute:
a) The district-level human examination institute, the Regional Military Examination Institute has the right to extend the detention of less serious crimes, serious crimes and a very serious crime. The case of the case was investigated by the Provincial Agency for the Department of Corrects, the Department of the Department of Corrects of the Provincial People's National Police, and the Military Police Department of the Military Police Department, with the right to renew the detention of a misdemeanor, serious crime, crime, and crime. It's a very serious crime.
b) The case of the first term of confinement for the first time stipulated at this point of a paragraph that cannot end the investigation and without the base to change or cancel the detention measure, the Provincial People's Control Institute, the Military Assistance Institute, The area may be renewed for a second time in serious crime.
4. Cases of the case run by the Department of the Department of Public Affairs, the Defense Department investigating the Supreme People 's Department of inquiry, the extension of the jurisdiction under the jurisdiction of the Supreme People' s Examination Institute, the Institute of Police. the central military.
5. The case is needed for a national security breach, the Supreme People 's Institute for the Supreme People' s Institute has the right to renew an additional four months. The statute of limitations stipulated in this paragraph, which cannot end the investigation and no grounds to change or cancel the detention, the Supreme People's Institute of the Supreme People has the right to extend it once but not. One month for serious crimes, no more than 2 months for very serious crime, no more than 4 months for a particularly serious crime. The special case for special special offenders who trespass against national security without a base to cancel the detention, the Supreme People's Institute of People's Examination Of the Supreme People's National Security Council decides to hold a detention until the end of the investigation.
6. The case needed for a particularly serious crime is not a national security violation and no grounds to change or cancel the detention measure then the Supreme People ' s Institute for Human Rights of the Supreme People has the right to renew one more but one time. No more than 4 months; the special case does not have a base to cancel the detention, the Supreme People's Institute of People's Examination of the Supreme People's Institute decides to hold the detention until the end of the investigation.
7. During the detention period, if the trial is not required to resume detention, the Census Agency must promptly recommend the Examination Institute to cancel the detention in order to pay the person who is detained or considered necessary, applying the deterred. Different.
At the end of the prison term, the imprisoned man must be paid free. A required trial field, the authorities have the authority to proceed in order to apply for other deterred.
What? 174. The recovery deadline, the additional investigation, the investigation.
1. The case of recovery of regulation in Article 235 of this Code is the deadline for the next investigation of no more than 2 months for less severe crime, serious crime and no more than 3 months for very serious crime, serious crime. I mean, since we've decided to reinstate the investigation until the end of the investigation.
The case needs to renew the investigation due to the complex nature of the case, which is as slow as 10 days before the expiration of the investigation, the Census Agency must have a written request for the examination of the investigation into the investigation.
The extension of the investigation is specified as follows:
a) For less serious crime that can be extended to investigate once no more than 1 month;
b) For serious crime and very serious crime can be extended to the investigation once no more than 2 months;
c) For a serious special crime that can be extended to investigate once no more than 3 months.
The authority to renew the investigation to each of the statutory offenses at paragraph 5 Article 172 of this Code.
2. Case of the case returned by the Institute of Appeal to request additional investigation, the additional investigation deadline is less than 2 months; if the Court returns to request additional investigation, the additional investigation deadline is not more than 1 month. The inspection hospital was only returned to the file for additional investigation twice. The judge presiding over the trial was only paid to investigate the addition once and the trial council was only returned to investigate the addition once.
The deadline for the additional investigation from the date of the investigation of the investigation received the case file and required additional investigation.
3. The case of the case is returned to reinvestigate the deadline of the investigation and renew the investigation under the regulation at Article 172 of this Code.
The investigation deadline is calculated from when the Agency for the investigation received the case and requested the investigation again.
4. When the recovery of the investigation, the additional investigation, the investigation again, the Investigative Agency has the right to apply, change, cancel the containment measure, the statutory coercve measure of this Code.
If the required base of the Code is required to be detained, the detention deadline for the recovery of the investigation, the additional investigation is not too long overdue for investigation, the additional investigation stipulated at 1 and paragraph 2.
The term of detention and the extension of the detention in case the case is investigated again as prescribed at Article 173 of this Code.
What? 175. Resolve the request, recommended by the participant.
1. When the litigation participant has the request, recommended on matters relating to the case, the Investigative Agency, the agency tasked with conducting a number of investigative activities, the Institute of Examination within its range of responsibility addressed the request, recommended by the government. And let them know the results. The case did not accept the request, recommended that the Agency for the Census, the agency assigned to conduct a number of investigative activities or the Institute of Respondents to answer and specify the reason.
2. The case does not agree with the resolve outcome of the Census Agency, the agency tasked with conducting a number of investigative activities or the Examination Institute, the participant of the complaint has the right to complain. The complaint and settlement of the complaint is made as prescribed at Chapter XXXIII of this Code.
What? 176. Witness attendance.
Witnesses are summoned to witness the investigation activity in the cases prescribed by the Code.
The witness has the responsibility to confirm the content, the results of which the person with the authority to conduct the chant has conducted while he is present and may have a personal opinion. This comment is written on the record.
What? 177. No secret investigation.
In case of a secret investigation, the investigator, the investigation officer, the prosecutor, the detective must ask the agent to plead not to disclose the investigation. This requirement is written to the editor.
Investigator, Detective Officer, Auditor, Auditor, who is involved in the investigation of the investigation into the nature of the investigation, the extent of the breach, the degree of violation of the disciplinary action, the breach of the administrative breach, or the search for criminal responsibility according to the regulations of the law. the law.
Upon conducting an investigation, the person with the authority to conduct a procedure must be set up by regulation at Article 133 of this Code.
Investigator, the Border Operations Officer has to read the editor to the participants, explaining to them the right to replenel and comment on the receipt. Additional comments, comments are written to the editor; the case does not accept the plugin, which is clear to the editor. The participant, the coroner, the Executive Officer, signed the name to the border.
The case of the Audit, the compiled editor, is made available as specified in this. The border must be transferred immediately to the coroner to include the case file.
The mapping of the prosecution phase is carried out as specified in this Article.
THE PROSECUTION WAS CAUGHT AND ASKED TO DELIVER.
What? 179. The prosecution was interfed.
1. When there is enough base to identify a person or the legal person who has taken the behavior that the Code of Criminal Code is criminal, the Agency investigating the decision to prosecute the prosecution.
2. The decision of the prosecution is determined by the time, the decision-making, the name, the decision of the decision; the name, the day, year, year, year of birth, nationality, nation, religion, sex, habitation, occupation, Which of the Code of Criminal Code; time, place of crime and other conditions of crime.
The case of the alleged prosecution of various crimes, the decision to prosecute the prosecution must be noted for each of the crimes and the provisions of the Code of Criminal Code.
3. During the 24-hour period since the decision to prosecute the defendant, the Agency must submit a decision to prosecute the prosecution and the document concerning the prosecution's alleged prosecution of the Institute for the examination. In the 03-day period since the date of receiving the alleged prosecution decision, the Institute of Examination must decide to approve or decide to cancel the decision to prosecute the defendant or request additional evidence, document as the base to decide on ratification and send immediately. for the Agency for the investigation.
At the time of the 3-day review, the Institute for the Examination Requires the addition of the evidence, the document in the 3-day period since the date of the receiving of the evidence, the additional document, the Institute of the Examination Must Decide to ratiate or decide to cancel the decision to prosecute the prosecution.
4. The case of finding someone who has done the behavior that the criminal code rules as a crime has not yet been initiated, the Institute of Examination requires the Agency to decide whether to prosecute the defendant or directly determine the alleged prosecution if requested but the Agency. The coroner didn't do it. In the 24-hour period since the decision to prosecute the defendant, the Institute of Police must submit to the Agency for the investigation to conduct the investigation.
After receiving the case and concluding an investigation if the Institute of Examination found someone else had done the behavior that the criminal code stipulated as a crime in the uncondemned case, the Institute for the Examination Decided to prosecute the defendant and pay the case to the Agency for the investigation. to investigate the plugin.
5. After receiving a decision to approve the decision to prosecute the defendant or the decision to prosecute the defendant ' s intervention, the Agency for the investigation must immediately decide the alleged prosecution, the decision to approve the decision to prosecute the defendant and explain the right, duty. For the courage.
After receiving a decision to approve the decision to prosecute the defendant, the Agency for the investigation must take a photograph, create a name, the index of the prosecution, and put it into the case file.
The transaction, receiving the above stated decisions by the provisions of Article 133 of this Code.
What? 180. Change or supplement the decision to prosecute
1. The investigative agency, the Institute for Change of Corrects decided to prosecute the prosecution when belonging to one of the cases:
a) When conducting an investigation if a base determines the behavior of an uncommitted defendant,
b) The decision to prosecute is not correct them, the name, age, the body of the defendant.
2. The investigation agency, the Institute of Examination Must Supplement the decision to prosecute the defendant if there is a determined base of the body that is executed by the can of other actions in which the Code of Regulation is a criminal.
3. For the 24-hour period since the decision to change or add the decision to prosecute the defendant, the Executive Office must submit this decision and the document is relevant to that change or supplement to the Institute for the Examination Jointly for ratification. In the 03-day period since the date of receiving the decision to change or supplement the defendant's decision to prosecute the defendant, the Institute of the Examination Must Decide to approve or decide to cancel the decision to change or add the defendant's decision to change or request additional evidence. Well, the document is based on a decision to determine the ratification and the immediate dispatch to the Agency for the investigation.
The case of the Institute of Examination requires the addition of evidence, documents, for a period of 3 days from the date of receiving evidence, additional documentation, the Institute for the Decision to ratiate or cancel the decision to change or add the decision to the prosecution.
In the 24-hour period since the Institute for the inspection of the decision to change or add the decision to prosecute the defendant, the Institute of Police must submit to the Agency for the investigation to conduct the investigation.
4. After receiving a decision to rative or decide to cancel the decision to change or add the decision to prosecute the defendant, decide to change or supplement the defendant ' s intervened prosecution decision, the Executive Authority must hand over this decision to the decision. who has been accused.
The transaction, receiving the above stated decisions by the provisions of Article 133 of this Code.
What? 181. Suspended operation suspended.
When the alleged involvement of the intervention of the office was difficult for the investigation, the agency was tasked with conducting a number of investigative activities, the Institute of Examination entitled to petition with the agency, the organization with the authority to administer the custody of the police. Only the defendant's case. In the 7-day period since the date of the petition, the agency, the organization must respond in writing to the Census Agency, the agency tasked with conducting a number of investigative activities, the Institute of Police has petied the petition.
What? 182. Summons to be taken.
1. When summoned the can, the investigator must send a summons. Paper summons are known to have the name, the place of the defendant; now, the date, month, year, the site is present, the time of work, meeting who and the responsibility for the absence of no cause or not due to objective obstacles.
2. The intervention paper was sent to the commune itself, the ward, the town where the person was involved in the residence or agency, the organization where the intervening, learning. Agency, the organization received a summons with the responsibility of transferring the paper to the defendant.
Upon receiving the summons, the defendant must be signed and noted, the date of receiving. The transfer of a summons must transfer the certificate of the defendant to the body who has summoned the body; if the body is not signed, then it will be written about it and send the body to the body, and send it to the agency; if the defendant is absent, he can deliver the paper. The people who are interested in the body of the defendant have the ability to do civil behavior to sign the body and transfer them to the body.
3. The defendant must be present on a summons. The absence of an unimpediable reason or whether or not the objective is to be avoided, the coroner may decide to apply.
4. The case is needed, the Audan can summon the can. The convening of the intervention is carried out by regulation at this point.
1. Ask the bow of the defendant to proceed immediately after the decision to prosecute the prosecution. It is possible to ask the palace at the site of the investigation or at his residence. Prior to the inquiry, the coroner must inform the police officer and the time defense, the location of the question. When the tests are needed, the police officer is involved in asking the body to be involved.
2. Before conducting the first bow of inquiry, the investigator must explain to the defendant clearly and the prescribed obligation at Article 60 of this Code. This must be written.
The case where the case is a lot of interference is asked by people and doesn't let them contact each other. It is possible for the defendant to write his own statement.
3. Do not ask for the bow of the body at night, unless the case cannot be delayed but must specify a reason for the receipt.
4. The police officer asks to provide interference in the case of an unsolicitor, a complaint that investigs or whether the base determines the investigation of a violation of the law or in other cases when it is needed. The examination of the body was carried out by regulation at this point.
5. Investigate Officer, Investigation Officer, Auditor, Test of the Palace, which uses the humiliation of the defendant, is responsible for the criminal code of the Criminal Code.
6. Ask for the arrest of the body at the detention facility or at the Executive Office headquarters, the agency tasked with conducting a number of investigative activities that must be recorded or taped with sound.
The question of whether or not the other site can be found or recorded is sound at the request of the defendant or of the agency, who has the authority to conduct proceedings.
What? 184. The border is to be asked.
1. Every time you ask the can to be set up.
The border was asked to be established in accordance with Article 178 of this Code; it must be fully documented, the questions and the answers. Strictly prohibited the investigator, the Officer investigated himself adding, less or correct the testimony of the defendant.
2. After asking the bow, the investigator, the Investigated Officer must read the receipt to the defendant or to be read by the can. The additional case, the editor, the Investigate Officer, the Investigated Officer, and the coroner confirmed. If the page has multiple pages, then it is signed by each page. The case of a self-declared case, the Investigate Officer, the Investigated Officer and the Contracting Officer were confirmed to the affidavit.
3. The case of asking for an interpreter who interprets the interpreter, the Investigated Officer must explain the rights and obligations of the translator, while explaining the right to the right to request changes to the translator; the translator must sign each. Page of the bow.
In case of a plea to the body, the agent of the defendant, the coroner, the coroner must explain to these people who know their rights and obligations while asking the bow. The defendant, the defense, the agent who signed the house. In the case of the person who is asked to be involved, the editor must record the question of the person's defense and answer the defendant.
4. The case of the inspection of the police asked to supply the can then the border is done in accordance with the regulation of this. The border asked the can to be transferred immediately to the coroner to include the case file.
TAKING TESTIMONY FROM THE WITNESS, WHO IS HARMED, THE CIVIL PLAINTIM, THE CIVIL DEFENDANT, WHO HAS THE RIGHTS, THE OBLIGATION IN RELATION TO THE CASE, THE OBJECT AND IDENTITY
What? 185. A million people to testify.
1. When summoned a witness to the testimony, the investigator must send a summons.
2. A summons of witnesses who testify to their names, whereabouts or workplaces, the study of the witness; now, the date, month, year and the venue are present; the purpose and work content, the time of work; meet who and the responsibility for absence from reason. due to the inability to appeal or not due to objective obstacles.
3. The delivery of the summons is performed as follows:
a) The summons are delivered directly to the person who testis or through the township government, the ward, the town where the witnesses reside or the agency, the organization where the witnesses work, learn. In any case, the delivery of a summons must be signed. The township itself, the ward, the town where the witnesses reside or the agency, the organization where the witnesses work, is responsible for faciliteward of the person who testis to the duty of duty;
b) The identification of the witness under the age of 18 is assigned to their father, mother or other representative;
c) The delivery of the identification of a person to testify under the judicial trust of the foreign country is carried out under the provisions of this paragraph and the Law of Judicial Assistance.
4. The case is needed, the Examine can summon the witness to get the testimony. The convening of the witness is carried out by regulation at this.
What? 186. Testify to the testimony.
1. The testimony of the testimony was conducted at the site of the investigation, the residence, the workplace or the school place.
2. If the case has many people who testify, they have to take their own testimony and not let them get into contact, exchanging it together in the time of testimony.
3. Before taking the testimony, the Investigate Officer, the Investigation Officer must explain to the person who witnesses the rights and obligations under the regulation at Article 66 of this Code. This must be written.
4. Before asking about the content of the case, the investigator had to ask about the relationship between the person who testified to the defendant, was harmed, and other details about the witness ' s behalf. The investigator asks the witnesses to testify or write freely and voluntarily what they know about the case, then ask the question.
5. The case found that the testimony of the non-objective investigator or criminal law or trial should clarify the evidence, document to decide whether the ratification or not approval of the Investigation Agency ' s pending decision or to decide whether or not. If you can, the prosecutor can take the testimony from the witness. The testimony of the testimony of the witness is done in accordance with this.
What? 187. Testimony to the testimony of the witness
The testimony of the testimony of the testimony is set up in accordance with Article 178 of this Code.
The testimony of a witness can record or record sounds.
What? 188. Summoned, taking the testimony of harm, of course.
The convening, taking the testimony of the defendant, is carried out by regulation at the 185, 186, and 187 provisions of the Code.
The deposition of the defendant, whether the recording or recording is sound.
1. The case has a contradiction in testimony between the two or more people who have conducted other investigations but have yet to resolve the contradiction then the investigator conducts the opposite. Prior to the treatment, the investigator must notify the Institute for the Emergency Inspection. The police officer must be present for the treatment of the treatment. If the Face-Off Test is clear to the physical record.
2. If there is a person who testis or is harmed to participate then before the treatment of the investigator must explain to them the responsibility for refusing, evasion or intentionally declare a lie. This must be written.
3. At the start of the object, the coroner asks about the relationship between the participants, then asks them about the circumstances that need to be clear. After hearing the subject, the investigator can ask for one more person.
During the course of the matter, the investigator may give evidence, documents, objects that are relevant; it is possible to allow participants to question each other; the question and response of these people must write to the writing.
It was only after the participants who had already completed their earlier testimony.
4. The Ministry of Metabolism is established as specified in Article 178 of this Code. The treatment can be recorded or recorded with sound.
5. The case is needed, the DOCTOR can proceed with the treatment. The treatment is carried out by regulation at this.
1. When necessary, the investigator may take the person, photo or object to the person who testis, to be harmed or to be found in the form.
The number of people, photos or items that take out to identify at least three and outside must be similar, except for the case of a cadet identification.
Prior to the identification, the investigator must notify the Institute for the Emergency Inspection to check the identification. The audits must be present for the identification of the identification. If the Off-Off Test is clear to the identifier.
2. The following must participate in the identification:
a) The witness, being hurt, or being struck;
b) The witness.
3. If the person who testis or is harmed is the identification person then before the conduct, the investigator must explain to them the responsibility for the refusal, evasion of declaration or intentional declaration of a lie. This must be written.
4. The investigator has to ask before the identification of the details, the traces and the traits that they can identify with.
During the identification process, the investigator is not questioned. After the identification has confirmed a person, an object or a photograph in the number is given to identification, the coroner asks them to explain that they have been based on the remains or traits that confirm the person, the object or the image.
5. The identification receipt is set by regulation at Article 178 of this Code. The receipt of the identity, the health condition of the identification and of the persons given to identification; the character's character, the image is given to identification; the declaration of the identification, the presentation of the identification; the light conditions when the identification is made.
1. When necessary, the investigator may give the hurt, the witness or the person arrested, to be detained, to be known to know the voice.
The number of voices given to recognition must be at least three and must have a negative, similar volume.
Prior to the conduct of the speech, the investigator must notify the Institute of the same degree to send an examination to the police officer to examine the recognition of the voice. The audits must be present for the recognition of the voice recognition. If the Absent Check is on the record, it is clear to the voice of the voice.
2. The following must participate in the recognition of the voice:
a) The supervisor of the sound;
b) He is required to recognize the voice;
c) The person is given to recognize the voice, except for the case that the voice recognition is done through the recording medium;
d) The witness.
3. If the person who testis, harmed is required to recognize the voice, prior to the conduct, the investigator must explain to them the responsibility for the rejection, evasion of declaration or intentional declaration of a lie. This must be written.
4. The investigator has to ask before the person who is asked to recognize the voice about the traits that they may be able to identify with the voice.
During the course of the speech, the coroner was not asked to question the question. After he was asked to identify the voice in the voice given, the coroner asked them to explain what characteristics they were based on confirming that voice.
5. The statement of the voice recognition is set by regulation at Article 178 of this Code. The receipt of the identity, the health condition of the person being asked to recognize the voice and of those given to the recognition of the voice; the characteristic of the voice is given to the recognition, the presentation of the voice recipient; the condition of the voice. space when performing a voice recognition.
SEARCH, CAPTURE, DOCUMENT, OBJECT
What? 192. The base of examination, accommodation, location, media, documents, items, mail, mail, mail, mail, mail, electronic data.
1. The examination of people, accommodation, workplaces, places, media is only conducted when there is a base for identification in the person, accommodation, site, tool of tools, means of committing crimes, documents, items, property due to the crime that has or not. animal, electronic data, other documents that are related to the case.
The search for accommodation, location, location, vehicle, is also conducted when a person is wanted to detect and rescue victims.
2. When there is a base for identification in mail, telegraph, parcel, mail, electronic data with tools, means of crime, documents, items, properties related to the case, it is possible to examine mail, telegraph, parcel, postal, electronic data.
What? 193. The judge ordered the search warrant.
1. Those who have the authority specified at 1 Article 113 of this Code have the right to order a search warrant. The search warrant for those prescribed at paragraph 2 35 and point a 1 Article 113 of this Code must be approved by the Institute for the Jurisdiction Approval prior to the execution.
2. In case of an emergency, those with the authority stipulated at paragraph 2 Article 110 of this Code have the right to order a search warrant. For the 24-hour period since the examination, the person who ordered the search must be notified by a written statement to the Institute of the same degree or the Institute for the Examination Authority to practice the right to the prosecution and to examine the investigation of the incident, the case.
3. Before conducting the search, the investigator must notify the Institute of Examination of the same time and place to conduct a search for the examination of the examination, except for the case of an emergency examination. The audits must be present for examination. If the Face-Off Test is clear to the review editor.
4. All cases of examination are set up in accordance with regulation at Article 178 of this Code and include in the case file.
1. At the start of the human examination, the execs of the search warrant must read the order and give the person the search to read it; explain to the person who is examined and the people who are aware of their rights and obligations.
The person who conducts a search must ask the person to be examined in the case, whether they are related to the case, if they refuse or give a complete disservice of the document, the object involved in the case.
2. The review of the person must be performed by the same gender and someone else with the same witness. The search is not violated to the life, health, property, honor, dignity of the person being examined.
3. Can conduct a person ' s examination without a warrant in the case of arrest or when based on the grounds to claim the person present at the site of a hidden search in the weapon, the weapon, the evidence, the document, the object involved in the case.
What? 195. Explore the accommodation, workplace, location, media.
1. When a place is found, there must be a person or a person who is 18 years old and above the same place, there is a representative of the government, the ward, the town, and the witness; in that case, the person, who is 18 years old, goes up to the same place in the absence of the absence, escapes. Or for other reasons they were not present, the search could not be delayed, but the search was still conducted, but there had to be a representative of the government, the town, the town, and the two witnesses.
Do not begin examination at night, except for emergencies but must specify a reason for the record.
2. When looking at a person ' s workplace must be present in person, unless the case cannot be delayed but must specify the reason to the margin.
The discovery of the workplace must be representative of the agency, the organization where the person works witness. In the absence of an agency, the examination is still conducted, but there must be a representative of the township, ward, town, and 2 witnesses.
3. When you examine the site must have a township representative, the ward, the town where the search and the witness stand.
4. The means of the examination must have the owner of the owner or the vehicle manager and the witness. Where the owner or manager of the vehicle is absent, or for other reasons they are not present, the examination is not delayed, and the search is still conducted, but there must be two witnesses.
When a vehicle is examined, it is possible to invite people with expertise in relation to the means of engagement.
5. When conducting a sit-down search, location, location, vehicle, people who are not allowed to leave the place are being discovered, are not contacted, exchanged with each other or with others until the search is done.
What? 196. Electronic media capture, electronic data.
1. The capture of electronic media, electronic data by the person with the authority to conduct the proceedings and may invite the person with the expertise involved. The unatable case must be saved by the means of storage and capture as for the evidence.
2. When the recording of the electronic media can collect the attached peripherine and relevant documents.
What? 197. Revenue of mail, telegraph, parcel, mail at the agency, postal organization, telecoms.
1. When it is necessary to obtain mail, telegraph, parcel, postal service, postal organization, telecommunications, the Census Authority orders the arrest warrant. This order must be approved by the Institute for the same level prior to execution.
2. The case cannot delay the capture of mail, telegraph, parcel, postal service, postal organization, telecommunications, and the Census Authority may proceed to the record, but it must be noted for its reasons. After the income must be notified immediately to the Institute for the examination of the same document with the documentation associated with the collection for approval.
For the 24-hour deadline since receiving a proposal for ratification and documentation related to the collection of mail, telegraph, parcel, parcel, the Institute of Examination has to make a decision to ratiate or decide not to ratiate. If the Institute of Corrects decides not to ratiate, the person who ordered the arrest must return immediately to the agency, the postal organization, telecommunications, and inform the person with mail, telegraph, and parcel, the seized mail.
3. The execs must notify the person in charge of the agency, the postal organization, the useful telecommunications before the conduct of the collection. The agency's administrator, the postal organization, the right prospect must facilitate the execution of the completion of the mission.
When a mail, a mail, a post office, a parcel, a postal service, a postal representation, a postal organization, a telemason, and a receipt of confirmation on the record.
The body ordered the warrant to inform the person with the mail, telegram, parcel, the seized mail. If the notification prevents investigation after the obstruction is stopped, the warrant for the warrant must be notified immediately.
What? 198. Hold on to the document, you're looking for a search.
1. When the search is examined, the investigator is given the object of the object as the evidence and the document is directly related to the case. For objects of the prohibited possession, the circulation must be obtained and transferred immediately to the competent authorities. The required case was to be sealed in front of the owner of the object, the administrator of the object, the witness, the family representative, the township's representative, the ward, the town where the search was made.
2. The temporary examination of the document, items upon the conduct of the review is compiled by regulation at Article 133 of this Code. The temporary margin is set up in four copies, in which a delivery to the document owner, object or document manager, objects, a map to the case file, a delivery to the Institute of the Same Level and a delivery to the document management agency, objects, and other items. All right.
What? 199. Responsibility for the preservation of vehicles, documents, objects, electronic data, mail, telegraph, parcel, post, post-held, suspended or sealed mail.
1. The vehicle, materials, items, electronic data, mail, telegraph, parcel, post, post, or sealed mail must be preserved intact.
2. The person who destroys seals, consumption, transfers, swapping, stash or destruction of means, documents, objects, electronic data, mail, telegraph, postal, post office, is subject to criminal code according to the regulations of the Code of Criminal Code.
What? 200. The responsibility of the order, the execs of the search warrant, seized, suspended
The person of the order, who execs the search warrant, holds the law, holds the law to hold the law, the degree of violation, the degree of violation of which the law is disciplined or be prosecuted for criminal responsibility.
EXAMINATION OF THE SCENE, AUTOPSY, REVIEW OF THE BODY ON THE BODY, THE EXPERIMENTAL INVESTIGATION.
1. The presiding investigator conducted the discovery of where the crime occurred, where the crime was discovered to detect traces of crime, the capture of evidence, documents, objects, other electronic data involved, and shunking the implications of the implications of the settlement. The case.
2. Before conducting a field examination, the investigator must notify the same-time checkup Institute, the location of the autopsy to send the Test Test at the field. The audits must be present for the examination of the crime scene.
When an examination of the scene must be witnessed; it is possible for the intervention, the defense, the harm, the witness participant, and invites the professional to attend the examination.
3. When the current examination of the field must conduct a photo shoot, map drawing, description of the scene, measure, set up the model; look at the spot and collect traces of the crime, documents, items related to the case; specify the results of the autopsy on the border. The current examination is established in accordance with Article 178 of this Code.
Where the document cannot be considered, the document, the object, must be preserved, withholding or sealing the course of the investigation.
1. The autopsy was conducted by forensic examiner under the chairperson of the investigator and had to have the witness.
Prior to the autopsy, the investigator must inform the Institute of the same information about the time and place of conducting an autopsy to send an examination to the autopsy. The audits must be present for examination of the autopsy.
2. The criminal engineering examiner may be invited to participate in the autopsy to detect, collect traces of the monitoring.
3. When an autopsy must proceed to take a photograph, the description of the traces left on the body; take photos, collect, preserve the object of the program that serves the specified bridge; specify the results of the autopsy on the record. The examination of the autopsy is set up in accordance with Article 178 of this Code.
4. The case to be excavated is required by the Agency to investigate and inform the person of the deceased's relatives prior to the execution. The case of the dead did not have or did not identify their loved ones, informed the representative of the township, the ward, the town where the death was located.
What? 203. Look at the tracks on the body.
1. When necessary, the Investigated investigator considers the traces of the crime or other traces of significance to the settlement of the case on the person ' s body being held in the case of emergency, the arrested, who was detained, was involved, harmed, who worked on it. Yeah. In the case of necessity, the Agency for the Census of Inquiry.
2. The review of the traces on the body must be conducted by the same gender and must have the same witness. If necessary, you may invite your doctor to participate.
Strictly forbidden, honor, dignity of the person being viewed as a trace on the body.
When considering a trace on the body to form a description of the traces left on the body; the case is required to take a photograph, the examiner's request. The review of the traces on the body is set by regulation at Article 178 of this Code.
1. To test, verify the document, the situation that matters to the settlement of the case, the Investigative Agency can experiment on the investigation by reconstructing the scene, retaking on the behavior, situation or other conditions of a certain and advanced incident. Necessary experimental operations. When experimental testing must be measured, take photos, shoot, map, record the results of the investigation into the document.
It prohibits the practice of investigating trespassing on life, health, honor, dignity, property of the participants of the investigation and others.
2. Before conducting an investigation of the investigation, the investigator must inform the Institute of the same information about the time and place of conducting an investigation of the investigation. The audits must be present for examination of the investigation. If the naked check is checked, it must be clear to the editor.
3. The presiding investigator conducts experimental investigation and the fact that the investigation must have a witness.
When conducting an investigation, the Census Authority may invite participants to participate. The necessary case, the person who is held up, is involved, the healer, the harm, the witness can participate.
4. The case is needed, the Institute of Examination conducted the experimental investigation. The implementation of the investigation is carried out by regulation at this.
PROPERTY VALUATION AND VALUATION
1. When belonging to one of the specified cases at Article 206 of this Code or when it is necessary, the competent authority to conduct proceedings is determined by the decision of the referendum.
2. Decided a display of the content to have the content:
a) The name of the appointed bridge, and the name of the man who has the authority of the judges.
b) The name of the host; and the name of the man who was given the request;
c) The name and characteristics of the object to be specified;
d) the associated document name or the accompanying comparison template (if any);
The contents of the request;
e) The date, month, year of the judging panel and the deadline for the conclusion of the argument.
3. In the 24-hour period from the decision of the decision to be determined by the decision of the bridge, the body of the referendum must be delivered or sent a decision on the decision of the judging panel, the case, the decision-making object for the organization, the individual who made the decision; send the decision to the referendum. the examiner for the Institute of Supervisor has the authority to practice the right to the right of prosecution and examination of the investigation.
What? 206. The required cases must be requiitated.
Force required to be required when required:
1. The mental state of the person is charged when there is suspicion of their criminal responsibility; the mental state of the witness or the harm when there is suspicion of cognitive ability, the ability to declare the right testimony about the circumstances of the case. The crime
2. The age of the defendant, the defendant, is harmed if it is significant for the settlement of the case and there is no document to determine their own age or have doubts about the authenticity of those documents;
3. Cause of death.
4. The injury nature, the level of health harm or the ability to labor;
5. Narcotics, military weapons, explosive materials, flammable, poison, radioactive substance, counterfeit money, gold, silver, precious metals, precious stones, antiques;
6. Environmental pollution level.
What? 207. A request for a request
1. The incumbent or their agent has the right to recommend the authority to conduct a referendum on the referendum on matters relating to their right and legal interests, except for the case of the examiner being involved in determining the responsibility of criminal justice. Your people are charged.
For the 7-day period since the date of receiving the recommended text, the agency conducts the proceedings to consider, decision-making decision. If you do not accept the offer, inform the person who has offered a written and informed consent. At the end of this period or since the date received notice of rejection of the authority ' s authority to conduct proceedings, the judge has the authority to ask for its own consent.
2. The person who requires the authority to have the rights and obligations under the provisions of the Judicial Jurisdiction Law.
What? 208. The specified deadline
1. The specified deadline for the mandatory case must be the required referendum:
a) No more than 3 months for the specified case at paragraph 1 Article 206 of this Code;
b) No more than 1 month for the specified case at paragraph 3 and paragraph 6 Article 206 of this Code;
c) No more than 09 days for the specified case at the 2, 4 and 5 Articles 206 of this Code.
2. The deadline for the specified time for other cases is to follow the decision of the specified referendum.
3. The specified case cannot proceed in the specified deadline at paragraph 1 and paragraph 2 This is the organization, the individual who conducts the examiner must promptly inform the document, stating the reason for the referendum, the examiner of the examiner.
4. The deadline for regulation of regulation at this is also applicable to the case of additional monitoring, reregulation.
1. The monitoring may proceed at the regulatory agency or at the site of the investigation of the case immediately after the decision of the referendum, the request for the decision.
Investigator, Detective, Judge, who asked for a judge may attend the judge, but must warn the examiner.
2. The monitoring of the individual or the collective execution.
What? 210. Additional Monitoring
1. Additional monitoring is conducted in the case:
a) The content conclusion is unknown, incomplete;
b) When developing a new problem needs to be determined regarding the circumstances of the case there has been a predetermined conclusion.
2. The additional monitoring may be held by the organization, the individual who has been monitoring or organizing, the other individual makes.
3. The requiitation, the additional monitoring requirement is made as the first specified.
1. The resettlement is done when there is a doubt that the initial conclusion is not correct. The resettlement must be taken by another examiner.
2. The referendum body is either self-appointed or on the recommendation of the participant to decide on the re-appointed referendum. In case the examiner does not accept a request for a resettlement, it must be notified to the person who offers to be written in writing and stating the reason.
3. The case with the difference between the first decision conclusion and the conclusion of the resettlement of the same body, the second resettlement is determined by the examiner. The second resettlement must be executed by the Council on the provisions of the Judicial Regulation Law.
What? 212. Resettle in special circumstances.
In particular, the Supreme People ' s Office of the Supreme Court, Chief Justice of the Supreme People's Court, decided to regroup after the conclusion of the Council's conclusion. The resettlement in the special case must be taken by the new Council, who had previously been involved in the previous predetermined settlement. The conclusion of the resettlement in this case is used to solve the case.
What? 213. The conclusion of the judging panel
1. The regulatory conclusion must clear the regulatory results for those that have been requiitated, required, and other content under the provisions of the Judicial Regulatory Law.
2. For the 24-hour period since the conclusion of the examiner, the organization, the individual who has conducted the examiner must submit the judging conclusion to the requested agency, the examiner ' s request.
In the 24-hour period since the receiving conclusion, the agency has been on the bridge, the person requesting the authority to submit a regulatory conclusion to the Institute for the Control of the Public Rights Control and Examination Examination.
3. To clarify the content of the determinism, the referendum body, the requirement that the examiner has the right to request the organization, the individual has conducted the examiner to explain the examiner's conclusions; ask more people who are concerned about the necessary circumstances.
What? 214. The rights of the defendant, the defendant, are harmed, the other participant to the judging conclusion.
1. During the 7-day period since the date of receiving a request for the appraisal of the defendant, the defendant, the defendant, the other participant, the authority to conduct the proceedings must be considered, decision-making decision.
2. In the 7-day period since the date of the receiving conclusion, the authorities have the authority to conduct proceedings to announce the conclusion of the appraisal for the defendant, the defendant, the defendant, the other litigwoman involved.
3. impeached, accused, harmed, other litigants have the right to present their opinions on the monitoring conclusion; recommend additional monitoring or resettlement. In case they present it directly, the Agency for the Inquisition, the Institute of Examination, the Court must establish its own.
4. The case of the investigation body, the Institute of Examination, the Court does not accept the defendant ' s offer, defendant, defendant, the other litigwoman, to inform the person to offer written consent and specify the reason.
What? 215. Asset valuation requirements
1. When you need to determine the price of the property to solve the criminal case, the competent authority to advance the proceedings of the document to the text of the property valuation.
2. The text that requires the valuation of the assets has the content:
a) The name of the agency requires the valuation; the name of the man with the authority to ask for a valuation;
b) The name of the property valuation Council is required;
c) The information and characteristics of the property need to be priced;
d) The document name is relevant (if any);
) Content valuation is required;
e) The date, month, year of the valuation of the asset, the deadline for the price of the property valuation.
3. In the 24-hour period since the text of the property valuation, the valuation agency must deliver or send a document that requires the valuation of assets, records, objects that require the valuation of assets to the required asset pricing council; submit the required text. The asset pricing for the Institute of Control has the authority to practice the right of prosecution and examination of the investigation.
4. The requirement for property pricing to address civil matters in the criminal case is carried out in accordance with the rule of law on civil proceedings.
What? 216. Asset valuation deadline
The valuation of the asset, which returns the value of the asset execution by the specified deadline in the text that requires the asset valuation. In case the asset valuation cannot proceed in the request deadline, the Asset pricing Council must promptly inform the agency, stating the reasons for the agency, who requested the valuation.
What? 217. Advance asset valuation
1. The valuation of assets led by the Property valuation council. A property pricing session can be made at where the asset is valued or elsewhere by the decision of the Property valuation Council.
Investigator, Detective, Judge may attend a property valuation session but must forewarn the Board of Valuation; when it is agreed by the Board to be agreed to the property, it is entitled to make an opinion.
2. The government regulates the establishment and activities of the Property pricing Council; the sequence, the capital valuation procedure.
What? 218. Revaluation property
1. The case with suspicion of first-valuation conclusions, the authority that has the authority to conduct proceedings on its own or at the suggestion of the accused, the other litigwoman to the text requires a revaluation of the property. The revaluation of assets provided by the Board of Property pricing directly.
2. The case with the conflict between the initial valuation conclusion and the conclusion of the price revaluation of the price of the asset required, the competent authority to advance the proceedings of the document to the text requires a second revaluation. The valuation of the second time is by the Board of Valuation Assets. The conclusion of the revaluation in this case is used to solve the case.
What? 219. Valuation of assets in case of lost property or no longer available
Where the property needs to be lost or whether the valuation of the property is made according to the asset's profile on the basis of the information, the document collected on the property needs to be priced.
What? 220. Revaluation property in the special case
In particular, the Supreme People ' s Office of the Supreme Court, the Supreme Court Chief Justice, decided to revaluation the property when it had concluded the second revaluation of the Board of Property. The revaluation of the property in the special case must be made by the new Council. The person who entered the previous valuation was not revalued. The conclusion of the revaluation in this case is used to solve the case.
What? 221. Asset valuation conclusions
1. The asset pricing conclusion must specify a conclusion about the price of the property according to the valuation requirements and other content under the rule of law.
2. In the 24-hour period since the conclusion of the asset valuation, the Asset Price Council must submit a conclusion to the agency that requires the valuation of the asset, who requires the valuation of the property.
In the 24-hour period since receiving the asset pricing conclusion, the agency has requested, the person who requires the valuation of the property must send the asset valuation conclusions to the Institute for Public Power Control and Examination Examination.
3. To clarify the content valuation conclusions, the agency requires that the asset valuation has the right to ask the Asset pricing Council to explain the valuation conclusions; ask the Board of the Asset pricing Council on the necessary conditions.
What? 222. The rights of the defendant, the defendant, are harmed, the other participant of the property valuation conclusions.
1. In the 7-day period since the date of the receiving of the defendant's property valuation, the defendant, the defendant, the other participant, the authority to conduct the proceedings must be considered, and the text requires the valuation of the property.
2. In the 7-day period since the date of receiving a property valuation, the authorities have the authority to conduct proceedings to announce the conclusion of the asset valuation to the defendant, the defendant, the defendant, the other litigwoman involved.
3. impeached, accused, harmed, other participants have the right to present their opinions on valuation conclusions; offer revaluation. In case they present it directly, the Agency for the Inquisition, the Institute of Examination, the Court must establish its own.
4. The case of the investigation body, the Institute of Examination, the Court does not accept the defendant ' s offer, defendant, defendant, the other litigwoman, to inform the person to offer written consent and specify the reason.
SPECIAL PROCEEDINGS
What? 223. Special proceedings of the case.
After the prosecution of the case, during the course of the investigation, the person with the authority to conduct the proceedings may apply special proceedings:
1. Record, secret recording;
2. Secret of the phone;
3. Collum of electronic data.
What? 224. Case applies special legal proceedings
It is possible to apply special proceedings to the cases:
1. Crime breach of national security, drug crime, criminal charges of corruption, terrorism charges, money laundering;
2. Other criminals organized in a particularly serious crime.
What? 225. The authority, the responsibility of the decision, and the enforcement of the decision to apply for special legal proceedings.
1. Head of the Provincial Office of the Provincial Executive, Head of the Military Office of the Military Region to be on his own or at the request of the Provincial People ' s Control Institute, the military-level military inspection institute has the right to decide to apply. It's a special case investigation. The case for the case was granted by the District Judicial Agency, the Regional Military Investigative Agency, the Deputy Chief of the District Office of the District Office, the Regional Military Investigative Agency recommended the head of the Provincial Office of the Provincial Census, the Head of the Agency. The military investigation of the military's office, the decision to apply.
2. The decision to apply the special proceedings measure the necessary information about the applicable subject, the applicable name, the deadline, the applicable location, the agency to conduct special proceedings and regulatory content at the expense of the subject, the report said. 2 Articles 132 of this Code.
3. The decision to apply special proceedings must be approved by the Institute of the Institute of the Institute for the same level prior to execution. The Chief of the Executive Office made the decision to apply a strict examination of the measure, which was promptly recommended by the Chamber of Deputies to cancel if it was not needed.
The authorities in the People's Public Security, the People's Army, under the provisions of the law, are responsible for the decision to implement special legal proceedings.
4. Head of the Executive Office, the Institute for Competent Examination and the executor of the decision to apply special proceedings must remain confidential.
What? 226. The deadline for applying special proceedings is required.
1. The deadline to apply for special proceedings is not more than 2 months from the date of the approval of the Academy of Corrects. Complex cases may be extended but not too long under the provisions of the Code.
2. As slow as 10 days before the expiration of the deadline to apply the special impeachment investigation, if you see a need to renew it, the Office of the Chief Executive has decided to apply for a document recommended by the Institute of Corrects. The extension.
What? 227. Using information, documents collected by a special legal investigation.
1. Information, documents collected by special legal proceedings are only used in the prosecution, investigation, prosecution, criminal trial; information, documents that are not related to the case must be destroyed in time.
Strictly prohibited using information, documentation, evidence to be collected on other purposes.
2. Information, documents obtained by applying special proceedings may be used as evidence to resolve the case.
3. The investigative agency has the responsibility to inform the outcome of the application of the special proceedings for the Institute of Corrects approved.
What? 228. Cancel the application of special proceedings.
The Institute for the Institute of Corrects approved the decision to apply the special treatment for special treatment to promptly cancel that decision when belonging to one of the cases:
1. There is a written offer by the Prime Minister of the Authority to be competent;
2. There is a breach in the process of applying special proceedings;
3. It is not necessary to continue to apply special proceedings.
SUSPEND THE INVESTIGATION AND END THE INVESTIGATION
What? 229. Suspend the investigation.
1. The investigative agency decided to suspend the investigation only when belonging to one of the cases:
a) When the body is not identified, or is not known where the can is, but the case has expired. The case does not know where the can is, the investigative agency must decide on a warrant before the parole of the investigation.
b) When there is a conclusion of the judicial examiner ' s determination to be found with mental illness or poor illness it may be temporarily suspended only before the expiration of the investigation;
c) When the referendum is determined, the asset valuation requirements, foreign requirements, are not yet effective but have expired the investigation. In this case, the examiner's valuation, the valuation of the property, continued to be carried out until results.
2. The case with multiple cases of cases where the suspended sentence is not related to all of the interference, it is possible to suspend the investigation into the defendant.
3. In the 02 day period from the date of the decision to suspend the inquiry, the Census Agency must submit this decision to the Institute of the same degree, the defendant, the healer or the agent of the defendant; inform the harm, the incumbent and the defender. Their advantage.
What? 230. Suspension of the investigation.
1. The investigative agency decided to suspend the investigation when belonging to one of the cases:
a) There is one of the specified bases at paragraph 2 Article 155 and Article 157 of this Code or has a stipulated base at Article 16 or Article 29 or paragraph 2 Article 91 of the Code of Compensation;
b) The deadline to investigate the case without proving the defendant committed the crime.
2. Decided to suspend the investigation of time, location of decision, reason, and the suspension of the investigation, the cancellation of the deterred, the coercated measure, the return of the document, the object that has been suspended (if any), the handling of the evidence and other matters. All right.
The case where the case is found to have multiple incidents that the base to suspend the investigation is not related to all of the interference, and may suspend the investigation into the defendant.
3. In the 15-day period since the date of the decision to suspend the investigation with the investigation of the investigation of the investigation, if the decision to suspend the investigation is based, the Institute has to return the case file to the Agency for the investigation. power; if the decision to suspend the investigation is not based, cancel the decision to suspend the investigation and ask the Agency to investigate the investigation; if you see enough grounds to prosecute, cancel the decision to suspend the investigation and determine the prosecution in time. The procedure, the procedure, is set in the Code.
What? 231. Wanted to be wanted.
1. When the person is involved or does not know where the body is found, the investigation must be determined by the authorities.
2. The wanted decision to clarify them names, dates, month, year of birth, the residence of the can of the defendant, traits for identification of the defendant, the crime that the defendant has been prosecuted and the contents prescribed at paragraph 2 Article 132 of this Code; accompanied by the affected image (if any).
The wanted warrants were sent to the Institute of Public Examination and public notice for everyone to find, arrest, arrest.
3. After the arrest of a wanted man, the coroner decides to make a wanted decision. The wanted decision was sent to the Institute of Public Examination and public notice.
What? 232. End of investigation
1. At the end of the investigation, the Census Agency must release the investigation conclusion.
2. The investigation ends when the investigation of the investigation concludes the investigation of the prosecution or the conclusion of the investigation and the decision to suspend the investigation.
3. The conclusion of the investigation of the date, month, year; the name, office and signature of the person concluded.
4. In the 02 day period from the date of the investigation of the investigation, the Census Authority must deliver a conclusion of the investigation recommending the prosecution or the conclusion of the investigation accompanying the decision to suspend the same case file to the Institute of the same level; the end of the results. The investigation recommended the prosecution or the decision to suspend the investigation to the defendant or the agent of the defendant; the conclusion of the investigation recommending the prosecution or the decision to suspend the investigation to the defense; informed the harm, the incumbent and the defender. And their legitimate interests.
What? 233. Conclusion of the investigation in case of a prosecution offer
In the case of the recommended prosecution, the investigation concludes the conduct of the offence; the evidence determines the offence of the defendant, the perpetrator, the motive, the purpose of the crime, the nature, the extent of the damage caused by the offence; the application, change. In exchange, the cancellation of deterred, coercated measures, mitigation, mitigation of criminal responsibility; the holding of the documents, the materials and the handling of the material, the cause and the conditions that lead to the crime and the crime. other conditions are significant for the case; the reason and the base recommended prosecution; charges, things, the point, point of the Criminal Code to be applied; the proposed comments are made. The case was settled.
The conclusion of the investigation must specify the date, month, year of conclusion; the name, office and signature of the person to the conclusion of the investigation.
What? 234. The conclusion of the investigation in the case of a suspension of the investigation
In the case of an investigation, the investigation concludes the investigation, the investigation, the reasoning, and the suspension of the investigation.
The conclusion of the investigation must specify the date, month, year of conclusion; the name, office and signature of the person to the conclusion of the investigation.
The decision to suspend the investigation specified the time, the decision-making site, the reason and the suspension of the investigation, the cancellation of the deterred, the coercated measure, the return of the document, the object was paused (if any), the handling of the evidence and other issues involved. Yeah.
1. When there is a reason to cancel the decision to suspend an investigation or a decision to suspend the inquiry, the Agency for the Inquiry Decides to reinstate the investigation, if not the end of the criminal responsibility.
If the investigation is suspended by regulation at paragraph 5 and paragraph 6 of Article 157 of the Code, which is unconserved by the defendant and the request of the investigation, the Agency of Investigation or the Institute of Police and the Institute of Examination jointly issued a decision to reinstate the investigation.
2. In the 02-day period since the decision of the decision to restore the investigation, the Agency must submit this decision to the Institute of the same degree, the defendant, the healer or the agent of the defendant; inform the harm, the incumbent and the defender. legal benefits.
Third part.
PROSECUTION
COMMON RULES
What? 236. The mission, the authority of the Institute of Examination for the practice of the right of prosecution during the prosecution phase
1. The decision to apply, change, cancel the deterred, the coercated measure; the request for the Agency to investigate the wanted warrants.
2. The agency, the organization, the individual provides documentation related to the case in case of necessity.
3. Direct conduct a number of investigative activities aimed at testing, suppleming documents, evidence to decide the prosecution or when the Court asks for additional investigation that does not need to pay the case to the Census.
4. The decision to prosecute, the decision to change, the decision to add the decision to prosecute the case, being involved in the case of the discovery of guilty behaviour, the other offender in the case has not yet been initiated, investigated.
5. The decision to pay the case to the Census Agency to request additional investigation.
6. Decision to separate, enter the case; transfer the case to prosecution under the jurisdiction, apply the withdrawal procedure, apply the cure for the cure.
7. A renewed decision, not to renew the prosecution deadline, the deadline for the application of deterred, coercated measures.
8. The prosecution decision.
9. Decided to suspend, suspend the case; decide the suspension, suspend the case against the defendant; decide to reinstate the case, decide to reinstate the case against the defendant.
10. Do the task, the other authority to decide the prosecution under the provisions of this Code.
What? 237. The mission, the authority of the Institute of Examination when checked in the prosecution phase
1. When checked in in the prosecution phase, the Institute of Examination has a mandate, jurisdiction:
a) An examination of the criminal proceedings of the participant's criminal proceedings; requests, agency petitions, organizations, individuals with the authority to take care of the proceedings of the law;
b) The organ petition, the useful organization that applies the defense of crime and violation of the law;
c) On the task, the other permissions to check in the pursuits to the provisions of this Code.
2. In the 10-day period since the date received request, the petition stipulated at the point a and point b paragraph 1 This, the agency, the organization, the competent individual has the responsibility to announce the implementation of the request, the petition to the Institute of Examination.
What? 238. Delivery, case filing and investigative conclusions.
1. When the Census Authority, the agency is tasked with conducting a number of case-file investigation activities accompanied by an investigation of the investigation of the prosecution and the evidence (if any), the Institute of Examination must examine and process as follows:
a) The case of the document in the case file, the attached object (if any) is complete compared to the document table, the evidence and the investigation conclusion that was delivered to the defendant or the agent of the can, receiving the case file;
b) The case of documents in the case file, the accompanying object (if any) is not sufficient compared to the document table, the evidence or the conclusion of the investigation that has not been delivered to the defendant or the agent of the defendant, has not received the case record and required the Agency to investigate, The agency is tasked with conducting a number of document-complementary investigation activities, the evidence; the request for delivery of the investigation concluded to the defendant or the agent of the defendant.
2. The delivery, filing of the case file and the conclusion of the investigation are compiled by regulation at Article 133 of this Code and include the case file.
1. The Institute of Emergency Inspection exercises the right to the right of prosecution and examination of the investigation, the Institute of Examination determines the prosecution. The prosecution's prosecution authority is determined by the Court's jurisdiction over the case.
The case was not under its prosecution jurisdiction, the Institute of Examination decided to move the case to the competent Institute of Examination. The transfer of the case to the Institute for Outdoor Examination, the central city or outside of the military area provided by the Provincial People's Control Institute, the Military Police Department of Military Control of the Military District.
For the case conducted by the Institute for Public Health Control and Examination Examination, the Institute of Examination decided on the prosecution. At the delay of 2 months before the end of the investigation, the Institute for Subordinate Examination must inform the Institute of Subordinate Examination with the Court with the jurisdiction of the trial of the case to send the Examine to participate in the case of the case. Immediately after the decision to prosecute, the Institute of Examination issued a resolution decision to the Institute for Subordinate Examination in the law enforcement and examination of the trial; after receiving the case file accompanying the indictment, the Under-Level Control Institute had the authority to practice. the right to the right of justice and to take a trial under the rules of this Code.
2. In the 3-day period since the decision of the decision to transfer the case, the Institute of Examination must inform the Agency for the end of investigation of the case, the defendant or the agent of the defendant, the plea, the harm, the other participant.
The assignment, sending the case file attached to the indictment is made in accordance with the provisions at paragraph 2 Article 240 of this Code. In this case, the prosecution deadline is calculated from the date of the examination where the prosecution authority received the case file.
What? 240. The deadline to determine the prosecution
1. In a 20-day period for less severe crime and serious crime, 30 days for very serious crime and serious crimes since the date of the case of the case and the investigation concluded, the Institute of Examination Must one of the charges. decision:
a) Access to the Court;
b) Pay the case to request additional investigation;
c) Suspend or suspend the case only; suspend or suspend the case against the defendant.
In case of need, the Institute of Corrects can extend the deadline to decide the prosecution decision but no more than 10 days for less severe crime and serious crime, no more than 15 days for very serious crime, no more than 30 days of opposition. With a serious crime.
2. In a 3-day period from the date of one of the decision-making decisions at 1 Article, the Institute of Examination Must Inform the defendant, the person of the cure, or the agent of the defendant, who is harmed by the need for an additional investigation. or the agent of the defendant and sent to the Agency for the investigation, the person who defended the indictment, decided to suspend the case or decided to suspend the case, decided to suspend the case against the defendant or decide to suspend the case against the defendant; the report was issued. to be harmed, and to defend their rights, and to their legitimate interests.
The delivery, the receiving of the above documents is compiled by provisions at the Executive 133 of this Code and put into the case file.
In the case of a complex case, the deadline for delivery of the indictment, the decision to suspend the case or the decision to suspend the case for the defendant or the agent of the can, may last but no more than 10 days.
3. The decision states at paragraph 1 This must be sent immediately to the Institute for Superior Examination. The Institute of the Institute for Superior Examination has the right to withdraw, suspend, cancel those decisions if there is no base or law of law and ask the Institute for a degree to be legally decided.
What? 241. Applying, changing, rescinking deterred, coercated measure
After receiving the case file and the investigation conclusion, the Institute of Examination has the power to decide to apply, change, cancel the deterred, the statutory coerceny of the Code.
The statute of limitations in the prosecution period is not too long specified in paragraph 1 Article 240 of this Code.
What? 242. Enter or split the case in the prosecution phase
1. The probation institute decided to enter the case when belonging to one of the cases:
a) being guilty of many sins;
b) To be found guilty repeatedly;
c) Many of the people who are involved with a crime or with the defendant have other people covering crime or not denouncing crimes, consuming property due to being convicted of the crime.
2. The probation institute decided to separate the case when belonging to one of the following cases if the separation did not affect the identification of objectiation, comprehensive and had a decision to suspend the case against the defendant:
a) To be cast away;
b) Be found guilty of poverty;
c) The defendant is applied to the treatment of a cure.
THE PROSECUTION IS DETERMINED TO BE PROSECUTED.
What? 243. Resolve to be prosecuted
The inspection team decided to prosecute the prosecution in front of the Court by the indictment.
The indictment specifies the conduct of the offense; the evidence determines the offense of the defendant, the perpetrator, the motive, the purpose of committing crimes, properties, the extent of the damage caused by the offence; the application, the change, the destruction of the deterred, the measure. Coercated legislation; severe increases in the circumstances, mitigation of criminal responsibility, character traits of the defendant; the capture, temporary retention of documents, materials, and handling of the evidence; the cause and conditions that lead to criminal acts and other conditions are meaningful to the public. The case.
The conclusion of the indictment is clear on charges and terms, paragraph, point of the Criminal Code to be applied.
The indictment must specify the date, month, year of the indictment; they name, the office and the signature of the indictment.
What? 244. Transfer case file and indictment to Court
In the 3-day period since the date of the indictment, the Institute of Police must transfer the case file and the indictment to the Court. In the case of complex cases, the deadline for the transfer of the case and the indictment to the Court may last but not more than 10 days.
The case of the case with the arrest was suspended before the expiration of the 7-day period, and the Institute for Examination Informed The Court for review, deciding that the detention was committed when the case was received.
What? 245. Return case files for additional investigation
1. The probation institute decided to pay the case file, ask the Agency to investigate the additional investigation when belonging to one of the cases:
a) There is also a lack of evidence to prove one of the regulatory issues at Article 85 of this Code that the Institute of Censorship cannot be complemable;
b) There is a prosecution base being involved with one or more of the other offences;
c) There are other co-offenders or offenders in connection with the case but have not yet been involved in the prosecution;
d) There is a serious breach of proceedings.
2. The decision to pay the case to request additional investigation must specify the issue of the additional investigation specified at 1 Article and the specified content at 2 Article 132 of this Code.
3. The investigative agency is responsible for fully implementing the requirements stated in the decision to pay the case of the examination of the examination of the Examination Institute; the case for the inpossibility or the objectivation of objectivation must not be made to specify a degree. Copy.
At the end of the additional investigation, the Agency for the investigation must have an additional investigative report. An additional investigation concludes the results of the additional investigation, the decision to resolve the case. If the additional investigation results changes the underlying conclusion of the investigation, the Census Agency has to release a new investigative report instead.
The transfer of the case file is accompanied by additional investigation conclusions to the Institute of Examination; the delivery, receiving, sending the additional investigation into the additional investigation is carried out under the regulation at Article 232 and Article 238 of this Code.
What? 246. Resolution requesting additional investigation by the Tribunal.
In case the Court decided to pay the case file request for additional investigation, the Institute of Examination must consider the base of the request for additional investigation and resolve as follows:
1. If the decision to pay the case of an additional inquiry is based on the base that it does not need to pay the case to the Census, the Institute of Direct Control conducted some investigation activities to supplement the document, the evidence; the hospital was unable to commit suicide. The additional investigation is that the Institute of Corrects decides to pay the case to investigate the addition and transfer the investigation into the investigation into the investigation.
In case the additional investigation results alter the underlying indictment of the previous indictment, the Institute of Examination has to release the new indictment instead and transfer the case to the Court. The case of the additional investigation resulted in the suspension of the case, the Institute of Examination decided to suspend the case and inform the Court of inquiry;
2. If the decision to pay the case request an additional investigation is not based, the Institute for the Control has a written statement stating the reason, holding the decision to prosecute and retransfer the case to the Court.
What? 247. Temporary suspension of the case.
1. The probation institute decided to suspend the case in the cases:
a) When there is a conclusion of the judicial examiner ' s decision to be identified with a mental illness or a poor illness it is possible to suspend the case before the expiration of the prosecution decision time;
b) When the person is tried to escape without knowing where the can is, but the deadline has expired; in this case, the Wanted Inquiry is required before the execution is suspended. The wanted warrants were carried out by regulation at Article 231 of this Code;
c) When the referendum is set, ask for a valuation of assets, which requires foreign to be legally compatible without results but has expired but the deadline has expired. In this case, the examiner's valuation, the valuation of the property, continued to proceed until the outcome.
2. The decision to suspend the case must specify the reason, the grounds of the suspension of the case, other matters relevant and the stipulated content at paragraph 2 Article 132 of this Code.
The case where the case was found to have been the case for a temporary suspension of the case was not linked to all of the cases, and suspended the case against the defendant.
What? 248. Suspension of the case.
1. The probation institute decided not to prosecute and decision to suspend the case when one of the bases stipulated at paragraph 2 Article 155 and Article 157 of this Code or has a stipulated case at Article 16 or Article 29 or paragraph 2 Article 91 of the Code. A criminal.
2. The decision to suspend the case must record the reason and the suspension of the case, the cancellation of the deterred, the coercated measure, the handling of the evidence, the document, the object that has been suspended (if any), other matters involved and the specified content at paragraph 2. 132 of this Code.
The case where the case was found to have multiple incidents that the suspension of the case was not related to all of the defendants, the decision to suspend the case against each was found.
What? 249. Restoration of the case.
1. When there is a reason to cancel the decision to suspend the case or decide to suspend the case, the Institute of Examination decides to reinstate the case if it is not the end of the criminal accountability. If the case is suspended by regulation at paragraph 5 and paragraph 6 of Article 157 of the Code that the defendant disagrees and requests to reinstate the case, the Institute for the examination decides to reinstate the case. It can be restored to the entire case or recovery of the case against the defendant.
2. The decision to reinstate the case must specify the reason and the grounds to recover the case, other matters relevant and the stipulated content at the 2 Article 132 of this Code.
3. In the 3-day period since the decision date, the Institute of Examination must commit a decision to restore the case or decide to restore the case to the defendant for the defendant or the agent of the defendant; to the agency that ended the investigation, the defense; informed of the harm, the incumbent, the defender of the rights and of their legitimate interests.
The delivery, the decision to reinstate the case, decided to restore the case to the defendant to be set up and put in the case file.
4. The deadline to decide the prosecution for the restoration of the case is calculated according to the general procedure prescribed by the Code since the date of the examination of the decision to reinstate the case.
5. When restoring the case, the Institute of Examination has the right to apply, change, cancel the deterred measure, the statutory coerentive measure of this Code.
The case is based on the rules of the law, which is required to hold a detention deadline to recover the case not too long overdue for the prosecution's decision.
The fourth part.
CRIMINAL TRIAL
COMMON RULES
What? 250. Direct trial, verbal and continuous
1. The trial is conducted by word.
The trial council must directly identify the circumstances of the case by asking, hearing the opinions of the accused, the defendant, the incumbent or their agent, the witness, the examiner, the other participant in the trial of the Court convened; review, check the case. Document, the evidence has been collected; published documents, documents, and other proceedings to test the evidence; listen to the opinion of the prosecutor, the defense, the defender of the right, and the legitimate interests of the harm.
2. The trial is conducted continuously, except for the time of rest and the time of the trial.
1. The trial can be suspended when belonging to one of the cases:
a) Need to be verified, collected, replenelate evidence, documents, objects that are not possible at the trial and can be done in the 5-day period, since the day of the trial;
b) Due to the health condition, the adverse event or the objective impede that the person with the authority to conduct proceedings or the litigation participant cannot continue to attend the trial but they may rejoin the trial in the 05-day period, since the trial. The day of the trial;
c) In the presence of the Secretary of the Court at the trial.
2. The suspended trial of the trial must be written to the trial and inform the participants of the proceedings. The deadline for the trial is not over 5 days from the date of the decision to suspend the trial. At the end of the trial, the trial continues. The case cannot resume the trial, but the trial must be postponed.
What? 252. The court verified, collected, supplemated evidence.
The court conducted the verification, gathering, supplematuation of evidence by activities:
1. Take on the evidence, document, items related to the case due to the agency, the organization, the individual provided;
2. The agency, the organization, the individual delivers the document, the item in relation to the case;
3. Consider at where the evidence cannot be taken to the trial;
4. Consider at the site where crime or other locations have been linked to the case;
5. The specified bridge, which requires the valuation of assets beyond the required cases required by the referendum, requires the valuation of the specified property at Article 206 and Article 215 of this Code; the additional monitoring referendum, resettlement; the valuation of the property;
6. The Court case has asked the Institute to replenel the evidence but the Institute of Appeal does not complement the Court can proceed with verification, gathering documents, evidence to resolve the case.
What? 253. Take over the evidence, documents, objects associated with the case.
1. When the agency, the organization, the individual who provides evidence, documents, objects associated with the case, the judge presiding over the court must take over and may ask the person who has provided about the issues associated with the evidence, the document, that object. The reception was compiled.
2. Shortly after receiving evidence, documents, agencies, organizations, individuals, and the Court must be transferred to the Institute for the same level. For the 3-day period since the date of the receiving of evidence, documents, objects, the Institute of Examination must review and repass to the Court to put into the case file.
What? 254. As part of the jury.
1. The jury trial consists of a judge and two Judges. In the case of serious, complex cases, the Court of Arbitration may consist of two Judges and three Judges.
For the case with the accused, the Code of Criminal Code stipulated that the highest level of the penalty was a prison sentence, the death trial of the two judges and three judges.
2. The appellate jury of three judges.
What? 255. The decision to take the case to trial.
1. The decision to take the case to a clear profile execution:
And the day, in the month, the year made a decision; the name of the Court made a decision; now, the day, the month, the year, the opening of the trial;
b) for judgment or secret judgment;
c) They name, day, month, year of birth, birthplace, profession, residence of the accused;
d) Crime and point, paragraph, article of the Criminal Code that the Institute of Criminal Prosecceny to the defendant;
They name the judge, the jury, the Court clerk; they name the defective Judge, the Disability Jury, the Contracting Court Clerk (if any);
e) The name of the prosecutor who exercises the right to the prosecution, which checks the trial at the trial; they name the Defect Examination (if any);
g) They name the defense (if any);
h) They name the translator (if any);
i) The names of others are summoned to the trial;
) The witness needs to make a review at the trial.
2. The decision to take the appellate trial clearly specifies the regulation content at points a, b, e, g, h, i and k paragraph 1 This is; the charges and penalties that the Court granted the jury have decided; they name the appeal, the accused, who is appealed; the Institute of Appeals. Appeals to the appeal; they name the Judge, the Court Secretary; they name the defective Judge, the Disability Court Secretary (if any).
1. Everyone entering the courtroom has to wear a serious dress, which accepts the security inspection and execution of the right guidelines of the Secretary of the Court.
2. Everyone in the courtroom has to respect the Board of Arbitration, keep order and follow the executive order of the presiding judge.
3. People in the courtroom have to stand up when the Council is on trial in the courtroom and when sentencing. The defendant must stand when the prosecutor announced the indictment or the prosecution decision. The person who is summoned by the Court to the trial wants to present the opinion that must be agreed by the court; the person who presents the opinion must stand when presenting the opinion, when asked.
People for health reasons may be presiding over the trial.
4. At the trial, the defendant is being held in custody with only contact with the defense. Contact with the others must be authorized by the court.
5. People under the age of 16 are not allowed to enter the courtroom, unless the case is summoned by the Court to the trial.
1. The courtroom has to be deployed to show the seriousness, safety, guarantee the equality between the person who practice the prosecution of the prosecution and the lawyer, the other healer.
2. Chief Justice of the Supreme People ' s Court rules out the details of this.
1. The trial of the trial must be clear now, the date, month, year, opening of the trial and all the events at the trial from the beginning until the end of the trial. Along with the record, it is possible to record or record the sound of the trial.
2. Questions, answers, presentations and decisions at the trial are all written.
3. Shortly after the end of the trial, the presiding judge must inspect the border and together with the Secretary of the Court sign it.
4. After presiding over the trial and the Secretary of the Court to sign the trial, the police officer, the accused, the defender, the defendant, the defender of the rights and the legitimate interests of the harm, the incumbent or the representation of those persons is considered to compile the trial. If a person is required to write the modifications, add to the trial of the trial, the Court Secretary must write the amendment, which is added to the transcript of the trial. Not to be removed, direct repair is required to write a change, the next addition to the end of the trial and the same presiding judge; if the presiding court does not accept the request, you must specify the reason and write to the hearing.
What? 259. The border of the resolution.
1. When the resolution must be set up.
The protocol must be signed by all members of the Council of the Court before the sentencing.
2. The resolution of the preliminary trial of the jury must be clear:
) Now, the day, the month, the year of the border, the name of the judgment court;
b) They are called Judges, Judges;
c) The case was put on trial;
d) The voting results of the Council on each issue discussed regulation at paragraph 3 Article 326 of this Code, other opinions (if any).
3. The Parliamentary Record of the Court of Appeal must specify points a, c and d paragraph 2 This and they name the Judges.
1. The Court released the sentence on behalf of the Socialist Republic of Vietnam.
The sentence must have the signature of all the jury members.
2. The preliminary sentence must specify:
a) The name of the Court of Trial; the number and date of the sentence; the number of sentences and sentences of sentencing; the names of the members of the jury, the Clerk, the Examination; the name, the date, the month, year of birth, the birth, the occupation, the profession, the culture, the people, The convictions, the money of the accused; the date of the defendant's arrest, detention; the name, age, profession, the birthplace, the residence of the accused, the name of the accused, the witness, the judge, the examiner, the valuation man, the translator, the translator. And the others were called by the Court for trial; their name, age, occupation, the residence of the harm, the incumbent, the representative. Of them; the number, the days, the month, the year of the decision to give the case to trial; to execute judgment or for a secret trial; the time and the time of the trial;
b) The number, date, month, year of the indictment or the prosecution decision; the name of the Institute for the examination; the behavior of the accused in the name of the defendants in which the Institute examined the prosecution; charges, points, paragraph, provisions of the Criminal Code and the penalty level, additional penalties, judicial measure law, the responsibility for damages the damage to the Institute for Applicable Damages to the defendant; the trial of the evidence;
c) The opinion of the defense, the harm, the other, the other participant in the trial is convened by the Court;
d) The review of the trial council must analyze the evidence that is guilty, the evidence is not guilty, determine whether the accused is guilty or not, and if the defendant is guilty of a crime, by the point, the paragraph, which of the Code of Criminal Code and of the deed of the law. The other law is applied, the situation is increased, the situation reduces the criminal responsibility and needs to be dealt with. If the defendant is not guilty, the sentence must clear the grounds that the accused are not guilty and the settlement of the restoration of honor, rights and their legitimate interests in accordance with the rule of law;
Analysis of the reason for which the Board does not accept the charges of impeachment, the evidence of the impeachment, the request, the request of the Examination, the accused, the defense, the harm, the person, and the representative, the defender of the rights and the legitimate interests of their rights;
e) Analysis of the legalization of the conduct, determination of the proceedings of the Investigation of the Investigation, the Auditee, the defense during the investigation, the prosecution, the trial;
g) The decision of the Court to examine every issue must be resolved in the case, on the charges and the right to appeal to the verdict. The decision must be made immediately.
3. The appellate sentence must be written:
a) The name of the Court of Appeal; the number and date of the sentence; the number of sentences and sentences of sentencing; the names of the members of the jury, the Clerk, the Examination; the name, the date, the month, the birth, the birth, the residence, the residence, the profession, the culture, the people, The criminal charges, the convictions of the accused, were appealed, appealed, and the accused are not appealed, unappealed, unappealed, but the Court of Appeal is reviewed; the date of the accused is suspended, detention; the name, age, profession, the birthplace, The residence of the representative of the accused; the name of the defense, the examiner, the translator and the others being consulted by the Court. The trial, the name of the trial, the age, the occupation, the residence, the address of the harm, the name of the house, and the name of the house of the examination, the name of the house of the examination;
b) Summary of the case, the decision in the preliminary sentence; the appeals content, the appeal; the identification of the Court of Appeal, the grounds to accept or not accept appeal, protest; point, paragraph, article of the Criminal Code and of the office. The other law of law, the Council of Appeals for the Court of Appeals for the resolution of the case;
c) The decision of the Court of Appeals for every issue must be resolved in the case due to an appeal, appeal, for the case of negligence, appellate.
What? 261. Correction, copyright plugin
1. Not to be repaired, the addition of the case unless the detection case has a clear error on the description, the data due to the confusion or due to the miscalculation.
The repairs, the addition of the sentence, were not changed to the case or disadvantage to the defendant and other litigants.
The amendment, the addition of the sentence is expressed in writing and delivered directly to those prescribed at Article 262 of this Code.
2. The amendment, the addition of the prescribed sentence at paragraph 1 Article by the judge presiding over the trial, decided to do so. The case of the presiding judge was unable to do so, and the amendment was made by the Chief Justice of the Court for the trial.
What? 262. Delivery, dispatch.
1. In the 10-day period since the day of sentencing, the Court of Appeals must deliver the sentence to the accused, harmed, the Institute of the same degree, the defense; sent the sentence to the accused trial in the absence of regulation at point 2 Section 290 of this Code, the Institute of Control. Directly above, the Agency for the Same Level, the body of the criminal execution body, the detention facility, the detention facility, the detention facility is accused; written in written documents to the township, ward, town where the defendant resides or the agency, the organization where the accused is. work, study; copy a copy of the sentence or extract the verdict on the relevant sections for the person or their agent.
The case of absentinology charges prescribed at the point a or point 2 Article 290 of this Code is that in the deadline, the sentence must be listed at the headquarters of the People ' s Commission, the ward, the town where the final residence or agency, the organization. work, the last study of the accused.
The court granted a sentence for the body of a civil court to have jurisdiction in the case of a preliminary sentence of a declaration of fines, confiscation of property and civil decision by the provisions of the Law of Civil Action.
2. In the 10-day period since the day of sentencing or since the decision date, the Court of Appeal must submit a sentence or an appellate decision to the Institute of the same degree; the body of criminal execution body; the Inquisition, the Institute of Police, the Court. Trial of the trial; the detention facility, the detention facility, the accused, the accuser, who has the right to gain, the obligation concerning the appeal, the appeal, or their agent; the body execs of the civil court with authority in the case of a sentence. The Court of Appeal has a declaration of fines, confiscation of property and civil decision; written notice to the township government, ward, town of residence. or the agency, the organization of the workplace, the learning of the accused. In the case of the High Court of Appeal, this term may last but not more than 25 days.
What? 263. Session at the trial
1. The case of the accused, the defendant, the person who does not know Vietnamese, is the mute, the deafness the translator must translate for them, understand the presentation, the questions, the answer at the trial, the decision content of the jury and the jury. Other issues are related to them.
2. The translator must translate the presentation, the question, the answers of the people who stipulate at this 1 Article to the Assembly for the trial and the other to join the hearing.
What? 264. The petition to repair shortcomings, infringes in management work
1. Together with the sentence of the sentence, the Court issued a petition, the right institution that applies the measure necessary to rectify the cause and the conditions of the crime of crime in the agencies, the organization. In the 30-day period since the day of receiving the petition of the Court, the organization, the organization received the petition to inform the Court of knowledge of the measures applied.
2. The Court ' s petition can be read at the trial along with the verdict or just submit it to the agency, the related organization.
What? 265. The agency petition has the authority to review, process legal text.
During the trial of the criminal case, the Court found and petits the authorities to review the amendment, supplement or cancel the legal text contrary to the Constitution, the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly. ensuring the legal rights and interests of the agency, the organization, the individual.
The review, responding to the Court on the results of the proposed legal document, was carried out by the law.
What? 266. The mission, the authority of the Institute of Examination when practicing the right of prosecution in the trial period
1. When practicing the right of prosecution during the preliminary trial period, the Institute of Examination has a mandate, jurisdiction:
a) Announcing the indictment, the publication of the decision to prosecute according to the withdrawal procedure, another decision on the impeachment of the defendant at the trial;
Ask, and consider the witness, and consider in place.
c) The impeachment, debate, partial withdrawal or whole of the prosecution decision; the conclusion of other crimes equal or lighter; the statement of the examination of the examination institute on the settlement of the case at the trial;
d) Appeal of the verdict, the Court ' s decision in the case of a false, false, wronged criminal, the offender;
Execute the task, the other permissions on the exercise of the right of the work in accordance with the provisions of this Code.
2. When practicing the right of prosecution during the appellate trial period, the Institute of Examination has a mandate, jurisdiction:
a) The presentation of the appeal content, the protest;
b) Add new evidence;
c) Additional, change of protest; withdrawal of part or entire protest;
Ask him, and consider the witness, and look at the place.
Statement of the examination of the examination institute on the settlement of the case at the trial, session;
e) arguing with the accused, the defense, the other participant in the trial;
g) Do the task, the other authority on the exercise of the right to the right of the work in the process of a blessing in accordance with the provisions of this Code.
What? 267. The mission, the jurisdiction of the Institute for the inspection of the test.
1. Check out the compliance of the law in the trial of the criminal case of the Court.
2. Check out the compliance of the law of the participant; the request, the agency petition, the organization has the authority to handle the seriousness of the participants in violation of the law.
3. Check out the verdict, the decision, the other proceedings of the Court.
4. Ask the Court to the same level, level under the criminal case file to review, decide on the appeal.
5. Appeal of the verdict, the Court ' s decision has a serious violation of the legal proceedings.
6. The petition, which requires the Court, the agency, the organization, the individual to carry out the proceedings under the provisions of this Code; the Court petition corrects violations in the proceedings.
7. The agency ' s agency, the useful organization, applies the measure of crime and violates the law in management.
8. Do the right to request, petition, duty, other powers upon examination of the criminal case under the provisions of this Code.
TRIAL REVIEW
Item I
THE JURISDICTION OF THE COURTS
What? 268. Court Court of Justice.
1. The District People ' s Court and the Military Court of the Regional Military Court examine criminal cases of misdemeanor crimes, serious crimes and a very serious crime, except for the offences:
a) The crimes of national security;
b) Crimes of peace, anti-human and war crimes;
c) The charges specified in Articles 123, 125, 126, 227, 277, 278, 279, 280, 282, 284, 284, 288, 288, 337, 369, 369, 370, 371, 399 and 400 of the Criminal Code;
d) The crimes committed outside the territory of the Socialist Republic of Vietnam.
2. The Provincial People ' s Court and the Military Tribunal grant the preliminary trial of the cases:
a) The criminal case of non-jurisdiction offences by the District Court of the District of the District and the Regional Military Tribunal;
b) The criminal case has been accused, harmed, contemporary abroad or property related to the case abroad;
c) The criminal case of the trial authority of the District People ' s Court and the Regional Military Tribunal but there are many complex situations that are difficult to evaluate, unified on the nature of the case or involving multiple levels, multiple disciplines; the case that the defendant is Judge, Control. Assassins, investigators, key leadership officers in the huts, towns, towns, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, and people.
What? 269. Jurisdiction over territory
1. The court has the jurisdiction to judge the criminal case as the Court where the crime is made. The case of crime is carried out in many different places or does not determine where crime is committed, the Court has jurisdiction over the Court where the investigation ends.
2. The defendant is found guilty in foreign countries if the trial in Vietnam is the provincial People's Court where the final residence of the accused is in the state of trial. If it is not determined that the last residence in the country of the accused is arbitrary, the Chief Justice of the Supreme Court of the People's Court decides to hand it to the People's Court of Hanoi or the People's Court of Ho Chi Minh City or the People's Court. Nang tried.
Accused of being found guilty abroad if he was under the jurisdiction of the Military Tribunal, the Military Court granted the military court to the decision of the Chief Justice of the Central Military Tribunal.
What? 270. The criminal trial authority occurred on board the flying boat, the sea ship of the Socialist Republic of Vietnam which is operating outside of airspace or outside of Vietnam ' s territorial waters.
The crime occurred on the flying boat or sea ship of the Socialist Republic of Vietnam which is operating outside of airspace or outside of Vietnam ' s territorial authority under the trial of the Vietnam Court where the airport or harbour returns first or where it is located. Carrier, that ship is registered.
What? 271. The trial is charged with multiple counts under the jurisdiction of other Courts.
When convicted of multiple crimes, including a criminal jurisdiction of the Court Superior Court, the Court granted the court a full trial.
What? 272. The trial authority of the Military Court.
1. Military Court has jurisdiction over trial:
a) The criminal case that the defendant is military personnel, civil service, workers, defense officials, reserve personnel during training or examination of combat readiness; militia, self-defense during training or coordination. belonging to the People 's Army in combat, serving combat; citizens are dynamitated, displayed or contracts to serve in the People' s Army;
b) The criminal case that the accused is not subject to the prescribed object at the point of paragraph 1 This relates to military secrecy or damage to life, health, honor, personnel of the army, civil service, workers, defense officials, and military officials. Reserve during training or inspection of combat readiness or damage to property, honor, prestige of the People's Army or committing crimes in military barracks or military areas administered by the People's Army, protection.
2. The military court has the authority to judge all the crimes that occur in the jurisdiction of the martial law.
What? 273. The trial is charged with multiple counts under the jurisdiction of the People ' s Court and Military Court.
When the case has just been accused or convicted of a trial by the Military Tribunal, both defendants or criminals under the jurisdiction of the Court of the People's Court, the trial authority is carried out:
1. The case may separate the case, the Military Tribunal judges the defendants and criminals under the trial jurisdiction of the Military Tribunal; the Court of People judges the defendants and criminals under the jurisdiction of the Court of the People;
2. The case cannot separate the case then the Military Court judges the entire case.
What? 274. Transferring the case to trial.
1. When the case is not under his trial, the Court pays the case file to the Chartered Institute that has prosecuted to move to the Institute for Prosecentiation Authority.
In the 3-day period since the date of the return of the case file, the Institute of Examination has required a decision to transfer the case file to the Institute for the examination of the prosecution to address the jurisdiction. The transfer of the case to the outside of the province, the central city or outside of the area of the Military Region, is in accordance with the provisions of Article 239 of this Code.
When the case is still under the jurisdiction of the Court's trial, the Institute of Appeals for the Court passed the case to the Court with the document stating that it was clear; if the court found that the case was not subject to his trial, it was not. to resolve the dispute over the course of accordance with the Act 275. The inspection institute must follow the decision of the Court with jurisdiction.
2. The statute of limitations and the application of containment measures is carried out by regulation at Article 240 and Article 241 of this Code.
What? 275. Resolve the dispute over the trial authority.
1. The settlement of the dispute over the trial of the trial between the District Court of the District in the same province, the central city of the district, between the Regional Military Courts in the same district by the Chief Justice of the People ' s Court, Chief Justice of the Military Tribunal. The military level of the decision.
2. The settlement of the dispute over the trial of the trial between the District Court of the District of the District, the central city of various departments, between the Regional Military Courts of the various military districts led by the Chief Justice of the People's Court, the Chief Justice. The military court granted the military to the end of the investigation.
3. The settlement of the dispute over the trial of the trial between the Provincial People's Courts, between the military courts of the military district by the Chief Justice of the Supreme People's Court, the Chief Justice of the Central Military Court decided.
4. The settlement of the dispute over the trial of judgment between the People 's Court and the Military Tribunal by the Chief Justice of the Supreme People' s Court.
The transfer of the case to trial under the jurisdiction is made as prescribed at Article 274 of this Code.
Section II
PREPARE FOR TRIAL
What? 276. Receiving case files, indictment and case receptors.
1. When the Institute of Examination of the indictment of the indictment, case file and accompanying matter (if any), the Court must examine and process:
a) The case of the document in the case file, the attached object (if any) is complete compared to the document table, the evidence and the indictment that was assigned to the defendant or the agent of the can, receiving the case file;
b) The case of documents in the case file, the accompanying object (if any) is not enough compared to the document table, the evidence or the indictment that has not been delivered to the defendant or the agent of the defendant, has not received the case file and required the additional examination of the hospital. Whether or not, the witness, the witness, the indictment of the defendant, or the agent of the defendant.
2. The delivery, filing of the case file and the indictment are set by the prescribed code at Article 133 of this Code and put into the case file.
Shortly after receiving the case file with the indictment, the Court was required to take the case. In the 3-day period since the day of the trial, the Chief Justice of the Court shall be assigned to the presiding judge of the trial.
What? 277. Time to prepare for trial
1. In a 30-day period for less severe crime, 45 days for serious crime, 2 months for a very serious crime, 3 months for serious crimes since the day of the sentencing, the judge presiding over the trial must be released. one of the decisions:
a) to take the case to trial;
b) Pay the case to request additional investigation;
c) suspend the case or suspend the case.
For the complex case, the Chief Justice of the Court may decide to renew the trial of the trial but not more than 15 days for less severe crime and serious crime, no more than 30 days for very serious crime and serious criminal charges. Oh, The extension of the trial deadline must be notified immediately to the Institute of the same level.
2. For the case to be returned to request an additional investigation, in the 15-day period since the date of the adoption of the case, Judge presiding over the trial must make a decision to bring the case to trial. In case of case restoration, the statute of limitations is subject to the general procedure prescribed by the Ministry of Law since the day the Court decided to reinstate the case.
3. In the 15-day period since the day of the decision to take the case to trial, the Court must open the trial; in case of inpossibility or due to objective obstacles the Court may open the trial for a period of 30 days.
What? 278. Applying, changing, rescinking deterred, coercated measure
1. After the trial of the case, the presiding judge decided to apply, change, rescinve the deterred, the coercated measure, except the application, the change, the cancellation of the detention measure by the Chief Justice, the Deputy Chief Justice of the Court decided.
2. The detention deadline to prepare for a trial is not too long for a prescribed trial at paragraph 1 Article 277 of this Code.
3. For the defendant who is in custody until the opening day of the detention period, if the trial is taken to complete the trial, the Council shall be suspended until the end of the trial.
What? 279. Addressing the request before opening the trial.
1. Before opening the trial, the presiding judge must address the requirements, the suggestion:
a) The request of the prosecutor, who is involved in the provision of the provision, supplements the evidence; summons the witness, who has the authority to conduct proceedings, the other litigwoman to the trial; on the change of member of the jury, the Secretary of State. The court.
b) The suggestion of the defendant or the representative of the accused, the defense of the change, rescints the deterred, the coercated measure;
c) The Request of the Examination, the participant of the proceedings for the trial of the custom procedure, the public trial, or the closed trial;
d) The offer of the participant proceedings on the absence of the trial.
2. If you see the request, the proposal is based, the judge presiding over the trial of the ruling by the authority or informed the authority to settle in accordance with the provisions of this Code and inform the person who requested, the request to know; if not accepted, notify them by text stating the reason.
What? 280. Return a case to an additional investigation
1. The presiding judge ruled the decision to pay the case to the examination institute for additional investigation when belonging to one of the cases:
a) When the lack of evidence is used to prove one of the specified issues at Article 85 of this Code that cannot be added at the trial;
b) There is grounds that in addition to the behavior that the Institute of Examination Has Prosecuted, the defendant performs other acts that the Code of Regulation is criminal;
c) There is grounds that there are other co-offenders or other people who carry out the behavior that the Code of Regulation is a crime in connection with the case but has not yet been charged with the case, the onset of the defendant.
d) The prosecution, the investigation, the prosecution of serious violations of the proceedings.
2. The Case of the Examination Institute has a base to pay the case for additional investigation, the Court of Appeal has the document to recommend the Court to pay the case.
3. The decision to pay the case for additional investigation must clear the additional problems that require additional investigation and send it to the Institute of Police with a case file on a 3-day period since the decision date.
If the additional investigation results in the suspension of the case, the Institute of Examination decided to suspend the case and inform the Court on a 3-day period since the decision date.
If the additional investigation results led to a change in the prosecution decision, the Board of Examination Issued the new indictment replaced the earlier indictment.
The law enforcement case does not add to the problems that the Court requires and remains to be upheld by the Court to conduct the case.
What? 281. Temporary suspension of the case.
1. The presiding judge ruled the court decision to suspend the case when belonging to one of the cases:
a) There is a specified base at the b point and point of paragraph 1 Article 229 of this Code;
b) Do not know how to be involved, where the defendant is at the expiration of the trial deadline; this case must require the Agency to determine the trial of the defendant, the defendant before the suspension of the case. The defendant ' s wanted, the defendant was carried out according to regulation at Article 231 of this Code;
c) Wait for the results of the legal text that the Court petits.
2. The case where the case was multiple, the defendant, whose base was not linked to all of the interference, was reported to be able to suspend the case against the defendant, the defendant.
3. The decision to suspend the case must specify the reason for a suspended sentence and the specified content at the 2 Article 132 of this Code.
What? 282. Suspension of the case.
1. Judges presiding over the decision to suspend the case when belonging to one of the cases:
a) There is one of the bases specified at paragraph 2 Article 155 or points 3, 4, 5, 6 and 7 Article 157 of this Code;
b) The Institute of Control withdrew all the prosecution decision before opening the trial.
The case where the case was multiple, the defendant in which the base to suspend the case was not related to all of the alleged interference, the defendant may suspend the case against the defendant, the defendant.
2. The decision to suspend the case must record the reason for suspension and regulatory content at paragraph 2 Article 132 of this Code.
What? 283. Restoration of the case.
1. When there is a reason to cancel the decision to suspend the case or there is a reason to cancel the suspension of the case if it is not over the criminal responsibility for criminal responsibility, the judge has decided to suspend the case, decide the suspension of the case. decided to reinstate the case.
When the judge decided to suspend, the decision to suspend the case was not possible, the Chief Justice decided to recover.
2. The suspension of the suspension, suspension for each one of the defendant, was accused of the decision to reinstate the case against the defendant, the defendant.
3. The decision to reinstate the case must specify the reason for the restoration of the case and the specified content at paragraph 2 Article 132 of this Code.
4. When restoring the case, the Court has the right to apply, change, cancel the deterred measure, the statutory coerentive measure of this Code.
The case is based on the provisions of this Code to be detained, and the statute of limitations to restore the case is not too long for the trial.
What? 284. Ask the Institute to replenel the document, prove it
1. When the document is needed, the evidence is needed for the resolution of the case without having to pay the case to investigate the addition, the presiding judge presiding over the Court request additional examination.
2. Request for the addition of documents, evidence must be written, specify the document, the certificate needs to replenel and submit to the Institute for the inspection at the same level 2 days from the date of the requested text.
3. In the 5-day period since the date received the request of the Court, the Institute for Examination Submitted to the Court of Documents, the evidence is required to supplement. In the case of an unsupplemated checklist, the Court is on trial.
What? 285. The Institute for Withdrawal Checks.
When there is one of the specified bases in Article 157 of this Code or whether the base is specified in either Article 16 or Article 29 or paragraph 2 of the Criminal Code Code, the Institute of Checks to withdraw the decision before opening the trial and nomining the Court. The case is suspended.
What? 286. The delivery, the decision by the Court of Justice.
1. The decision to take the case to trial is assigned to the accused or their agent; to the defense, to be harmed, to the delay of 10 days before opening the trial.
The case of the alleged absence was decided to take the case to the trial of the defendant or the agent of the accused; the decision to take the case to the trial must be listed at the headquarters of the People's Committee, the ward, the town where the accused resides. Finally, the agency, the final study of the accused.
2. The decision to suspend the case, decide to suspend the case, the decision to restore the case of the Court to be assigned to the defendant, defendant, defendant, or their agent and send to the other litigwoman in the 3-day period since the decision date.
3. The decision to deliver the judge presiding over the trial, the decision to take the case to trial, to decide the suspension, the decision to suspend, the decision to restore the case must be sent to the Institute for the inspection at the same level 2 days from the decision date. The decision to suspend, the decision to suspend the case must be sent to the Senior Control Institute directly within the 2 days period since the decision date.
4. The decision to apply, change, cancel the deterred, the coercated measure is delivered to the defendant, the defendant, the Institute for the same rank, the detention facility, the defendant is in custody for the 24-hour period since the decision.
What? 287. Summon those who need a trial
Based on the decision to take the case to trial, the prosecutor's request, the defense, the other litigwoman, the judge presiding over the subpoenaed court.
Section III
GENERAL REGULATION OF PROCEEDINGS AT THE TRIAL
What? 288. The presence of the Board Member and the Secretary of the Court.
1. The trial was only conducted when there were enough members of the Board of Trial and Secretary of the Court. Members of the jury must judge the case from the beginning until the end.
2. The case with the judge, the jury does not continue to participate in the trial but has the judge, the Board of Defects Attending the trial from the beginning, these persons are replaced as a jury member. In the case of a jury of two judges that the judge presiding over the trial does not continue the trial, the judge is a jury member presiding over the trial and the alternate judge is added as a jury member.
3. The case with no Judge, the Reserve Council to replace or have to change the presiding judge without the judge to replace the stipulation at paragraph 2, the trial must be postponed.
4. The case of the Court Clerk is changed or cannot continue to participate in the trial the Court can still judge the case if there is a Reserve Court Secretary; otherwise the replacement is suspended.
What? 289. The presence of an observer.
1. Check out the same level of inspection at the same level as the right to execute the right of prosecution, check the trial at trial; if the prosecutor is absent, delay the trial. For the case with serious, complex nature, there may be multiple police officers. The prosecutor's case could not be present at the trial, where the Reserve Officer was present at the trial from the beginning to be replaced to exercise the right to the prosecution, which checked the trial at the trial.
2. The case of the inspection of the prosecutor is changed or could not continue to practice the right of prosecution, examination of the trial without the Alternate Examination to replace the trial of the trial.
What? 290. The presence of the defendant at the trial
1. The defendant must be present at the trial according to the court ' s summons during the trial of the case; if absent due to the inpossibility or not due to the objective of the objective, the defendant is oppressed; if the defendant is absent for any resistance or impediability. The objective is to delay the trial.
If the defendant had a mental illness or a poor illness, the jury suspended the case until he was accused of the illness.
If the defendant is arrested, the Board is suspended for the case and requires the prosecution of the accused.
2. The court can only judge absenters in cases:
a) The accused and the wanted is no consequence;
b) The accused is in foreign countries and cannot be summoned to the trial;
c) The accused of the trial was absent and approved by the Council;
d) If the absence of the defendant is not for the cause of any resistance or not due to objective obstacles and the absence of the accused does not pose an obstacle to the trial.
What? 291. The presence of the defense.
1. The healer must be present at the trial to plead for the person he has received the plea. The healer can send in front of a plea to the Court. The case for the first absenters was due to an unimpediable reason or because of the objective, the Court had to postpone the trial, except for the case of the accused consent in the absence of a plea. If the person's defense is not due to either an unimpediable reason or not due to an objective obstacle or a second valid recall, the Court will still open the trial.
2. The case specifies a person's defense in paragraph 1 Article 76 of this Code that the person is absent from the trial, but the trial shall be postponed, except for the accused or the agent of the accused.
What? 292. The presence of harm, contemporary or their agent.
1. If harmed, the person or their representative is absent, the Council decides to delay the trial or proceed to trial.
2. The case found the absence of harm, which was only impediable for the settlement of damages, the Council of Trial could separate the compensation for trial after the rule of law.
What? 293. The presence of a witness.
1. The witness who took part in the trial to light up the circumstances of the case. If the witness was absent, but previously testified in the Agency, the presiding officer announced the testimony. If the person testis about the important issues of the absence of the case, the jury decides to postpone the trial or proceed to trial.
2. The case of a person who testis to the Court of convening but intentionally absent without due to an unimpediable reason or not due to objective obstacles and their absence caused the impediability of the trial, the jury may decide to lead the resolution. of this Code.
What? 294. The presence of the examiner, the asset valuation
1. The examiner, who valued the property for the trial when he was summoned by the Court.
2. If the examiner, who valuers the property absent, is subject to the case, the jury decides to postpone the trial or remain on trial.
What? 295. The presence of the translator, the translator.
1. The translator, the translator joined the trial when he was summoned by the Court.
2. The event of the translator, who translated the absence without any other replacement, the Council on trial decided to postpone the trial.
What? 296. The presence of investigators and others.
During the trial, when the trial was needed, the Board of Assembly could summon the investigator, who had the authority to conduct the rationing, resolve the case and others to the trial to present matters relating to the case.
1. The court adjourn the trial when belonging to one of the cases:
a) There is one of the prescribed bases at the terms 52, 53, 288, 289, 290, 291, 292, 293, 294 and 295 of this Code;
b) A need to verify, gather evidence, document, material, object that cannot be performed at the trial;
c) Need to proceed with additional monitoring, reposition;
d) Need to value assets, revaluation assets.
The case is delayed, and the case has to be retried from the beginning.
2. The deadline for the trial of the preliminary trial is not too 30 days from the date of the decision to postpone the trial.
3. The decision to postpone the trial has key content:
The day, the month, the year was determined;
b) The name of the Court and the name of the Judge, the Court, the Secretariat of the Court;
c) They are the name of the prosecutor who exercises the right to the prosecution, which checks the trial at trial;
d) The case was put on trial;
The reason for the delay of the trial;
e) Time, the venue to reopen the trial.
4. The decision to postpone the trial must be presiding over the trial on behalf of the Board of the Trial. When the presiding judge was absent or altered, the Chief Justice of the Court decided to postpone the trial.
The decision to postpone the trial must be notified immediately to the participants present at the trial; sent to the Institute for the examination of the same level and the absenters at the trial for a 2-day period since the decision date.
What? 298. The limit of the trial
1. The court judges the defendants and acts on the charges that the Institute for Prosecco and the Court have decided to take the case to trial.
2. The court may judge the defendant in a different paragraph with the order in which the Institute of Examination has prosecuted in the same law or on a misdemeanor or lighter than the charges the Institute of Examination Has Prosecuted.
3. The case found a need for a felony trial of felony charges than the prosecution of the Prosecution Examination, the Court paid a case to the hospital to examine the prosecution and explicitly inform the defendant or the agent of the defendant. On the charges, the court has jurisdiction over the charges of felony charges.
What? 299. The trial, the Court ' s decision.
1. The verdict must be discussed by the Council of Assembly and adopted in the parliamentary chamber.
2. The decision on changing members of the Board of the Trial, Examination, Court Clerk, the examiner, the asset valuation, the translator, the translator, suspended or suspended the case, adjourn the trial, arrest or pay freedom of the defendant. The defendants must be discussed, through the conference room and being published.
3. Decision on other matters discussed and passed in the courtroom is not written but must be written to the trial.
Section IV
THE PROCEDURE BEGINS THE TRIAL.
What? 300. Prepare for the opening of the trial.
Prior to the opening of the trial, the Secretary of the Court must proceed with the work:
1. Check out the presence of those who are summoned by the Court; if one is absent, then the reason;
2. The internal perversion of the trial.
What? 301. The opening of the trial
1. Judge presiding over the trial of the trial and reading the decision to take the case to trial.
2. The Court clerk reports the Board of Trial on the presence, absence of those who are subpoenaed by the Court and the reasons absent.
3. The Chair examines the presence of persons present at the trial in accordance with the court's summons and background checks, the dissemination of their rights and obligations.
What? 302. Addressing the offer to change the Judge, the Court, the Audsecretary, the Court Secretary, the examiner, the asset valuation, the translator, the translator.
The presiding officer must ask the prosecutor and the participants in attendance at the trial see they have the offer to change the Judge, the Court, the Auditeholder, the Court Secretary, the examiner, the asset valuation, the translator, the translator. Or not, the reason for the change. If there is a suggestion, the jury is considering, decided.
What? 303. The interpreter of the translator, the translator, the examiner, the asset valuation.
After interprets the rights and obligations to the translator, the translator, the examiner, the asset's valuation, presiding over the court order these persons must be committed to rounding up the task.
What? 304. The witness ' s guarantee, the quarantine of witnesses
1. After the interpretation of the right and obligation to the witness, presiding over the trial required the witness to commit to the honest declaration.
2. Before the testimony was asked about the case, presiding over the trial decided the measure to let the witnesses not hear each other ' s testimony or contact the relevant ones. In case of the defendant's testimony and the witnesses who have a mutual influence, the presiding judge shall decide how to divorce the witness before asking the witnesses.
What? 305. Resolve the request to review the evidence and postpone the trial when someone is absent
The presiding officer asked the prosecutor and the participants to be present at the trial if anyone asked for additional witnesses or requests for additional evidence, whether the document was reviewed. If there is a participant in the absence or presence at trial, but for reasons of being unable to participate in the proceedings, the presiding judge shall ask whether or not he will be asked to postpone the trial; if anyone asks, the jury review, the decision. Oh,
Section V
PROCEEDINGS AT THE TRIAL
What? 306. Publish the indictment
Prior to the review, the prosecutor published the indictment and presented the additional opinion (if any). The additional opinion is not worrisome to the defendant ' s condition.
1. The trial council must fully define the details of every incident, every sin in the case and every one of them. Presiding over the inquiry, deciding who asked first, asked after a reasonable order.
2. When asked each person, the presiding officer questioned before then the decision to judge, the jury, the Auditeholder, the defender, the defender of the right and the legitimate interests of the person to do the asking.
The presiding judge at the court was entitled to the presiding judge on the details of the circumstances.
The examiner, who valuation the property is asked about the issues that are related to the judging, valuation of the property.
3. When the trial is reviewed, the Board considers the relevant evidence in the case.
What? 308. Publish testimony in the investigation phase, prosecute
1. If the person is asked to be present at the trial, the Board of the Trial, the prosecutor is not published on their testimony during the investigation, the prosecution.
2. Only published statements during the investigation phase, prosecute when belonging to one of the cases:
a) The testimony of the person in question at the trial contradicts their testimony during the investigation, prosecution;
b) The person in question is not open at the trial or does not remember his testimony during the investigation, prosecution;
c) The person in question recommended to publish their testimony in the period of investigation, prosecution;
d) He was asked to be absent or dead.
3. The special case needs to keep the state secret, keep the nuls of the nation ' s customs, keep the profession secret, secret business secrecy, private life secrecy, family secrets at the request of the litigable or self-judged participant, the Council of Nations. The trial was not published in the case file.
1. The chair of the trial must decide separately from the accused. If the testimony of this defendant may affect the testimony of another defendant, the presiding judge must quarantine them. The defendant is isolated from the defendant's testimony, and has the right to question the accused.
2. The defendant presented an opinion on the indictment and the details of the case. The jury asked more about the points that the defendant presented was incomplete or contradicts.
The police officer asked the defendant about the evidence, documents, items related to the impeachment, the charges and other details of the case.
The defense questioned the evidence, documents, objects associated with the defense and other details of the case.
The defender of the rights and the legitimate interests of the harm, the question of being accused of the circumstances concerning the protection of the rights and the interests of the authorities.
The proceedings at the trial were entitled to the presiding judge on the details of the circumstances concerning them.
3. If the defendant does not respond to questions, the Board of Trial, Examination, the defender, the defender of the rights and the legitimate interests of the defendant, is in the process of asking others and considering the evidence, the document is related to the case.
When the court was presided over, the defendant was asked to question with the other defendant on the issues related to the defendant.
What? 310. Ask for harm, person or their agent.
Harm, contemporary or their agent presents the circumstances of the case involving them. Then, the Board of Trial, the Auditentier, the defender and the defender of the rights and the legitimate interests of the harm, are further asked by the addition of the points they presented incomplete or contradicts.
When elected by the court, the accused may be asked to be harmed, of the matter, or their agent on the issues associated with the accused.
1. The question must be conducted separately for each of the witnesses and not let other witnesses know the contents of that question.
2. When asked the witness, the trial council must clearly ask about the relationship between them with the defendant and the authorities in the case. The presiding officer asked the witnesses to articerate the details of the case they had known, then asked more about the points they had not yet fully or had contradicts. The police officer, the defender, the defender of the rights and the legitimate interests of the defendant, may be able to ask for more witnesses.
When the court was presided over, the defendant was able to question the person who testified about the issues associated with the accused.
3. After the presentation is done, the witness stays in the courtroom so he can be asked for further questions.
4. The case with the identification of the witnesses, their loved ones being violated or threatened to invade the life, health, property, honor, dignity, the Council on trial must decide to protect them by regulation. of this Code and other laws that are relevant.
5. The case is needed, the Court decided to ask the person who testified through the computer network, the telecoms network.
What? 312. Look at the evidence.
1. The evidence, photo, or the receipt of the evidence was given to review at the trial.
When necessary, the Board of the Court may be together with the PID, the person of the defense, and the other participant in the hearing to see where the evidence cannot be taken to the trial. The consideration of the evidence at the prescribed site is prescribed at Article 133 of this Code.
2. Check out the officer, the defense, the other participant in the trial has the right to present his review of the evidence. The trial council, Checking, the healer, the person who defended the legal rights and benefits of the harm, could be asked to add the trial to the trial on the subject matter.
What? 313. Listen, see the recorded content or audio recording.
The case needs to check the evidence, document, object related to the case or when the defendant is accused of the bow, which uses the image, the jury decides whether to hear, see whether the contents are recorded or taped with the relevant sound at the trial.
When the trial is needed, the trial council may be together with the Security Officer, the healer, the other participant in the trial to see where the crime or other site has been linked to the case. The police officer, the person who defended, the other participant in the trial had the right to present his remarks about the site of the alleged crime or other location in connection with the case. The jury may ask more people to join the trial on matters that are related to that place.
The consideration at the prescribed site is prescribed at Article 133 of this Code.
What? 315. Presentation, publication of the report, document of the agency, organization
The report, the agency's document, organizes the details of the case due to the agency's representative, which presents; the case is not representative of the agency, the organization of attendance, the Board of the Council to publish the report, document at the trial.
The defendant, the defendant, the healer, the other participant in the trial has the right to comment on the report, the document, and asking for the agency's representative, the organization, the other participant in the hearing on matters relating to the report, the document.
What? 316. Ask the examiner, the asset valuation
1. The trial council itself or at the recommendation of the Supervisor, the defense, the other participant in the trial requires the examiner, who valuers the property to present his conclusions on the matter being set up, valuing the property. When the presentation, the examiner, the asset valuation has the right to explain the addition of the monitoring, asset valuation, the base to the conclusion of the judging, the asset valuation.
2. Supervisor, the defense, the other litiger present at the trial has the right to comment on the conclusion of the examiner, the valuation of the property, to be asked the issues that are not yet clear or contradicts in the conclusion of the judging, property valuation or having a contradiction. With all the other details of the case.
3. The case of the examiner, the asset valuation person who is not present at the trial, presiding over the court hearing conclusion, valuation of the property.
4. When the review is needed, the Board of the Board decides whether to add or redefine, revaluation the property.
What? 317. Investigator, Detective, others have the authority to conduct the proceedings, the participant in the proceedings of the opinion.
When the trial is needed, the Council on the trial itself or at the recommendation of the participant to ask the investigator, the prosecutor, who else has the authority to conduct the proceedings, the participant in the proceedings presented the opinion to clarify the decisions, actions and actions. Legal proceedings during the investigation, prosecution, trial.
When the details of the case were reviewed, the presiding officer asked the police officer, the defendant, the defense, the other participant in the court, see if they were asked for any further questions. If there is no request for questioning, the question ends; if a request is required, it is necessary that the presiding judge will continue the trial.
What? 319. The prosecutor withdrew the prosecution decision or concluded a lighter offence at the trial.
After the end of the review, the prosecutor can either withdraw a portion or the whole decision to prosecute or conclude on a lighter offence.
What? 320. Speech sequence statement
1. After the end of the review, the examination of the examination presented the impeachment; if there is no grounds for the conviction, then withdraw all the prosecution decision and offer the Court to declare the accused not guilty.
2. The defendant presents a plea; the defense presents a plea for the defendant; the accused, the representative of the defendant has the right to add a plea of defense.
3. Being harmed, at the same time, their agent presents an opinion to protect its rights and interests; if someone protects the right and benefits of them, this person has the right to present, add the opinion.
4. The case of the case being initiated at the request of the harm is harmed or their agent presents, compleming the opinion after the examination of the examination presented the impeachment.
What? 321. The Crime of the Police.
1. The prosecutor ' s impeachment must be based on the evidence, documents, items that have been checked at the trial and the opinion of the defendant, the defender, the defender of the rights and the legal benefits of the harm, the incumbent, the other litigant at the trial.
2. The impeachment content must be analyzed, assessed objectively, comprehensive, full evidence of guilt, evidence of innocence; properties, the level of danger to society of criminal behavior; the consequences caused by the offence; the character and shoulders of the crime. the defendants of the accused in the case; charges, penalties, point-imposed, paragraph, things of the Criminal Code, severe increases, mitigation of criminal responsibility; damages, physical treatment, judicial measure; cause, criminal condition, and criminal justice. Well, the other details have implications for the case.
3. Offer the conviction for being either full or part of the indictment or the conclusion of the misdemeanor charges; offer the main penalty level, additional penalties, judicial measure, damages of damages, the handling of the evidence.
4. Petition for criminal precautions and violations of the law.
What? 322. Debate at the trial
1. The defendant, the healer, the other litigant who has the right to present the opinion, give evidence, document, and his argument in response to the examination of the prosecution of the evidence guilty, the evidence of innocence; properties, levels of danger. to the society of criminal behavior; the consequences caused by the offence; the character and the role of the defendant in the case; the severe increases in the criminal responsibility, the penalty level; civil responsibility, the handling of the evidence, the judicial measure; the cause, The conditions of crime and other conditions are meaningful to the case.
The accused, the defense, the other litigwoman had the right to make his offer.
2. The prosecutor must give evidence, documents and arguments in response to the same opinion of the defendant, the healer, the other litigant at the trial.
The participant in the debate has the right to respond to other people ' s opinions.
3. The trial owner is not restricted the time of the debate, which must facilitate the examination, the defendant, the plea, the harm, the other participant of the debate, presenting all opinions but has the right to cut the opinions that are not related to the case and Repeat.
The presiding officer asked the officer to respond to the opinions of the defense, the other litigant that those opinions have not yet been debated by the examination.
4. The trial council must listen, fully documented the opinion of the Auditabas, the accused, the defense, who participated in the debate at the trial to evaluate the objective, the full extent of the case. In case of not accepting the opinion of the participants, the Board of the Council must specify the reason and is written in the verdict.
What? 323. Return to the question.
If the argument is found to be unquestioned, unresolved, the Council must decide to return to the trial. The question must continue to debate.
What? 324. The defendant said the last word.
1. After the participants argued for no further comment, the presiding judge announced the end of the debate.
2. The defendant was told the last word. Do not ask questions when the defendant says the last word. If in the final words, the defendant presents further details of the matter that matters to the case, the trial council must decide to return to the question. The trial council has the right to request the accused not to present the points that are not linked to the case but not to restrict the time to the accused.
What? 325. Consider the withdrawal of the prosecution decision or conclusion of the lighter offence at the trial
1. When the Auditoners withdraw a portion of the prosecution decision or conclusion of the misdemeanor, the trial council continues to review the case.
2. The Case of Inspects withdrew all the prosecution decision, before the resolution, the jury required those participants to present the opinion of the decision to withdraw the prosecution.
Section VI
PARLIAMENT AND SENTENCING
1. Only the judge and the new jury have the right to parliament. The resolution must be conducted in the parliamentary chamber.
The presiding officer presiding over the deliberation is responsible for each issue of the case to be resolved to the Assembly for deliberation, the decision. Presiding over the trial itself or assigned a member of the Board to write the resolution of the decree. Members of the jury must resolve all the problems of the case by voting in a majority of each issue. The last jury, the final judge. If no idea of a majority is expected to be discussed and redentiate every opinion of the members of the Board of Assembly members, it has been made to determine the opinion of the majority. The person with a minority opinion has the right to present his opinion in writing and be included in the case file.
2. The resolution is only based on the evidence, documents have been investigated at the trial, on the basis of full review, the full evidence of the case, the opinion of the prosecutor, the defendant, the defense, the other litigant.
3. The issues of the case must be resolved when the resolution is included:
a) The case is either a suspended or case-suspended case for an additional investigation;
b) The legality of the evidence, documents issued by the Agency for Investigation, Investigation, the Institute of Examination, Examination Officer; by the lawyer, the defendant, the accused, the other litiger provided;
c) There is no basis for the accused. In case enough the case is found to be clear, the clause of the Code of Criminal Code is applicable;
d) The punishment, the judicial measure imposed on the accused; the responsibility for reparation; the civil matter in the criminal case;
The accused is in the case of criminal duty, immunity or not;
e) A criminal charge, a civil waste; the handling of the testis; the assets that are numbered, the account is sealed.
g) The legitimacy of the conduct, the proceedings of the Investigator, the Auditefactor, the defense during the investigation, the prosecution, the trial;
) Knowledge prevention, breach of violation.
4. The Case of Inspects withdrew all the course of the prosecution decision, and the Council on the Board resolved the problems of the self-regulation case at 1 Article. If there are grounds that the defendant is not guilty, the jury sentences the defendant not guilty; if the prosecution decides that the prosecution does not have a base, the decision to suspend the case and the petition of the Institute of the Institute for the examination of the same level or the institution of the Institute of Control. It's all right.
5. The case where the case has many complications, the trial council may decide to extend the time of the resolution but not more than 7 days from the date of the conclusion of the debate at the trial. The jury must inform those present at the trial and the participant in the absence of the trial, the date, the month, the year and the location of the verdict.
6. End of sentencing, the trial council must decide one of the issues:
a) Ra's sentence and sentence;
b) Return to the trial and debate if there is an unquestioned case of the case, which has not yet been made clear;
c) Pay the case file to the Institute for Additional Investigation Examination; ask the Institute to replener the document, the evidence;
d) suspend the case.
The jury must notify those present at the trial and the participant in the proceedings is absent at the trial of the decisions at point c and this point of point.
7. The case of discovery has the impeachment of a criminal trial by the Board to determine the prosecution of the case by statute 18 and Article 153 of the Code.
Presiding over the trial or another member of the jury read the verdict. The case of a closed trial only read the verdict in the verdict. After reading can be further explained about the approval of the sentence and the right to appeal.
What? 328. Release the accused.
In the following cases, the trial council must declare a free return at the trial for the defendant in custody, if they are not imprisoned for another crime:
1. The defendant is not guilty;
2. The defendant is exempt from criminal responsibility or immunity;
3. The defendant sentenced in punishment is not a prison penalty;
4. The defendant was sentenced to prison but received a suspended sentence;
5. The time of imprisonment by or shorter than the time of the accused has been suspended.
What? 329. Arrest the accused after sentencing
1. The case of the accused is being held in prison but in case of the need to continue the detention for the execution of the court, the Board of the Court shall decide on the trial of the accused, unless the case is specified in paragraph 4 and paragraph 5 Article 328 of this Code.
2. Cases of the accused are not suspended but sentenced to prison, they are only taken into custody to accept punishment when the sentence has been legally valid. The jury may decide whether to arrest the accused in a trial if there is a case that the defendant may be able to hide or continue committing crimes.
3. The detention deadline is specified in paragraph 1 and paragraph 2 This is 45 days from the day of sentencing.
4. The case of the accused is sentenced to death, the trial council decided on the sentence to continue the detention of the accused in order to ensure the execution of the execution.
APPELLATE TRIAL
Item I
THE NATURE OF THE TRIAL OF APPEAL AND THE RIGHT TO APPEAL, RESISTANCE Poop!
What? 330. The nature of the appellate trial
1. An appellate trial is the charge of the Superior Court to review the case or review the preliminary decision on which the verdict is, the preliminary decision on the case has not yet been legally charged or appealed.
2. The preliminary decision to be appealed, the appeal was the decision to suspend the case, decided to suspend the case, the decision to suspend the case against the defendant, the defendant, to decide the case against the defendant, the defendant and the other decision by the Court of Inquisition. according to the Code.
What? 331. You have the right to appeal.
1. The defendant, which is harmed, their agent has the right to appeal the sentence or decide the preliminary trial.
2. The healer has the right to appeal to protect the interests of the person under the age of 18, who has the mental or physical drawback that he defended.
3. Civil plaintiffs, civil plaintiffs, whose agent has the right to appeal the part of the sentence or decide whether to be involved in damages of damages.
4. The person with the rights, the obligation in relation to the case, their agent has the right to appeal to the part of the sentence or the decision that is related to their rights, their obligations.
5. The defender of the legal rights and benefits of the harm, who is under the age of 18 or who has a mental or physical defect that has the right to appeal to the part of the sentence or decision that is associated with the rights, the obligations of whom he protects.
6. The person who was declared guilty by the Court has the right to appeal against the grounds that the preliminary sentence has identified as they are not guilty.
1. The appeal must submit an appeal to the Court for a trial or a Court of Appeal.
The case of the accused is in detention, the Supervisor Camp Monitor, the Guaranteed Temporary House for the defendant to exercise the appeal, receive the appeal and transfer to the Court of Appeals for the trial, the decision to be appealed against.
The appeal can be presented directly to the Tribunal for the trial of the jury or the Court of Appeal of Appeal of the appeal. The court must immediately compile on the statutory appeal at Article 133 of this Code.
The appellate court has compiled a written statement about the appeal or receipt of an appeal that must either submit a written or an appeal to the Court of Appeal for execution in accordance with the general regulation.
2. The appeal application has major content:
a) Day, month, year of the order of appeal;
b) They name, the address of the appeal.
c) The reason and the request of the appeal;
d) the signature or point of the appeal.
3. Follow the application of the appeal or along with the direct presentation of evidence, document, additional items (if any) to demonstrate the base of the appeal.
1. The appeal deadline for the preliminary sentence is 15 days from the day of sentencing. For the defendant, in the absence of the trial, the statute of limitations from the day they received the sentence or the date of the verdict was listed under the rule of law.
2. The appeal deadline for the preliminary decision is 7 days from the date of the person having the right to appeal to the decision.
3. The appeal date is defined as follows:
a) The case of appeal filed through the postal service the date of appeal is the date by the postal mark where sent;
b) The application of the appeal filed via the Detention Facility, the Holdholder, the Day of appeal is the Day of the Detention Center, the Holdholder, to receive the application. In the custody of the detention facility, the Holdholder must record the date of the application and sign the confirmation to the application;
c) The case of the appeal against the appeal filed in the Court the day of appeal is the day the Court received the application. In case the appeal is directly presented to the Court, the day of appeal is the date of the Court's Day of the Penalty Of Appeal.
What? 334. Procedure for processing and handling of the appeal
1. After receiving a single appeal or a written statement of the appeal, the Court of Appeal must enter the receiving register and examine the validity of the appeal application under the provisions of this Code.
2. The case of a valid appeal case, the Court granted the Supreme Court to inform the statutory appeal at Article 338 of this Code.
3. The case of a valid appeal case but the appeal content is not yet clear then the Court of Appeal must inform the appeal to clarify.
4. The case of the correct appeal content of this Code but too long-term appeal the Court of Appeals requires the appeal to the appeal of the reason and the appearance of evidence, documents, items (if any) to prove the reason the filing of the appeal is overdue. It's worth it.
5. The case of a single-person appeal has no right to appeal, in the 3-day period since the date of the invoice, the Court returns the application and the written notice to the plaintiffs, the Institute of the same degree. The message text must specify the reason of the application repayment.
The return of the single can be lodged with a complaint during the 7-day period since the date received notice. The settlement of the complaint was made in accordance with Chapter XXXIII of the Code.
1. The overdue appeal is accepted if there is an impossibility of resistance or due to the objective impediability that an appeal is not able to make an appeal in the deadline due to the Code of Regulation.
2. In the 03-day period since the date of receiving an overdue appeal, the Court of Appeal must submit an appeal, the report of the appeal of the appeal on the grounds of overdue appeal and evidence, documents, accompanying items (if any) for the Court of Appeal.
3. In the 10-day period since the date of receiving the overdue appeal and evidence, document, accompanying items (if any), the Court of Appeal established the Council of Three Judges to review the overdue appeal. The Overdue Appeal Council has a right to decide whether to accept or not accept an overdue appeal and must be aware of the reasons of acceptance or not acceptance in the decision.
4. The overdue appeal session must have the participation of the Audit Institute for the same level. In the 3-day period before the overdue appeal day, the Court of Appeal sent a copy of the overdue appeal and evidence, the document accompanying (if any) to the Institute of the same level. The observer states the view of the Institute for Overdue Appeal.
5. The decision of the Board of Appeals for the overdue appeal is sent to the overdue appeal, the Court of Examination and the Institute for the same level as the Court of Appeal.
In case the Court of Appeal accepted the appeal for overdue appeal, the Court of Appeal must proceed to the procedures prescribed by the Code and submit a case file to the Court of Appeal.
What? 336. The National Security Council's appeal.
1. The Institute of the Same Level, the Direct Level Control Institute has the right to appeal the sentence or decide the preliminary decision.
2. The Academy ' s appeal decision has the main content:
a) The day, the month, the year of the decision to appeal and the number of the decision to protest;
b) The name of the Institute for the Censorship Decision;
c) Appeal to the whole or part of the sentence, the preliminary decision;
d) The reason, the protest base and the requirements of the Institute of Control;
The name, the officer of the decision-making.
1. The appeal deadline for the Institute for Examination Jointly to the sentence of the Supreme Court of Appeal is 15 days, of the Institute of Superior Examination on the direct run of 30 days from the date of the Court of Appeal.
2. The appeal deadline for the Institute of Examination Jointly to the decision of the Court of Examination is 7 days, of the Institute of Subordinate Examination on direct examination of 15 days from the day of the Court decision making decision.
Article 338. The announcement of the appeal, the decision to appeal.
1. The appeal must be notified by the Court of the Preliminary Court to the Institute of the same degree and those involved in the appeal in the 7-day period since the expiration of the appeal deadline. The message must specify the request of the appeal.
2. In a 2-day period from the date of the decision to appeal, the Institute of checks must submit an appeal decision accompanying the evidence, document, additional items (if any) for the Court tried the preliminary trial, sending an appeal decision to the accused and those involved. to the protest. The appeal hospital must submit an appeal decision to the other Voter Permissions.
3. The recipient of the proceedings is informed of the appeal, the appeal has the right to send the text stating its opinions on the appeal content, the appeal to the Court of Appeal. Their opinion was placed on the case file.
What? 339. As a consequence of the appeal, the appeal.
Parts of the verdict, the Court's decision to be appealed, the appeal has not yet been issued, except for the case stipulated at Article 363 of the Code. When there is an appeal, the appeal to the whole verdict, the decision, the entire sentence, the decision has not been made, except for the case stipulated at Article 363 of this Code.
The appellate court must submit case files, appeals, appeals, and evidence, documents, items attached (if any) for the Court of Appeal of the Court of Appeal during the 7-day period since the expiration of the appeal, the appeal.
1. Shortly after receiving a case file with an appeal, the appeal and evidence, the document, the attached item (if any), the Court of Appeal must enter the ensemination.
2. In the 3-day period since the day of the trial of the case, the Chief Justice of the Court of Appeals granted the Judge presiding over the trial, the session.
What? 341. Transfer case files to the Institute of Control
1. After the case of the case, the Court of Appeal must transfer the case file to the Institute of the same level. In the 15-day period for the Provincial People's Audit Institute and Military Sector Military Audits, 20 days for the Senior People's Control Institute, Central Military Auditship since the date received the case file, the Institute of Control has to return it. Case files for the Court. In case of a serious, complex case of crimes, this term may last but not more than 25 days for the Provincial People's Examination Institute, Military Sector Military Auditship, 30 days for the High School Human Health Control Institute, The Central Military Police.
2. The Court of Appeals for the Court of Appeal received evidence, documents, additional items before the trial should be transferred, documents, items to the Institute for the same level. For the 3-day period since the date of the receiving of the evidence, the document, additional items, the Institute of Police must return it to the Court.
What? 342. Change, supplement, appeal, protest.
1. Before the start of the trial or at the appeals court, the appeal has the right to change, the addition of appeal, the Institute of Examination Decision to decide the right to change, replenelate the appeal but not worse than the defendant ' s condition; The appeal of a partial or an entire appeal; the Institute of Examination Decision determines the appeal or the direct-level examination institute has the right to withdraw in part or the entire appeal.
2. The change, addition, withdrawal of appeal, appeals before opening the trial must be written and sent to the Court of Appeal of Appeal. The appellate court must inform the Institute of Examination, defendants and those involved in the appeal, the appeal to the change, the addition, the appeal, the appeal. The change, the addition, withdrawal of appeal, the appeal at the trial was written to the transcript of the trial.
3. The case of an appeal to withdraw a part of the appeal, the Institute for Withdrawal Of A Portion Of The Appeal At The Trial, which is not linked to the appeal, another appeal the Appeals Board of Appeals for the withdrawal of part of the appeal, the appeal, and The decision to suspend the appeal, the appeal in the appeals court.
What? 343. The validity of the verdict, the Court ' s preliminary decision has no appeal, the appeal.
The verdict, the decision and parts of the verdict, decided the Court ' s preliminary decision not to be appealed against, the appeal had the law effect since the day of the expiration of the appeal, the appeal.
Section II
APPELLATE TRIAL PROCEDURE
What? 344. The court has the authority to judge the appellate.
1. The Provincial People 's Court has the authority to judge the appeal of the sentence, the decision of the District People' s Court to be appealed, the appeal.
2. The Supreme People 's Court has the authority to judge the appeal of the sentence, the decision of the Provincial People' s Court to be under the jurisdiction under the jurisdiction of the appeal, the appeal.
3. Military District Court of Military District has jurisdiction over the appeal of the verdict, the decision of the Regional Military Tribunal to be appealed, the appeal.
4. The central military court has the authority to judge the appeal of the sentence, the decision of the Military District Court to be appealed, the appeal.
What? 345. The scope of the appellate trial.
The Court of Appeal reviewed the contents of the verdict, the decision to be appealed, the appeal. If the test is needed, it is possible to consider other parts of the sentence, the decision not to be appealed, the appeal.
What? 346. The deadline for the trial of the appellate.
1. Provincial People's Court, Military Court of the Military District must open a court of appeals for a period of 60 days; the High Court of the People's Court, the Central Military Tribunal must open a court of appeals for 90 days from the date of receiving the case file.
2. In the 45-day period for the Provincial People 's Court, the Military District Court of Military District, 75 days for the Supreme People' s Court case, the central military court since the day of the death of the case, the presiding judge of the trial must issue one of the decisions:
a) The suspension of the appellate;
b) Give the case to the appellate trial.
3. In the 15-day period since the decision to take the case to trial, the Court must open the court of appeals.
4. As slow as 10 days before the opening of the trial, the Court of Appeal must submit the decision to take the case to trial for the Institute of the same degree, the defender, the harm, the defender of the right and the legitimate rights of the harm, the incumbent, the accuser, the rights, the obligations concerning the appeal, the appeal.
What? 347. Applying, changing, rescinking deterred, coercated measure
1. After the case of the case, the Court of Appeal granted the right to decide whether to apply, change, cancel the deterred, the coerentive measure.
The adoption, the change, rescinned the detention measure by the Chief Justice, the Deputy Chief Justice of the Court decided. The adoption, the change, the cancellation of other deterred measures, the coercated measure presided over by the presiding judge.
2. The detention deadline to prepare the trial is not too long overdue for a regulatory appellate trial at Article 346 of this Code.
In the case of a suspended jail term, the Court of Appeals for the Court of Appeal used the detention period under the Court of Jury's decision. At the time of the expiration of the trial, the Court of Justice, the Court of Justice, is sentenced to a new prison sentence.
For the defendant in custody, if the trial is taken to complete the trial, the jury decides to hold the trial until the end of the trial.
3. For the defendant who is being held in prison until the end of the detention deadline has expired, the Board of the jury shall be sentenced to prison sentences to ensure the execution of the execution, except for the case stipulated at paragraph 4 and paragraph 5 Article 328 of the Code. Hey.
For the accused not to be detained but sentenced to prison, the Board of Trial may have decided to arrest the accused immediately after the sentencing.
The detention deadline is 45 days from the day of sentencing.
What? 348. Suspension of appellate.
1. The Court of Appeals for the Court of Appeal suspended the appeal of the appeal to the case that the appeal had withdrawn all of the appeal, the inspection institute withdrew the entire appeal. The suspension of the appellate court before opening the trial was decided by the presiding judge, at the trial of the jury. The preliminary sentence has legal effect since the day the Court of Appeal judges the decision to suspend the appellate.
2. The case of an appeal to withdraw a part of the appeal, the Security Council withdrew a portion of the appeal before opening the trial that was not linked to the appeal, the other appeal the judge presiding over the trial had to make a decision to suspend the appeal. With the appeal, the appeal is withdrawn.
3. The decision to suspend the appellate trial is clear due to suspension and regulatory content at paragraph 2 Article 132 of this Code.
In the 3-day period since the decision-making, the Court of Appeal must submit a decision to suspend the appellate to the Institute of the same level, the Tribunal for trial, the defender, the harm, the incumbent, the defender of the right and the legal benefit of the defendant. Harm, he, the appeal, the man with the rights, the duty concerning the appeal, the appeal.
What? 349. The presence of a member of the Court of Appeals, the Court Secretary.
1. The trial was only conducted when there were enough members of the Board of Trial and Secretary of the Court. Members of the jury must trial the case from the start of the trial until the end of the trial.
2. The case with the judge does not continue to take part in the trial but there is a valid judge attending the trial from the beginning that these persons are replaced as a jury member. The judge presiding over the trial was not followed by a trial, and the judge was a jury member presiding over the trial and the alternate judge was added as a member of the jury.
3. The case without a defect judge or must change the presiding judge without the judge to replace the trial.
4. The case of the Court Clerk is changed or cannot continue to participate in the trial the Court can still judge the case if there is a Reserve Court Secretary; otherwise the replacement is suspended.
What? 350. The presence of an observer.
1. Check out the same level of inspection at the same level as the right to execute the right of the prosecution, if the prosecutor is absent, the trial is delayed. For the case with serious, complex nature, there may be multiple police officers. The prosecutor's case could not be present at the trial, where the Reserve Officer was present at the trial from the beginning to be replaced to exercise the right to the prosecution, which checked the trial at the trial.
2. The case of the inspection of the prosecutor is changed or could not continue to practice the right of prosecution, examination of the trial without the Alternate Examination to replace the trial of the trial.
What? 351. The presence of the defense, the defender of the right and the legitimate interests of the harm, the incumbent, the accuser, who has the rights, the obligation concerning appeal, the appeal.
1. The person who defended, the defender of the right, and the legitimate interests of the hurt, the person of the appeal, who had the rights, the obligation concerning the appeal, the protest summoned to the trial, was present at the trial. If a man is absent, the council shall deal with it:
a) The case of the first absenters for the first time for any resistance or the objective of the objective is to delay the trial, except for the case of the accused consent in the absence of a plea. The case of the absenters was not due to any resistance or not due to an objective obstacle or a second valid recall which was still absent, the Court went on trial.
The case must specify the prescribed person at 1 Article 76 of this Code to which the person's absenters must postpone the trial, except for the accused or the agent of the accused.
b) The case of the appeal, who has the right, the obligation to involve the appeal, the protest is harmed, the person and their agent, the defender of the rights and the legitimate interests of the harm, is in the absence of no cause or not. The trial is due to a trial. In case these people are absent for inpossibility or due to objective impediability, the Council of Judges may conduct trial, but do not release the sentence or decide without the benefit of the harm.
c) The defendant has an appeal or an appeal, which is appealed if absent due to an unimpediable reason or due to an objective impede that the Board may still conduct trial but not be released, decided not to benefit the accused. If the absence of the accused is due to an unimpediability reason or due to the objective obstacle and absence that does not impede the trial, the Council of Trial continues to conduct trial.
2. When the trial is needed, the Court of Appeal decides to summon others to join the trial.
What? 352. Delay the appeals court.
1. The Court of Appeal is only adjourn when belonging to one of the cases:
a) There is one of the prescribed bases at the terms 52, 53, 349, 350 and 351 of this Code;
b) You need to verify, collect the evidence, document, document, object that cannot be done right at the trial.
The case is delayed, and the case has to be retried from the beginning.
2. The time of the trial adjourn and the decision to postpone the appellate trial is made as specified in Article 297 of this Code.
What? 353. Supplement, review of evidence, documents, objects
1. Before the trial or at the Court of Appeal, the Institute of Examination may or at the request of the Court add new evidence; the person who appealed and the person has rights, the obligation concerning appeal, appeals, the defense, the defender of the right. And the legal benefits of harm, of course, have the right to add evidence, documents, objects.
2. Old evidence, new evidence, documents, additional new items must all be considered at the appeals court hearing. The appeals court has to be based on both old evidence and new evidence.
What? 354. Appellate session procedure
1. The procedure of starting the trial and litigation proceedings at the appeals court session was conducted as the preliminary trial but before the trial, a member of the Council of the jury presented the summary of the case, the decision of the preliminary sentence, the appeals content. Foxes, appeals.
2. The presiding officer asked the accuser to change, add, withdraw the appeal; if any, the presiding judge asked the Officer to present the comment on the change, the addition, withdrawal of the appeal.
The presiding officer asked the officer to examine the change, add, withdraw the appeal; if any, the presiding officer requested the defendant and those involved in the appeal to present the comment on the change, the addition, withdrawal of the appeal.
3. When litigants at the trial, the Examination, the other in relation to the appeal, appealed the comment on the appeal content, the appeal; the examination of the Examine ' s views on the examination of the case.
What? 355. The jurisdiction of the Court of Appeals for the preliminary sentence.
1. The Court of Appeals for the Court of Appeal has the right:
a) Not accepting appeals, appeals, and retention of the preliminary sentence;
b) Edit the preliminary sentence;
c) Cancel the preliminary sentence and move the case file to reinvestigate or retrial;
d) Cancel the preliminary sentence and suspend the case;
The suspension of appeals.
2. The Court of Appeal has been in the legal effect since the day of sentencing.
What? 356. Do not accept appeal, protest and hold the preliminary sentence.
The Court of Appeal did not accept appeal, appeal, and upheld a preliminary sentence when it was found that the decisions of the preliminary sentence were based and correct in law.
What? 357. Edit the preliminary sentence
1. When there is a base that determines the preliminary sentence that has been wrong with the nature, the extent, the consequences of the offense, the defendant or having a new condition, the Court of Appeals for the Court of Appeal has the right to correct the preliminary sentence as follows:
a) exempt from the criminal duty or immunity to the accused; do not apply the additional punishment; do not apply the judicial measure;
b) Apply, paragraph of the Criminal Code for lighter offenses;
c) Reducing the penalty for the accused;
d) Reducing damages and corrects of physical treatment decisions;
Transfer to other penalties of the lighter type;
e) Hold up or reduce the level of imprisonment and for a suspended sentence.
2. The case of the Institute for Examination Of The Appeal or the Required Harm, the Court of Appeals for the Court of Appeal may:
a) An increase in the penalty, the applicable article, paragraph of the Code of Criminal Code of Crimes; the application of the additional punishment; the application of the judicial measure;
b) Increased damages;
c) Turning to other penalties of the heavier type;
d) Not for suspended sentences.
If there is a base, the Board can still reduce the punishment, apply it, the Penal Code for lighter offenses, transfer to other penalties of the lighter, keep the penalty penalty level and for the suspended sentence, reducing damages.
3. The case with the base, the Court of Appeals for the Court of Appeals may amend the prescribed preliminary sentence in paragraph 1 Article for the accused not to appeal or not be appealed, the appeal.
What? 358. Cancel the preliminary sentence for reinvestigating or retrial.
1. The Court of Appeals for the Court of Appeals resciners the preliminary sentence for reinvestigation in the cases:
a) There is a basis that the appellate pretrial, the offender, or the prosecution, the investigation of heavier crimes than the charges have been declared in the preliminary sentence;
b) The investigation at the fully incomplete preliminary level that the appellate level cannot be added;
c) There is a serious breach of proceedings during the investigation phase, the prosecution.
2. The Court of Appeals for the Court of Appeals rescints the preliminary sentence for retrial at the preliminary level with the new trial council component in the cases:
a) The preliminary trial committee is not correct in the part in which this Code rules;
b) There is a serious breach of proceedings during the preliminary trial period;
c) He was declared guilty by the Supreme Court, but given the grounds that the person committed a crime;
d) As long as the criminal task, exempt from punishment or applying the judicial measure to the defendant is not based;
The preliminary sentence has a serious error in the application of the law but not under the case of the Court of Appeals for the Court of Appeal under the provisions of Article 357 of this Code.
3. When you cancel a preliminary sentence to reexamine or reexamine, the Court of Appeals for the Court of Appeals must specify the reason of the cancellation of the preliminary sentence.
4. When cancing the preliminary sentence for retrial, the Appeals Board of Appeals does not decide before the evidence that the Circuit Court should accept or need to dismiss, nor the previous decision on the point, paragraph, article of the Criminal Code to apply. And the punishment for the accused.
5. The case of the cancellation of the preliminary sentence for retrial or retrial that the detention deadline for the defendant has expired and is found to continue the detention of the accused, the Court of Appeals for the Court of Appeals decided to continue the arrest until the inspection or trial. The court granted the case the case.
In the 15-day period since the day of the declaration of the preliminary sentence, the case file must be transferred to the Institute of Examination or the Court of Jury to address the general procedure prescribed in this Code.
What? 359. Cancel the preliminary sentence and suspend the case.
1. When one of the bases stipulated at paragraph 1 and paragraph 2 157 of the Code, the Court of Appeals for the Court of Appeals for the Court of Appeals annulled the preliminary sentence, the claim was not guilty and suspended the case.
2. When one of the bases stipulated at 3, 4, 5, 6 and 7 Article 157 of the Code, the Court of Appeals for the trial of the appellate and suspended sentences.
What? 360. Re-investigate or reexamine the criminal case.
1. After the Court of Appeals for the Court of Appeals rescinsects the preliminary sentence to investigate, the Agency for Inquisition, the Institute of Examination and the Court of Appeals have the authority to conduct an investigation, prosecute, retrial the case according to the common procedure prescribed in this Code.
2. After the Court of Appeals for the Court of Appeals for the Trial of Appeals for a trial, the Court granted the authority to conduct a trial in accordance with the general procedure prescribed in this Code.
Article 361. The jurisdiction of the Court of Appeals for the preliminary decision.
1. The Court of Appeal has the right:
a) Not accepting the appeal, the appeal and retention of the Constitutional Court ' s decision to determine the decisions of the Court of Questioning with the base and the right of law;
b) Edit the decision of the Court of Appeal;
c) Cancel the decision-level Court decision and move the case file to the Circuit Court of Appeal to continue to resolve the case.
2. The appellate decision has legal effect since the decision-making date.
What? 362. Appellate procedure for the preliminary decision
1. When the appellate to the alleged preliminary decision, the appeal, the Court of Appeals for the Court of Appeals must summon the appeal, the defender, the defender of the right and the legitimate interests of the incumbent, who has the rights, the obligation concerning resistance. Foxes, appeals to the session. In case they were absent, the Court of Appeals for the Court of Appeals continued the session.
2. In the 15-day period since the day of the filing of the case file, the Court must open the session to review the alleged preliminary decision, the appeal.
In the 10-day period since the decision to open the session, the Court of Appeals for the Court of Appeal must open the session. In the 2-day period since the decision date, the Court must transfer the case file with the decision to open the session to the Institute of the same level. In the 5-day period since the date received the case file, the examination institute must pay the case file to the Court.
3. At the session, a member of the Appeals Board of Appeals presents the summary of the preliminary decision content, appeals content, appeals and evidence, documents, accompanying items (if any).
The Audit Institute checked the same level at the session and stated the view of the Security Council regarding the settlement of the appeal, the appeal before the Court of Appeals for the Court of Appeal decision.
Fifth Part
SOME REGULATIONS ON THE ENFORCEMENT OF THE SENTENCE, THE COURT ' S DECISION
THE SENTENCE, THE DECISION TO BE ENFORCED IMMEDIATELY AND THE AUTHORITY TO DECIDE THE EXECUTION OF THE EXECUTION
What? 363. The verdict, the Court ' s decision was enforced immediately.
The case of the accused is being held in which the Court of Appeals decides to suspend the case, the claim is not guilty, exempt from criminal responsibility, immunity to the accused, the penalty is not punishment or imprisonment but for a suspended sentence or when the time. Imprisonment or shorter term of imprisonment, the sentence or decision of the Court to be executed immediately, although it may still be appealed, the appeal.
The penalty was executed at the trial.
What? 364. The authority and the procedure to determine the execution of the execution.
1. The Chief Justice of the Court judge has the authority to have the authority to determine the execution of the court or delegate to the Chief Justice of the other Court and the decision of the execution of the court.
2. The deadline for execution of the trial is 7 days from the date of the sentence, the preliminary decision that has the effect of law or since the date received the verdict, the decision of the appellate, the decision to the director, the decision to retrial.
In the 7-day period since the date of the decision to trust the execution of the Chief Justice of the Court, the Court of Justice is mandated to determine the execution of the court.
3. The case of a person convicted of a prison sentence is on the bail of a prison sentence which must be specified in the 7-day period since the date of the decision, the person must be present at the body of execution of a district-level public law enforcement court to enforce the execution.
In the case of a convicted prisoner who is on bail, the Court of Justice has decided to enforce the execution of the law enforcement agency, where he is sentenced to death, where he is sentenced to death.
What? 365. Explaining, fixing the verdict, the Court ' s decision.
1. The criminal execution body, the civil court exam body, the Institute of Examination, who was convicted, of being harmed, in connection with the enforcement of the court entitled to ask the Court to issue a sentence, the decision to explain, correct the unknown points in the verdict, the decision. To be executed.
2. The presiding judge of the trial has issued a verdict, the decision to have the responsibility to explain, correct the unknown points in the verdict, the Court ' s decision. The Court of Judges presiding over the trial cannot be done, and the trial, corrected by the Chief Justice of the Court, makes the decision.
What? 366. Addressing the petition to the verdict, the Court ' s decision.
The case of the criminal execution body, the civil law enforcement agency petits for a review of the verdict, the Court's decision on the procedure of the jury, retrial, the Court has the authority to respond to a 90-day sentence since the date of the adoption. Written by the text. In the case of complex cases, the answer deadline may last but not more than 120 days from the date of receiving the petition text.
SOME PROCEDURES FOR EXECUTION OF DEATH SENTENCE, TRIAL FOR IMPRISONMENT BEFORE THE CONDITIONAL DEADLINE, DELETING THE CHARGE.
What? 367. Procedure to review the death sentence before execution
1. The procedure to review the death sentence before the execution is done:
a) After the death sentence is legally valid, the case file must be sent immediately to the Chief Justice of the Supreme People 's Court and the sentence must be sent immediately to the Institute of High People' s Examination Institute;
b) After having reviewed the case file to decide whether to appeal or decide not to appeal to a jury or a retrial, the Supreme People 's Court must move the case file to the Supreme People' s Homicide Institute. In the 01-month period from the date of receiving the case file, the Supreme People 's Examination Institute must return the case file to the Supreme People' s Court;
c) In the 02-month period since the date of the receiving of the case file, the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute of Supervisor Control must decide the appeal or decision not to appeal the jury or retrial;
d) In the 7-day period since the date of the verdict of the law of law, the condemned person was sent for a reduced amnesty to the President of the country;
The death sentence was enforced if the Chief Justice of the Supreme People's Court and the Supreme People's Institute for the Supreme People's Control of the Supreme People did not appeal to either the judge or retrial procedure and the condemned person did not apply for a decline in the President of the country.
When the case of the death sentence was appealed to the judge or retrial of the jury, the Supreme Court retrial of the Supreme People's Court decided not to accept the appeal and upheld the sentence of death, the Supreme Court of the People. Inform the condemned man so that they will apply for a sentence of death penalty.
e) The case of the condemned person has the application of a death penalty, the death sentence was enforced after the President of the country applied for a pardon.
2. When there is a regulation base at paragraph 3 Article 40 of the Criminal Code, the Chief Justice of the Court judge did not judge the execution of the death sentence and report the Chief Justice of the Supreme People ' s Court to see.
Sentence of death penalty to the condemned man.
What? 368. Procedure for pre-term imprisonment
1. Camp; Camp Security, Department of Defense, Department of Defense, Department of Public Security Criminal Justice, Department of Military District Court enforcement authorities have a responsibility to file a pre-term parole and transfer to the hospital. The provincial population, the Military Military Police Department, the Provincial People's Court, the Military District Court, where the inmates are now accepting prison sentences.
Pre-term parole offer file:
a) A petition for imprisonment before the time of the inmate accompanied by a committed non-violation of the law, obligations to accept when pardoned before the statute of limitations;
b) The copy of the sentence has the effect of law; the execution of the execution;
c) The copy of the decision to reduce the deadline for imprisonment of prison punishment for people convicted of serious crime returns;
d) The document, the document that expresses the acceptance of the additional punishment is the punishment of money, fees, civil obligations;
The document of the individual, the family's family circumstances;
e) The results of the disposal of a quarterly prison sentence, 06 months, year; decision of commendation or confirmation of the authority of the authorized body for a public offender (if applicable);
g) The text offer to spare before the deadline of the filing agency.
2. Text of the pre-term acquit of the filing agency for the main content of the following:
a) number, day, month, year of text;
b) Their name, the office, the signor of the authority of the authority,
c) Their name, the sex, the year of birth, the residence of the prisoner, where the prisoner departs the time of the trial;
d) The time of the prison was accepted, and the time of the prison sentence shall be left;
Receive and recommended the case of the case.
3. In the 15-day period since the date of receiving the pre-term jail term, the Provincial People ' s Voter Inspection, the Military District Military Police Department must issue a document expressing a view of the pre-term parole offer. The condition of the recommendation agency.
A review case requires the case to add a document to the document again, for a 3-day period from the date that is required, the case agency must add the document and send it to the Institute for the examination, the Court.
4. For a 15-day period from the date received the case of the recommended body, the Chief Justice of the Provincial People ' s Court, Chief Justice of the Military District Court must open a parole session before the conditional deadline; the concurrent with a written notice. I'm going to have to go to the hospital for the next level. A Court case requires that the case of a document to add a document, for a 3-day period from the date that received the request, the case agency must add the document and submit it to the Court, the Institute of Examination.
5. A pre-term acquit for the conditional deadline of the Chief Justice and 2 Judges, due to the Chief Justice as Chairman of the Board.
6. At the session, a member of the Concourse presents a summary of the proposed case. The observer presents the examination of the examination of the examination of the parole review prior to the recommended period of the recommended body and the compliance of the law in the trial, the decision to acquit prison before the conditional deadline. The agency representative set up a petition that could present the additional to clarify the offer of parole before the deadline.
7. Pre-term precuration session with reindexed condition. The text of the date, month, year, location opens the session; the component participate in session; content, session of session sessions and the decision of the Council on the acceptance of or not accepting the offer of parole before the conditional deadline. With every prisoner.
After the session end, Check the session editor, request the modifications, add (if available) to the session editor; The Speaker must check the document, along with the signing session secretary.
8. In a 3-day period from the date of the decision to spare imprisonment before the conditional deadline, the Court must submit a decision to the inmate, the Institute for the same degree, the Direct Level Control Institute, the recommended authorities, the Court has decided to settle. The law enforcement agency, the district office, the district office, the Military District, the township, the town, the town where the person is spared the prison term, the military unit was entrusted to the person, and the judiciary where the Court had made a decision. The headquarters.
9. Shortly after receiving a decision to acquit a pre-term jail term, the detention facility must organize this decision and make the procedure for the decision to acquit preconditions prior to the conditional deadline. In the time of the trial that the person who is spared before the conditional term does not violate the provisions at paragraph 4 That of the Criminal Code, when the trial timed out, the body of public execution of Public Security. May, the body of a military-level criminal execution facility where they have the responsibility to grant a certificate of acceptance of the prison sentence.
10. The event of a person who is pardoned before the statute of limitations stipulated at paragraph 4 of the Code of Criminal Code, the body of the execution of the Criminal Justice Act, where the person is pardoned before the time of residence, the military unit. is assigned to the person who has to file a transfer to the Institute for a trial and the Court has decided to go to jail before the deadline is due to review, cancel the decision, and force the person to accept the prison penalty. Not yet.
In the 5-day period from the date of receipt of the proposed file, the Court must open the session for review, the decision.
For a period of 3 days from the date of the decision to cancel the pre-term imprisonment decision, the Court must submit a decision to the agency, the individual stipulated at paragraph 8.
11. The Institute of Examination has the right to appeal, the inmate who has the right to complain to the decision to accept or not accept the offer of parole before the conditional deadline, the decision to cancel the parole decision before the conditional deadline.
The procedure, procedure, authority to resolve the appeal, the complaint of regulatory decisions at this paragraph is now specified in Chapter XXII and Chapter XXXIII of this Code.
What? 369. Procedure Deletion Procedure
1. In the 5-day period since the date of the recipient ' s request to be cleared of the charge and found there is sufficient regulation in Article 70 of the Criminal Code, the judicial governing body of judicial theory-level justice database is that they are not available. I'm sorry
2. The prescribed cases at Article 71 and Article 72 of the Criminal Code are the deletion of the case by the Court of Decision. The convicted person must have a court order that tried to file a trial for the authorities of the government, the ward, the town where they reside or the agency, the organization where they work, to study.
In the 3-day period since the date of the defendant ' s application, the Court tried to remove the document for the examination of the case to the Institute for the same level. In the five-day period since the adoption date of the document, the Institute of the Examination Jointly has written opinion and retransfers the document to the Court.
If the examination is eligible for a period of 5 days from the date of receiving the document passed by the Institute of Control, the Chief Justice of the Court tried to remove the case; the case was not qualified, and the case was decided to obtain the case.
In the 5-day period since the decision to clear the case or decide the application to remove the case, the Court has decided to submit this decision to the convicted person, the same-level inspection, the township government, the ward, the town where they reside. shelter or agency, organizing where they work, learning.
Sixth part.
RECONSIDERING THE SENTENCE AND DECIDED TO HAVE LEGAL EFFECT.
CHIEF JUSTICE
Article 370. The nature of the judge.
The jury was reconsidering the verdict, the Court's decision was to take effect, but was appealed for the discovery of a serious violation of the case.
What? 371. The base to appeal to the procedure for the director of the judge
The verdict, the Court ' s decision to have the legal effect of law being appealed in accordance with the director of the jury when there is one of the bases:
1. concluded in the verdict, the Court ' s decision was not consistent with the objective details of the case;
2. There is a serious breach of proceedings in the investigation, prosecution, trial that led to serious misconduct in the settlement of the case;
3. There is a serious mistake in the application of the law.
What? 372. Finding the verdict, the decision has taken the legal effect of retrial by the judge ' s procedure.
1. The person who was convicted, the agency, the organization and every individual had the right to detect violations of the law in the sentence, the Court ' s decision has taken effect on the law and informed the person with the authority to appeal.
2. The Provincial People 's Court carried out the examination of the verdict, which decided to have the legal effect of the District People' s Court to detect violations of the law and petition of the Chief Justice of the High Court, Chief Justice of the Supreme People ' s Court review of appeal. All right
The military court granted the military's examination, decided to have the regional military court's legal effect to detect violations of the law and petit the Chief Justice of the Central Military Court to review the appeal.
3. When carrying out the trial of the trial, examination of the trial or through other sources of information that the Court, the Institute of Examination Detection of the violation of the law in the sentence, the Court ' s decision to have legal effect is immediately written to the court. You have the authority to appeal.
What? 373. Those with the right to appeal under the judge ' s director
1. Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People ' s Control has the right to appeal under the procedure of director of the jury, the decision has been in the legal effect of the High Court of People; the verdict, the decision has been the law of the Court. Otherwise, the decision of the Supreme Court of the People's Court of Supreme Court.
2. Chief Justice of the Central Military Court, the Central Military Police Institute of Military Police have the right to appeal to the procedure of director of the jury, the decision to have the legal effect of the Military District Military District Court, the Regional Military Tribunal.
3. Chief Justice of the High-Level People 's Court, the High-Level People' s Institute for the High School of Human Rights has the right to appeal to the procedure of director of the jury, the decision has taken the law of the Provincial People 's Court, the District People' s Court within the jurisdiction. According to the territory.
What? 374. The procedure announced the verdict, the Court 's decision had the legal effect of retrial in accordance with the judge' s procedure.
1. Upon the discovery of a violation of the law in the verdict, the Court ' s decision was to have legal effect the person convicted, the body, the organization, the individual informed by writing or presenting directly to the person with the authority to protest or with the Court, the Institute of Control. The nearest place is with evidence, documents, objects (if any).
2. The message text has key content:
Day, month, month, year;
b) Name, address of the agency, organization, individual message;
c) The verdict, the Court ' s decision to have the law of law being found to be in violation of the law;
d) A breach of the law of the law was discovered;
) The petition for the authority to review the appeal.
3. The person who informs is that the individual must sign or point out; the agency case, the organization informs, the agency is under the law of the agency, the organization must sign the name and stamp it.
What? 375. The procedure continued to announce the verdict, the Court 's decision had the legal effect of retrial in accordance with the judge' s procedure.
1. When a written notice is received, the Court, the Institute of Police, must enter the notification register.
2. When the person is convicted, the agency, the organization, the individual who presents directly on the violation of the law in the sentence, the Court ' s decision has taken legal effect, the Court, the Institute for Examination Must Be Compiled; if the interpreter provides evidence, documents, objects, The Court, the Chamber of Corrects, has to compile the record. It is indexed in accordance with the Act 133.
3. The court, the Institute for Examination Received the notice, set the receipt immediately, the document accompanying the evidence, document, item (if any) to the person with the authority to protest and inform the condemned person, the agency, the organization, the individual who had ants. I suggest you know.
What? 376. Move the case file to review the appeal according to the judge ' s procedure.
1. The case should be required to study the case file to review appeals according to the procedure of the judge, the Court of Supervising has the authority to ask in writing to the Court that is managing the case file transfer case.
In the 7-day period since the date of receiving the requested text, the Court is administing the case file to transfer the case file to the Court, the Institute of Police has requested.
2. The case of the Court and the Institute for the Examination with the required text, the Court is managing the case of a case transfer case to the prior request agency and informed the following request agency.
What? 377. The suspension of the sentence was suspended, and the decision was made to appeal to the jury.
The decision was made to appeal to the verdict, and the decision was made to have legal effect, and the decision was made to determine the execution of the sentence, the decision.
The decision to suspend the sentence was suspended, and the decision was made to be sent to the Court by the appeal of the Court, the Institute for Examination Of The Trial, the Court of Appeal, and the Court of Justice.
What? 378. The decision to appeal to the director of the judge
The decision to appeal the director of the judge has the main content:
1. Number, day, month, year of decision;
2. People with authority to make decisions;
3. Number, day, month of the sentence, the decision to be appealed;
4. Review, analysis of the violations of the law, the mistake of the verdict, the decision to be appealed;
5. The law base to decide the appeal;
6. The decision to make a full appeal or part of the sentence, decision;
7. The name of the Court has the jurisdiction of the director of the case;
8. The request of the protesters.
What? 379. The deadline for appeal according to the judge ' s procedure
1. The protest in an unfavorable direction for the condemned person has only been conducted in the 01-year term since the date of the sentence, the decision to take effect on the law.
2. The appeal in the direction of the benefit of the condemned person can be conducted at any time, both in the case of the deceased convicted by the need to exonerate them.
3. The civil appeal in the criminal case to the incumbent is carried out in accordance with the rule of law on civil proceedings.
4. If there is no base to appeal to the procedure of the judge, the person with the right to appeal must respond in writing to the agency, the organization, the individual who has petit to know the reason for not the appeal.
What? 380. Send a decision to appeal to the judge.
1. The decision to appeal the director of the right to immediately send the Court to the verdict, the decision to have the legal effect appealed, the condemned, the criminal execution body, the jurisdiction of the civil court with authority and others of the right, I mean, the obligation to do with the appeal.
2. The Supreme Court of Appeals for the Supreme People's Court decides that an appeal with a case file must be sent directly to the Court with the jurisdiction of the judge.
In the case of the Chief Justice of the Supreme People's Court, the Chief Justice of the Central Military Tribunal, the decision to appeal the case with the case file must be sent immediately to the competent examination.
The court has the jurisdiction of the judge to submit an appeal decision accompanying the case file to the Institute of the same level. In the 30-day period since the date received the case file, the Institute of Examination has to send a case file to the Court.
3. The case of the Supreme People 's Control Institute, the Supreme People' s Institute for Human Examination, the National Institute for Military Control of the Central Military Service, the decision to appeal the case with the case file must be sent directly to the Court with the jurisdiction of the director. Yeah,
Article 381. Change, supplement, withdrawal
1. Before opening the trial or at the hearing of the jury, the appeal has the additional right, changing the appeal if not over the deadline of the appeal. The addition, the change of protest before opening the trial must be taken by decision and submitted as prescribed at 1 Article 380 of this Code. The addition, the change of protest at the trial was written to the transcript of the trial.
2. Before the start or at the trial of the judge, the appeal has a right to withdraw part or the entire protest. The withdrawal of the appeal before opening the trial must be made by decision; the withdrawal of the appeal at the trial was written to the border of the trial.
3. The case of withdrawing an entire appeal before opening the trial, the Court Chief Justice has the jurisdiction of the judge to decide the suspension of the judge. In the case of a full appeal at the trial, the jury decided to suspend the jury.
In the 02-day period since the decision's decision, the Court sent a decision to suspend the judge's trial for those prescribed at 1 Article 380 of this Code and the Institute of the same level.
1. The committee of the High Court of the People 's High Court of Appeals by the jury of three judges to the verdict, the decision to have the legal effect of the Provincial People' s Court, the District People ' s Court in the scope of jurisdiction under the armed territory. All right
2. The plenum council of the High Court of the People's Court of Appeal to the verdict, decided to have the legal effect of the Court of the People specified at 1 Article but have complex properties or sentences, the decision was made by the Justice Commission. The High Court of the People's High Court of Appeals for the Board of Appeals consists of three Judges but does not agree to vote through a decision on the settlement of the case.
When the judge is appointed by the Committee of the High Court of the Supreme Court, at least two-thirds of the total members are involved, due to the Chief Justice of the Supreme Court presiding over the trial. The decision of the plenum of the Committee of Judges must be more than half the total number of members to vote; if not half the members of the plenum of the Board of Justiers approve, the trial shall be postponed. In the 30-day period since the decision's decision to postpone the trial, the Council of Judges shall open the trial.
3. Committee of the Central Military Tribunal for the Court of Justice on the verdict, decided to have the legal effect of the Military District Military District Court, the Military Court of the Regional Military Tribunal. At the trial of the jury, there must be at least two-thirds of the total membership of the Central Military Court of Appeals to participate, due to the Chief Justice of the Central Military Tribunal presiding over the trial. The decision of the Committee of Judges must be more than half the total number of members of the voting vote; if not half the members of the Committee for the approval of the Judges shall be adjourn. In the 30-day period since the decision to delay the trial, the Committee of Judges must open the trial.
4. The Supreme Court of Appeals for the Supreme Court of Appeals for the jury of five judges on the verdict, decided to have the legal effect of the High Court of People's Court, the Central Military Tribunal being appealed.
5. The plenum of the Supreme Court of the People ' s Court on the Supreme Court of Appeals for the verdict or decision has been in effect the law stipulated at paragraph 4 This but has complex properties or sentences, the decision was made by the Supreme Court Justice Council. The jury was appointed by the jury of five judges, but did not agree on the decision to resolve the case.
When the Supreme Court of the People's Court judge shall have at least two-thirds of the total participation, as the Chief Justice of the Supreme Court is presiding over the trial. The decision of the Council of the Supreme Court of the Supreme People's Court must be more than half the total number of members of the voting vote; if not half the members of the National Council of Justiers approve, the trial should be postponed. In the 30-day period since the decision's decision to postpone the trial, the Council of Judges must open the trial.
6. The verdict, the decision to have the legal effect of being appealed to the authority of the judges of various levels, the Supreme Court of the Supreme Court of the Supreme Court of the Court.
What? 383. The participants of the jury trial.
1. The jury trial must be attended by the Supervisor Institute for the same level.
2. The case of whether it is necessary or whether the base corrects a part of the sentence, the decision has taken effect, the Court must summon the condemned man, the defense and those with rights, the obligation in connection with the appeal to the jury session. If they were absent, then the jury trial was still under way.
What? 384. Prepare the jury trial.
The Chief Justice of the Court assigned a judge to be a member of the Board of Judges as a presentation on the case. The summary presentation of the case and the sentences, the decisions of the courts, the contents of the appeal.
The presentation and relevant documents must be sent to the Board of Supervisor Board members at the beginning of 7 days prior to the opening of the trial of the jury.
What? 385. The extension of the jury trial
In the 4-month period from the date of the decision to be decided to be accompanied by the case file, the Court has the jurisdiction of the judge to open the trial.
What? 386. Chief Judge of the jury
1. After presiding over the trial of the trial, a member of the Council of directors presents the presentation of the case. Other members of the Council of the Board of directors asked to add a lecture judge on the unknown points before deliberation and to give his opinion about the settlement of the case. At the event of the emergency inspection, the police officer presented the appeal.
2. The case of the condemned man, the healer, who has the rights, the obligation concerning the protest present at the trial, these people are presented with opinions on the issues that the Council of Appeals required.
The audits stated the opinion of the Security Service on the decision to appeal and the settlement of the case.
The prosecutor, who was involved in the jury's hearing on matters relating to the settlement. The presiding officer must facilitate the inspection of the prosecutor, the participant in the proceedings of the opinion, the democratic debate, the equality before the Court.
3. The members of the Board of directors judge their opinions and discuss. The board of directors decided on the resolution of the case and announced the decision to resolve the case.
What? 387. The scope of the jury.
The board of directors must consider the entire case without only a limitation in the content of the appeal.
What? 388. Jurisdiction of the Board of Judges
1. Do not accept the appeal and hold the sentence, the decision has made the legal effect of the appeal.
2. Abort the verdict, the decision has taken effect on the law and upheld the sentence, the right decision by the Court of Appeals, or the Court of Appeals for the Court of Appeal, to correct the law.
3. Cancel the verdict, the decision has taken effect on the law to reinvestigate or retrial.
4. Cancel the verdict, the decision has been in effect of law and suspension of the case.
5. Edit the verdict, the decision has been in the legal effect.
6. Suspation of the judge.
What? 389. Having not accepted the appeal and upheld the sentence, the decision has taken legal effect of the appeal.
The board of directors did not accept the appeal and upheld the verdict, and decided to have the legal effect of the appeal when the verdict was found, and the decision was based on the basis of the law.
What? 390. Cancel the verdict, the decision has taken effect on the law and upheld the sentence, the correct decision by the Court of Jury or the Court of Appeals to be canceled, correct the law.
The board of directors decided to cancel the verdict, decided to have the legal effect and upheld the sentence, the correct decision by the Court of Appeals or the Court of Appeal, but was cancelled, correct the law.
What? 391. Cancel the verdict, the decision has taken effect on the law to reexamine or retrial.
The board of directors of partial or partial discharges, the decision was made to have legal effect to reexamine or retrial if one of the bases specified at Article 371 of this Code. If the trial is canceled, the Board of Judges may decide whether to retrial it from a preliminary or an appellate level.
The case found the need to continue to be detained, and the Council of the Board of directors of the jury decided to hold a detention until the Court of Examination or the Court was reserving the case.
What? 392. Cancel the verdict, decided to have legal effect and suspend the case.
The board of directors of the jury, decided to have legal effect, and suspended the case if one of the bases was specified in Article 157 of the Code.
What? 393. Fixing the verdict, the decision has been in the legal effect.
The board of directors corrects the verdict, decided to have legal effect when there are sufficient conditions:
1. The documents, the evidence in the case file were clear, full;
2. The amendment of the sentence, the decision not to alter the nature of the case, does not deteriorate the status of the condemned, not detrimental to the harm, in person.
What? 394. Director of the jury
1. The board of directors judges the decision to be the director of the name of the Socialist Republic of Vietnam.
2. The director of the jury has the content:
a) The day, month, year, and the opening of the trial;
b) They name the members of the board of directors;
c) The name of the prosecutor practicing the right to the prosecution, the trial of the trial;
) The name of the case, which the council gave to the director of the judge,
The name, age, address of the condemned man and others has the right, the obligation to be related to the decision of the judge;
e) Summary of the case, the decision part of the verdict, the decision to have the legal effect of being appealed;
g) the decision to appeal, the protest base;
h) The approval of the Board of Judges, which must analyze the bases to accept or not accept the appeal;
i) Points, paragraph, the things of the Code of Criminal Procedal, the Criminal Code that the Board of directors judges to make decisions;
The decision of the Council of Judges.
What? 395. The validity of the judge 's decision and the sending of the judge' s decision.
1. The decision of the Board of Judges to take effect on the law since the decision date.
2. In the 10-day period since the decision date, the Board of Appeals must submit the decision to the director of the jury to the convicted person, who has appealed; the Institute for the Examination Jointly; the Institute of Examination, the Court of Trial, and the Court of Appeals, the Court of Appeal, and the Court of Appeal; The criminal execs, the civil law enforcement agency, has the authority, who has the rights, the obligations concerning the resistance or their representative; the written notice to the township government, the ward, the town where the person is sentenced to residence or agency, the organization. who was convicted of working, learning.
What? 396. Case transfer deadline for reinvestigating or retrial
If the board of directors decides to cancel the verdict, the decision has taken effect on the law to re-investigate, then in the 15-day period since the decision date, the case file must be transferred to the Institute for the same level to investigate the general procedure. I mean, in this Code.
If the Board of directors decides to cancel the verdict, the decision has taken effect on the law to re-examine the case at the preliminary level or at the appellate level in the 15-day period since the decision date, the case file must be transferred to the Court with authority to review. This is a common procedure in this Code.
RETRIAL PROCEDURE
What? 397. The nature of retrial
Retrial was retrial, decided to have the court's legal effect but appealed for the newly discovered situation that could alter the basis of the sentence's contents, the decision that the Court did not know when the sentence was made, the decision was made.
What? 398. The base to appeal to a retrial procedure.
The verdict, the Court ' s decision to have the legal effect of law being appealed under a retrial procedure when there is one of the bases:
1. There is a base proving the testimony of the witness, the examiner ' s conclusion, the valuation of the asset, the translation of the translator, the translation of which the important points are not true;
2. There is a situation where the Inquisition, the Auditor, the Judge, the Court of Appeals do not know that the conclusion is not right for the verdict, the Court ' s decision to have the law effect is not true the objective fact of the case;
3. The evidence, which is written about the operation of investigation, prosecution, trial, other proceedings, or evidence, documents, other items in the case are either tamper or untrue;
4. Other conditions that make the verdict, the Court ' s decision to have the law effect is not true the objective truth of the case.
What? 399. Inform and verify the newly discovered new circumstances.
1. The person who is convicted, the agency, the organization and every individual has the right to detect the new status of the case and the notification accompanying the relevant documents to the Institute of Examination or the Court. The case of the Court received notice or the discovery of a new state of the case must be notified immediately by the document accompanying the relevant documents to the Institute of Appeals for the Court of Appeals for the appeal of retrial. The Institute of Appeals for the Institute of Appeals has the authority to rejudge the decision to verify those details.
2. The Institute of Examination must verify new circumstances; when the test is needed, the Institute for Examination Authority has the authority to appeal to a retrial of the Court of inquiry with the authority to verify the new condition of the case and transfer the results of the verification to the Institute for the examination.
3. When conducting the new intelligence of the case, the Institute of Examination, the Agency for the Investigative Authority has the right to apply remedied regulatory measures by the Code.
What? 400. Those with the right to appeal under the retrial procedure
1. The Supreme People 's Institute for the Supreme People' s Institute has the right to appeal in a retrial procedure to the verdict, the decision has taken effect on the Court of Ministers ' s law, except for the decision of the Supreme Court Justice Council.
2. The Central Military Institute for Military Examination has the right to appeal in a retrial procedure to the verdict, the decision to have the legal effect of the Military District Military District Court, the Regional Military Tribunal.
3. The Institute of High-Level People's Institute of Human Examination has the right to appeal in a retrial procedure to the verdict, the decision has taken effect on the law of the Provincial People's Court, the District Court of the District of the District of the District of the District of the District of the jurisdiction in accordance with the territory.
What? 401. Recurve appeal deadline
1. The retrial in an unfavorable direction for the condemned person was made only in the time of the regulation of the regulation of regulation at Article 27 of the Criminal Code and the protest deadline is not more than 01 years since the date of the inspection. The new situation was discovered.
2. The retrial in favor of the condemned person is not limited in time and is taken both in the case of the deceased convicted person who needs to exonerate them.
3. The civil appeal in the criminal case for the incumbent is done under the rule of the law on civil proceedings.
What? 402. The jurisdiction of the Retrial Council.
1. Do not accept the appeal and hold the sentence, the decision has made the legal effect of the appeal.
2. Cancel the verdict, the Court ' s decision has taken effect on the law to reinvestigate or retrial.
3. Abort the verdict, the Court ' s decision has taken effect on the law and suspended the case.
4. The suspension of the trial is retrial.
What? 403. Other procedures on retrial
Other procedures on retrial are carried out in accordance with the regulations on the procedure of the appraisal director at the Ministry of Law.
THE PROCEDURE REVIEW THE DECISION OF THE COUNCIL OF THE SUPREME PEOPLE ' S COURT JUDGES
Article 404. The request, the petition, recommended to reconsider the decision of the Supreme People ' s Court Justice Council.
1. When a base determines the decision of the Supreme People 's Court of the Supreme Court to have a serious legal breach or the discovery of a new critical condition that could alter the basic content of the decision the Supreme Court of the People' s Court is on. It is not known when the decision is made, if the Standing Committee of the National Assembly, the Judiciary Committee, the Supreme Court of the People, the Supreme Court of the People's Court, the Supreme Court of the People's Court, the Supreme Court of the People's Court is open. the session to reconsider that decision.
2. The case of the Standing Committee of the National Assembly requires that the Chief Justice of the Supreme Court is responsible for reporting the Supreme Court of the People's Court to review the decision of the Supreme Court Justice Council.
3. In case the judicial committee of the National Assembly, the Institute of Ministers of the Supreme People 's Board of Appeals, the Supreme Court of the People' s Court opened the session to review that petition.
The High Court of the Supreme Court of the People's Court recommended that the Supreme Court of the Supreme Court be open to the meeting.
What? 405. The component attends the session of the Supreme People ' s Court of Judges to review the petition, the offer.
1. The Supreme People 's Institute for the Supreme People' s Institute must attend the session of the Supreme People 's Court of Appeals to review the petition of the Judiciary Committee of the National Assembly, the petition of the Supreme People' s Institute for the Supreme People 's examination or the Chief Justice' s offer. The Supreme People's Court.
2. Representative of the Judicial Committee of the National Assembly is invited to attend the session of the Supreme People ' s Court of Judges to review the petition of the Judiciary Committee of the National Assembly.
3. The case is needed, the Supreme People ' s Court can invite the agency, the organization, the individual who is involved in the session.
What? 406. Prepare to open session review session, offer
1. After receiving the petition of the Judiciary Committee of the National Assembly, of the Institute of Ministers of the Supreme People 's Examination Institute, or after the Chief Justice of the Supreme People' s Court has a written offer to reconsider the decision of the Supreme People ' s Court Judge, the Tribunal. The Supreme People who sent the Supreme People to the Supreme People's copy of the petition text or the offer are accompanied by a case file to the Supreme People's Service to prepare a speech at the conference review.
The Chief Justice of the Supreme People's Court of the Supreme Court of the Court of Appeals for the Supreme Court of the People's Court of Appeals for the Supreme People's Court, decided at the session.
2. In the 30-day period since the date of receiving the petition of the Judicial Committee of the National Assembly, the petition of the Institute of Ministers of the Supreme People 's examination of the Supreme People' s or since the Supreme Court of the Supreme Court has the recommended text, the People ' s Court Judge. The Supreme Council will have to open a session to review the petition, offer it and inform the Institute for the Supreme People's Control of the Time, the opening session to review the petition, the offer.
What? 407. The procedure to open the session to review the petition, offer
1. The Chief Justice of the Supreme People ' s Court of the Supreme Court of the Supreme Court of the Supreme Court presents the summary of the case and the process of solving the case.
2. Representative of the Judicial Committee of the National Assembly, Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People 's Examination, Recommended review of the decision by the Supreme Court of the People' s Court to present the following issues:
a) The motion of the petition, the offer;
b) The petition base, the offer;
c) The analysis of the old evidence and the additional new evidence (if any) to clarify the violation of the serious law in the decision of the Supreme People ' s Court of Judges or the new critical conditions that could alter the basic content of the decision. The Supreme Court of the People's Court.
3. The case of reviewing the petition of the Judicial Committee of the National Assembly or considering the recommendation of the Chief Justice of the Supreme People, the Supreme People 's Institute for the Supreme People' s Examination Of opinions on the basis and legalization of the petition, the offer; specify the view. point and reason unanimously or not to agree with the petition, that offer.
4. The Supreme Court of the People's Court of Appeals for the Supreme Court of the Supreme Court deliberated and expressed in a majority of unanimous or ununanimous vote with the petition, offering a review of the decision of the Supreme Court of the People's Court.
5. The case unanimously with the petition of the Judiciary Committee of the National Assembly, the Supreme People 's Institute for the Supreme People' s Court of Appeals or the Supreme People 's Court' s offer, the Supreme People ' s Court Judge decides on opening the session to review. My decision.
6. All events at the session review the petition, the offer and the decisions passed at the session are inscribed on the session ' s session and the filing review of the petition, the offer.
What? 408. Announcing the results of the session review review, offer
Following the conclusion of the session, the Supreme People's Court of the Supreme Court sent the text announcing the outcome of the session on unanimous or not unanimous of the petition, offering the Judicial Committee of the National Assembly, the Institute of Ministers of the Supreme People's Examination. The notification text must specify the reason of being unanimous or not unanimous with the petition, the offer.
In the absence of unanimous opinion, the Council of the Supreme Court of the Supreme Court, the Supreme Court of the Supreme People's Court, the Supreme Court of the People's Court of Justice have the right to report the Standing Committee. Congress considers it, decided.
What? 409. Appraisal of case files; verify, collect evidence, document, objects, and
1. The case with the request of the Standing Committee of the National Assembly or the decision of the Supreme Court of the People 's Court unanimously reviewed its decision, the Supreme People' s Court held the appraisal of the case filing and organizing the identification of the case. Minh, gathering evidence, documents, objects in case of necessity.
2. The appraisal of the case file, verification, collection of evidence, documents, items to clarify whether or not there is a serious legal breach or whether or not there is a new critical condition that changes the basic content of the Court Justice Council. the supreme people.
What? 410. The deadline to open the session reviewed the decision of the Supreme People ' s Court Judge.
1. In the 4-month period from the date of receiving the request of the Standing Committee of the National Assembly or from the date of the decision of the Supreme People ' s Court of Judges unanimously review of his decision, the Supreme Court Justice Council must be reviewed. Open session.
2. The Supreme People 's Court sent to the Supreme People' s Control of the Supreme People 's Office of Time, the opening of the session to review the decision of the Supreme People' s Court of Appeal accompanied by case records in the case of a request by the Commission. I mean, the Congress.
What? 411. The procedure and authority review the decision of the Supreme People ' s Court of Appeals.
1. The Supreme People 's Institute for the Supreme People' s Institute to attend the session review the decision of the Supreme Court of the People ' s Court of Supreme Court and to give a view on whether or not there is serious or no new state of law. important to alter the basic basis of the decision content of the Supreme People ' s Court of Appeals and the view on the settlement of the case.
2. After hearing the Chief Justice of the Supreme People 's Court report, listen to the opinion of the Institute of Ministers of the Supreme People' s Control, of the agency, the organization, the individual involved in attendance (if any), the Supreme People ' s Court Judge decides:
a) Do not accept the request of the Standing Committee of the National Assembly, the petition of the Judicial Committee of the National Assembly, the Institute of Ministers of the Supreme People 's Examination, Recommended By The Supreme Court of the People' s Court and upheld the decision of the Council of People ' s Court Judge. The supreme,
b) Cancel the decision of the Supreme People ' s Court of the Supreme Court, which rescints the verdict, decided to have the legal effect of violating the law and decision on the case of the case;
c) Cancel the decision of the Supreme People ' s Court of Appeals, the cancellation of the sentence, the decision to have the law effect and determine the responsibility for damages in accordance with the rule of law;
d) Cancel the decision of the Supreme Court Justice Council, which rescinds the verdict, decided to have the legal effect of a violation of the law to re-investigate or retrial.
3. The decision of the Supreme Court Justice Council must be at least three-quarters of the total membership of the Supreme People ' s Court of Judges voting for approval.
What? 412. Submit the decision of the Supreme Court of the People 's Court on review of the decision of the Supreme People' s Court of Appeals.
After the Supreme Court of the People 's Court of Appeals issued one of the regulatory decisions at Article 411 of this Code, the Supreme People' s Court sent the decision to the Standing Committee of the National Assembly, the judicial committee of the National Assembly, the Supreme People ' s Examination Institute, The investigation, the Institute of Police and the Court addressed the case and the people involved.
The seventh part.
SPECIAL PROCEDURE
PROCEEDINGS FOR PEOPLE UNDER 18 YEARS OF AGE
413. Apply scope
Proceedings against the accused, who was harmed, who testified as an 18-year-old under the provisions of the Chapter, at the same time as other provisions of the Code are not contrary to the provisions of this chapter.
What? 414. The principle of impeachment proceedings.
1. Make sure the procedure is friendly, in line with the mentality, age, maturity level, the ability of the person to perceive as much as 18 hours; the guarantee of the right and benefits of the person below 18; ensuring the best benefit of the person under 18 years of age.
2. Secure the personal secret of the person under 18 years of age.
3. Assures the right to participate in the proceedings of the representative of the person under 18 years of age, the school, the youth, who have experience, the knowledge of the mentality, the society, the other organization where people are under 18 years of age learning, labor and living.
4. Respect the right to participate, presenting the opinions of the person under 18 years of age.
5. Secure the right of defense, the right to help the legal help of the person under the age of 18.
6. Secure the disposal principles of the Criminal Code for persons under 18 years of crime.
7. Make sure to resolve quickly, in time of cases involving people under 18 years of age.
What? 415. The man who conducts the proceedings.
The person who conducts proceedings against the case involving an 18-year-old has to be trained or experienced investigation experience, prosecution, trial of the case involving people under 18 years of age, which has a necessary understanding of psychology, educational science for people. under 18 years of age.
416. The issues to determine when conducting proceedings against the accused are the person under 18 years of age.
1. Age, the degree of physical and mental development, the degree of awareness of the offender ' s offense under 18 years of age.
2. Life and Education.
3. Yes or no 18-year-old enough to be instigated.
4. Cause, the condition, the circumstances of the crime.
What? 417. Determining the age of the accused, who is killed as an 18-year-old
1. The determination of the age of the accused, who is killed as an 18-year-old under the authority of the competent authorities to conduct the procedure by law.
2. The case has adopted legal measures that still do not determine the exact date, the date, the year of their birth is identified:
a) The case is dated, but the date is not determined, and the final day of that month is the birth date.
b) The specified case is precious, but not dated, the last of the last month of the month, the month of birth.
c) The case identifies the half of the year but does not specify the date, the month of the last month of the last month of the year, the month of birth.
d) The case was determined by the year, but it did not specify the date, the last of the last month of the month, the month of birth.
3. The undetermined case of the birth year must proceed to determine the age.
418. Supervision for the accused is under 18 years of age
1. The investigation agency, the agency tasked with conducting a number of investigative activities, the Institute for Examination, the Court may make the decision to commit the accused of being under 18 years of age for their agent to monitor to ensure their presence when there is a permit. The agency's convening has jurisdiction over the proceedings.
2. The person tasked with monitoring is obligated to closely monitor the person under 18 years of age, monitor the personality, ethics and educate the person.
The case of people under the age of 18 who has signs of escaping or having the conduct of buying, coercated, inciting others to declare lies, provide false documentation; destroy, tamper with evidence, document, object of the case, the breach of property related to the case; threats. Threaten, control, revenge, harm, crime, criminal whistleers, or relatives of these people or continue to commit crimes, the person who is tasked with oversight must be timely and coordinated with the authorities. It ' s going to be a deterred, it ' s timely.
That's 419. Applying deterred, coercated measures
1. Only apply the deterred, the measure of pressure on the person charged with being under 18 years of age in the case is essential.
It applies only to the person who is accused of being under 18 when there is grounds that the application of surveillance and other prevention is not effective. The detention deadline for the accused is that under the age of 18 equals two-thirds of the detention deadline for the 18-year-old to become prescribed at the Code. When there is no longer a base for temporary detention, the authorities, the authorities must promptly cancel, replace it with other deterred.
2. People aged 14 to under 16 may be kept in case of an emergency, arrested, suspended, detention on a prescribed crime at paragraph 2 Article 12 of the Criminal Code if there is a regulatory base at Articles 110, 111 and 112, points a, b, c, d and clause 2. Article 119 of this Code.
3. People aged 16 to under 18 may be kept in case of an emergency, arrested, detained, detained on serious charges due to intentional, serious crimes, particularly severe crimes if there is a specified base at the terms 110, 111 and 112, points a, b, c, d and Article 2 of Article 119 of this Code.
4. For the defendant, the defendant from the 16-year-old to the under 18-year-old was prosecuted, investigated, prosecuted, on trial for aggravated assault, misdemeanor charges that the penal code stipulated a prison sentence of up to 2 years could be arrested, temporarily suspended, detention if they continue. guilty, run away and be arrested on a wanted warrant.
5. During the 24-hour period since keeping people in the case of an emergency, arrest, hold, detention, who ordered a hold, order or decision to arrest, suspend, suspend the person under 18 years of age must inform their agent.
That's 420. Participation in the proceedings of the representative, the school, the organization
1. The representative of the under-18, the teacher, the teacher, the representative of the school, the youth, the other organization where people under 18 years of age of learning, labor and life are entitled and the obligation to participate in proceedings under the decision of the investigating Authority, Probation, court.
2. The representative of the aged 18-year-old was involved in the opening of testimony, asking the people below 18; giving evidence, documents, items, requests, complaints, complaints; reading, writing, copying documents related to the accusation of people under 18 years of age. in case file after the conclusion of the investigation.
3. Those who stipulate at this 1 Article when entering the trial have the right to give evidence, documents, objects, requests and the offer to change the person who conduct proceedings; speech, debate; complaint of the proceedings of the competent authorities. conduct proceedings and the decisions of the Court.
What? 421. Take the affidavit held in case of an emergency, who is arrested, who is suspended, who is harmed, the witness; asks the bow;
1. When the affidavit is held in case of an emergency, the arrested, who is detained, who is harmed, the witness, asked the body to be under 18 years of age, the authority to conduct proceedings must notice before time, the site takes place. Testimony, asking for the defense, the representative, the defender of the rights and their legitimate interests.
2. The arrest of the person who was held in the event of an emergency, who was arrested, was detained, asked the palace to be in the presence of the defense or their agent.
Taking the testimony of the injured, the witness must have either the agent or the defender of their rights and their legitimate interests in attendance.
3. The person who defended, the agent who could ask the arrested, who was held on hold, was found to be under the age of 18 if asked by the investigator, the Examine agreed. After each taking testimony, the question of the person with the authority ends, the person who is able to defend, the agent can ask the person who is held in the event of an emergency, who is arrested, who is held, the defendant.
4. Time for the testimony under 18 years of age is not more than twice in 1 days and every time no more than 2 hours, except for cases where multiple cases are complex.
5. The time of asking is to be people under 18 years of age not too twice in 1 days and each time no more than 2 hours, except for the case:
a) guilty of organized crime;
b) To pursue other offenders who are fleeing;
c) Stop people from committing crimes;
d) To search for tools, criminal means or other evidence of the case;
The case has a lot of complicated conditions.
6. The person who has the authority to conduct proceedings only conduct a confrontation between the defendant who is under 18 years of age with the defendant, who is accused of elucing the circumstances of the case in the case if it is not possible to resolve the case.
X422. Defense.
1. The person accused of being under the age of 18 has the right to defend themselves or by others to defend.
2. The representative of the 18-year-old who was charged with the right to choose the person to plead or defend himself to the person under 18 years of age is charged.
3. The case of a person accused of being under 18 years of age without a defense or their agent does not choose the person to defend, the Investigated Agency, the Tribunal must specify the prescribed person prescribed at Article 76 of this Code.
423. On trial.
1. Members of the Court of Appeals for a jury must have a jury of a teacher or a youth department officer or an experienced person, understanding human psychology under the age of 18.
2. The special case needs to protect the defendant, which is under the age of 18, the Court may decide on a secret trial.
3. The trial trial accused of being under 18 years of age must be present at the face of the defendant, the school ' s representative, the organization where the defendant is learning, living, except where these people are absent without due to unimpediability or unimpediability. Yeah.
4. The review, arguing with the defendant, is harmed, the witness who is under 18 years of age at the trial is conducted in accordance with age age, their level of development. The courtroom is well-arranged, suited to people under 18 years of age.
5. For the alleged harm, the witness is under 18 years of age, the trial council must limit the contact between the harm, the witness to the defendant when the defendant is harmed, the witness presented the testimony at the trial. The presiding judge may ask the agent, the defender of the right and the legitimate interests of the harm, the witness.
6. When the trial, if there is no need to decide the punishment for the accused, the Board of the Trial applies the education measure at the school of nursing.
7. Chief Justice of the Supreme People ' s Court rules out the trial of the trial of a person under the age of 18 years of the Court of the Family and the minors.
424. Ending the acceptance of education in township, ward, town, education measures at the school of nursing, down or exempt from execution of punishment.
People under the age of 18 who are convicted can be terminated with the acceptance of education in township, ward, town, education measure at the school of nursing, down or exempt from execution of punishment when there is sufficient regulation at Article 95 or Article 96 or Article 96. 105 of the Criminal Code.
That's 425. Delete Case
The deletion of the case to the person below 18 years of age offences when there is sufficient regulation at article 107 of the Penal Code to be performed under the common procedure prescribed in this Code.
What? 426. The authority applies monitoring measures, education to people under the age of 18 who commit crimes that are exempt from criminal duty.
The investigative body, the Institute of Examination, the Court has the authority to decide to apply one of the monitoring measures, the following education for persons under the age of 18 who commit the criminalization of criminal responsibility:
1.
2. Peace in the community;
3. Education in township, ward, town.
What? 427. Sequence, procedure application procedure
1. When the criminal responsibility for the underage of 18 years of age is found to be eligible to apply the measure under the provisions of the Criminal Code, the Chief Executive Officer, Deputy Chief Executive Officer, Deputy Director, Deputy Head of the Security Council, The judge decided to apply the blame to the 18-year-old who committed a crime in the case of his own self-rule.
2. The decision to apply the control measures has key content:
a) Number, day, month, year, year;
b) The name, the office, the scribe of the authority to the decision and stamp of the decision-making body;
c) The reason, the decision base;
d) surname, day, month, year of birth, the residence of the can, the accused;
Crime, point, paragraph, article of the Code of Criminal Code applied;
e) The time of execution of the person being reprimed.
3. The investigation agency, the Institute of Examination, the Court must hand over the decision to apply the blame to the person who is in charge, the parent or their agent.
What? 428. The procedure, the procedure to apply reconciliation measure in the community
1. When the trial is eligible to apply reconciliation in the community under the provisions of the Criminal Code, the Prime Minister, Deputy Chief Executive Officer, the Institute of Ministers, Deputy Director of the Institute for Examination, the Board of the jury decided to apply the reconciliation measure. In the community.
2. The decision to apply reconciliation measures in the community has key content:
a) Number, day, month, year, year;
And their names, and their posts, and their signatures, the decision of the decision, and the seal of the decision;
c) The reason, the decision base;
d) Crime, point, paragraph, article of the Criminal Code applied;
The name of the investigator or the prosecutor or judge is assigned to the reconciliation;
e) Their name, day, month, year of birth, the residence of the can, the accused;
) The name of the wounded.
They named others to the reconciliation;
i) Time, location, reconciliation.
3. The decision to apply reconciliation measures in the community must be handed over to the 18-year-old offender, their parents or their representative; the injured, the representative of the injured and the People ' s Committee, in bed, the town town where the reconciliation organization was held. At the very slow community, there were three days before the end of the reconciliation.
4. When conducting mediation, the Investigated investigator or the Examine or the judge is assigned to the reconciliation process to coordinate with the People's Committee, in bed, the town where the reconciliation is organised and must be made a reconciliation.
5. The reconciliation margin has key content:
a) Location, time, day, month, year of reconciliation, time of start and time of end;
b) The name of the investigator, the prosecutor, the judge is assigned to the reconciliation;
c) They name, day, month, year of birth, the residence of the can, the accused;
And their names, the days, and the month, and the year, were inhabited, and the habitation of the wounded.
Their name, day, month, year of birth, the residence of others who joined the reconciliation;
e) The questions, the answers, the presentation of the participants of the reconciliation;
g) The outcome of reconciliation; people under 18 age, parents or representatives of the under-18 age apologize for the harm and damages (if any); the injured, the representative of the injured who voluntarily reconciled, offered to take no charge of the duty. the criminal (if any);
h) The signature of the investigator, the Audan, and the jury.
6. Shortly after the end of the reconciliation, Detective, Detective, Justice conducted mediation to recon the edited version for the participants. If a person asks for the modifications, the additional investigator, the Inspector, the editor, the editor has to write the modifications, add it to the editor, and sign the confirmation. If you do not accept the request, you must specify the reason for the record. The reconciliation is given to the participants of the reconciliation.
429. The procedure, the procedure to apply educational measures in township, ward, town
1. When the criminal responsibility for the underage of 18 years of age is found to be eligible to apply for education in the commune, ward, town according to the provisions of the Criminal Code, the Deputy Chief of the Census, the Institute of Ministers, The Board of Corrects decided to apply educational measures in the commune, ward, town to the 18-year-old who committed crimes in the case due to the organ's handling of the body.
2. The decision to apply the education measure in township, ward, town has major content:
a) Number, day, month, year, year;
And their names, and their posts, and their signatures, the decision of the decision, and the seal of the decision;
c) The reason, the decision base;
d) surname, day, month, year of birth, the residence of the can, the accused;
Crime, point, paragraph, article of the Code of Criminal Code applied;
e) The deadline applies educational measures in the commune, ward, town;
g) The responsibility of the township government, the ward, the town where the person is applied to this measures reside.
3. In the three-day period since the decision date of the decision to apply the education measure at township, ward, town, the Agency for Inquisition, the Institute of Examination, the Court must hand the decision to the person who applies this measure, their parents or their agent and the government. the right to commune, the ward, the town where they reside.
It's 430. The procedure, the procedure to apply educational measures at nursing school
1. When the trial is not required to apply the penalty, the Board decides on the application of the application of education at the school of education to the person below 18 years of age.
2. The decision to apply the education measure at the school of nursing has major content:
a) Number, day, month, year, year;
Their names, the signatures of the members of the assembly, have made their decision.
c) The reason, the decision base;
d) their names, days, months, year of birth, the residence of the accused;
Crime, point, paragraph, article of the Code of Criminal Code applied;
e) The deadline applies educational measures at the school of nursing;
g) The responsibility of the nursing school where the education of the person is applied to this measure.
3. The decision to apply the education measure at the school of nursing is delivered directly to people under the age of 18 years of crime, their parents or their representative and the school of education where they educate them.
LEGAL PROCEEDINGS FOR CRIMINAL JUSTICE
Proceedings against the suspected legal, the report on the crime, the initiating petition, the investigation, the prosecution, the trial, the execution of the execution is under the provisions of this chapter, and the other provisions of the Code are not contrary to regulation. This is the chapter.
What? 432. The prosecution of the case, changed, added the decision to prosecute the criminal case.
1. When the law is determined by the law, the authorities have the authority to determine the criminal case in accordance with the provisions of Article 143, 153, and 154 of the Code.
2. Base, sequence, procedure of change, the addition of the decision to prosecute the criminal case is carried out as specified in Article 156 of this Code.
What? 433. The prosecution of the defendant, changed, added the decision to prosecute the defendant.
1. When there is enough legal base that has done the behavior in which the Code of Criminal Code is criminal, the authorities have the authority to determine the alleged prosecution of the law.
2. The decision to prosecute the prosecution with the law clearly states the time, the decision-making venue; the surname, the decision of decision-making; the name and address of the legal under the decision of the establishment of the competent authority; the offence, the provision of the Criminal Code. apply; time, place of crime and other conditions of crime.
If the legal prosecution is charged with various crimes, the decision to prosecute the prosecution must be found guilty by the law, and the order of the Code of Criminal Code applies.
3. Authority, sequence, procedure of the prosecution of the can, changes, and the addition of the decision to prosecute the prosecution of the prosecution with the legal entity being executed in accordance with Article 179 and 180 of this Code.
What? 434. The legal representative of the law of the law.
1. All legal proceedings of the law are pursued for criminal responsibility through the person who is represented by the law of the law. The law must be sent and guaranteed by its law to be fully involved in the full activities of prosecution, investigation, prosecution, trial, execution, and the requirements of the authority.
In case the person who is represented by the law of the law is prosecuted, investigated, prosecuted, tried, or unable to participate in the proceedings, and the legal person must send others as a representative under his law to the proceedings. The legal case changes the agent, and the legal officer must inform the authorities of the authority to conduct the proceedings.
At the time of the prosecution, the investigation, the prosecution, the trial by which the legal person was not legally represented by law, or that many people, and the law, the authorities had the authority to conduct the proceedings of the law. Okay.
2. The legal representative of the law of the law to the proceedings must inform the body of the authority to conduct proceedings against them names, dates, month, year of birth, nationality, ethnicity, religion, sex, sex, and office. If there is a change in this information, a representative under the law must inform the authorities of the authority to conduct proceedings.
What? 435. The rights and obligations of the representative under the law of the law
1. The representative under the law of the law has the right:
a) To be informed the results of solving the source of the crime;
b) Known for the legal reasons for which you represent the prosecution;
c), which is informed, is explained in terms of rights and obligations specified in this Article;
d) Be given the decision to prosecute the prosecution with the legit; the decision to change, the addition of the decision to prosecute the prosecution of the law; the decision to rative the decision to prosecute the prosecution of the law; the decision to rative the decision to change, add to the decision. The decision to apply, the decision to apply, to change, to cancel the coercated measure; the conclusion of the investigation; the decision to suspend, the suspension of the investigation; the decision to suspend, suspend the case; the indictment; the decision to take the case to trial; the court, the decision of the Court and the other proceedings under the provisions of this Code;
The testimony, presenting an opinion, is not forced to give testimony against the legal person he represents or is forced to acknowledge the legal person he is guilty of;
e) Give evidence, documents, objects, requests;
g) The offer to change the person with the authority to conduct proceedings, the examiner, the asset valuation, the translator, the translator according to the Code of the Code;
) Self-defense, by the defense of the law.
i) Read, record copies of documents or documents that have been digitized in connection with the accusation, discharges or other copy of the document relating to the defense of the legal case since the end of the investigation when required;
) Join the trial, suggest the presiding judge or ask himself to ask the participants of the trial if the presiding agree; debate at the trial;
l) The following statement before the resolution;
m) See the transcript of the trial, ask for modifications, additions to the trial boundary;
n) The verdict of the Tribunal, the decision of the Court;
o) Decision-making, prosecution of the agency, who has the authority to conduct proceedings.
2. The representative under the law of the law is obliged:
a) There is a summons from the person who has the authority to conduct proceedings. The absence of an unimpediable reason or due to an objective impede may be led.
b) Accept the decision, the request of the agency, who has the authority to conduct proceedings.
What? 436. Legal action against the law.
1. The investigation agency, the agency tasked with conducting a number of investigative activities, the Institute of Examination, the Tribunal may apply the following coerct measures to the prosecution, investigation, prosecution, trial:
a) The receipt of the property concerning the criminal acts of the law;
b) The blockade of the account of the law in relation to the offence of the law;
c) The armistice is only limited to the activity of the legal action in relation to the offence of the law;
d) to submit a sum of money to ensure the execution of the execution.
2. The deadline to apply the coercated measures specified in paragraph 1 This is not too long for investigation, access, trial.
1. The property editor applies to the prosecution of the prosecution, investigation, prosecution, trial on the charges in which the Code of Criminal Code rules the penalty penalty or to ensure damages of damages.
2. The asset margin index corresponds to the degree that may be seized, fines or damages. The compiled property is assigned to the head of the legal person responsible for the preservation; if the consumption, unauthorized use, transfer, swapping, stash, destruction of the stolen property, the person is responsible for the rule of the law. the law.
3. When the receipt of the legit ' s assets must be present to the following:
a) The representative of the law of the law;
b) The township representative, the ward, the town where the property is on the property is listed;
c) The witness.
4. Authority, sequence, procedure of the receipt of assets executed as specified in Article 128 of this Code.
1. Seal the applicable account for the prosecution of the prosecution, investigation, prosecution, trial on charges the criminal Code rules the penalty penalty or to secure damages and has the base to determine that the law has an account at the credit organization or Warehouse. The State Council.
2. The account blockade is also applicable to the account of the individual, another organization if the base determines the amount of money in that account in relation to the criminal offence of the law.
3. Just blockage the amount in the account corresponding to the level that can be fined or compensated for damages.
4. The Agency with the authority to blockade the account must hand over a decision to blockade the account for a credit organization representative or the State Treasury that is managing the account of the individual or the account of the individual, the other organization relating to the offense of I'm sorry
5. Authority, sequence, procedure blockade of the account executed by regulation at Article 129 of this Code.
What? 439. The temporary suspension of the legal action was linked to the criminal offence of the law; forced to submit a sum of money to ensure the execution of the execution.
1. The temporary suspension of the legal action of the law only applies when there is a base defining the criminal behavior of the person causing damage or potentially damaging the lives, the health of the human, the environment, or order, social safety.
The authority stipulated at 1 Article 113 of this Code has the right to make a decision to suspend the statute of limitations of the law. The decision to suspend the action of the legal persons of the designated persons at the point a 1 Article 113 of this Code must be approved by the Institute for the same grant prior to the execution.
The statute of limitations of the operation of the law is not too limited to investigate, prosecute, trial under the provisions of this Code. The suspension deadline for legal convictions is not too long since the sentencing until the time of the law.
2. To submit a sum of money to ensure the execution of the applicable law against the prosecution, investigation, prosecution, trial on the offence the Code of Criminal Code rules or to ensure damages of damages.
It is only forced to submit a sum of money to ensure the execution of the court corresponds to the extent that it may be fined or for damages.
The authority stipulated in paragraph 1 Article 113 of this Code has the right to make a decision to compel the law to submit a sum of money to ensure the execution of the execution. The decision to force the law to submit a sum of money to ensure the execution of the prescribed persons at the point a 1 Article 113 of this Code must be approved by the Institute for the same grant prior to the execution.
The government regulates the procedure itself, the procedure, the amount of money must submit to the execution of the execution; the temporary, reimbursable, payment of the state's state budget has submitted.
What? 440. Summoned a representative by the law of the law.
1. When summoned a representative under the law of the law, the person with the authority to conduct proceedings must send a summons. The paper summons the name, accommodation or work of the representative under the law of the law; now, the date, month, year, the site is present, meeting who and the responsibility for the absence of no cause or not due to objective obstacles.
2. The summons are sent to the representative under the legal or legal law where the person works or the government itself, the ward, the town where the person represents the law of the law residing. The agency, the organization that received a summons, is responsible for the transfer of a summons to the representative under the law of the law.
Upon receiving the summons, the representative under the law of the law must sign and specify the date, now received. A summons of a summons must transfer the certificate of the agent to the agency who summoned; if the agent does not sign, then it must be written about it and send it to the agency; if the agent is absent, it is possible. Handing out a summons to an 18-year-old who goes back into the family to sign the confirmation and transfer it to the agent.
3. The representative under the law of the law must be present in accordance with the summons. The absence of an unimpediable reason or not due to the objective of objectivation, the person with the authority to conduct the proceedings may make the decision.
What? 441. Matters that need to be proven to conduct proceedings against the accused.
1. There ' s a criminal offence that happens or not, time, place and other details of the offense are in the criminal duty of the legal code under the rules of the Criminal Code.
2. The patient 's fault, the individual' s fault is a member of the legal.
3. Compact and extent of the damage caused by the criminal behavior of the law.
4. The conditions of mitigation, increased criminal responsibility and other conditions associated with the penalty-free.
5. Cause and criminal condition.
What? 442. Take the testimony from the law of the law.
1. To take the testimony of the representative under the law of the right legal officer, the officer ' s investigation officer is tasked with conducting a number of operations operations carried out at the site of the investigation, at the office of the investigation agency, the agency. is assigned the task of conducting a number of investigation activities or at the headquarters of the law. Prior to the deposition, the investigator, the investigation officer must notify the police officer and the time defense, the location for the testimony. When the tests are needed, the police officer is involved in taking the testimony.
2. Before conducting first testimony, investigators, the agency ' s investigation staff were tasked with conducting a number of investigative activities that must explain to the representative under the law of law that knows the rights and obligations stipulated at Article 435. of this Code and must write to the border. It is possible for a representative to legally write his own testimony.
3. Do not take the testimony of the representative under the law of the law at night.
4. The prosecution takes the testimony of a representative under the law of the law in the case of the person who does not acknowledge the criminal offence of the legal, the complaint of an investigation or whether the grounds determine the investigation of a violation of the law or in the case. It's different when you find it necessary.
The examination of the person's testimony in accordance with the law of the law was also conducted in accordance with this.
5. Take the testimony of the representative under the law of the law at the Office of the Investigative Agency, the body tasked with conducting a number of investigative activities that must be recorded or taped with sound.
The taking of the testimony of the representative under the law of the law at other sites was recorded or taped with sound at the request of the agent, of the agency, who had the authority to conduct proceedings.
6. The constitution of the law of the law is established in accordance with Article 178 of the Code.
What? 443. The suspension of the investigation, the suspension of the investigation, suspended the case, suspended from the defendant, defendant
1. The investigation agency, the agency tasked with conducting a number of operations investigating the decision to suspend the investigation when the referendum, demanded the valuation of the property, the foreign requirement of foreign assistance but has not yet resulted in the expiration of the deadline. Yeah, In this case, the valuation, the valuation of property, the legal assistance continued until results.
2. The investigation agency, the agency tasked with conducting a number of investigations into the decision to suspend the investigation, the Institute of Examination, the Court decided to suspend the case, suspended the defendant, the defendant as a legal officer when belonging to one of the cases:
There is no sin;
b) The behavior of the law does not constitute a crime;
c) The criminal offence of the legal person has had a sentence or decided to suspend the case with a legal effect;
d) At the end of the investigation without proving the criminal execution of the crime;
No, no, no, no, no.
What? 444. Jurisdiction and procedures for legal personnel.
1. The court has the authority to judge the criminal case on the crimes committed by the law as the Court where the legal entity carried out the crime. The criminal case is carried out in many different places, the Court has jurisdiction over the Court where the law is headquartered or where the branch of the law is committed.
2. trial of the appellate, appellate, jury, retrial of the criminal justice executed according to the common procedure specified in the Fourth Section and Section 6 of the Code. The trial for the legal person must be present in the law of the law of the law, the Auditor of the Institute for the same level; the injured or the agent of the defendant.
What? 445. Competenties, execs for criminal justice.
1. The head of the body of civil law has the authority to make a decision to enforce a penalty for the law. The procedure itself, the procedure of execution of the money penalty is carried out under the provisions of the Civil Action Law.
2. The state agency has the authority to enforce other penalties and judicial measures prescribed at the Penal Code for legal pursuits to the rule of law.
3. The legal case is convicted of the split, separation, merge, merger, the legal successor to the rights and obligations of the condemned legally responsible for carrying out the obligation to execute a penalty, damages the damages.
446. The procedure for the procedure is clear to the law.
In the 5-day period from the date received by the law, of which it is of course to be cleared and found to have qualified as specified in the Act 89 of the Criminal Code, the Chief Justice of the Court tried the case. The legal certificate has been cleared of the case.
THE PROCEDURE APPLIES TO THE MANDATORY MEDICAL TREATMENT
What? 447. Conditions and competenties apply for medical treatment.
1. When there is a base that the person who performs dangerous behavior for society does not have a criminal liability capacity under regulation at Article 21 of the Criminal Code, depending on the proceedings, the Investigation Agency, the Institute of Supervisor, the Court must hold the judging panel. A mental health.
2. Based on the mental health examiner's conclusion, the Institute of Corrects decides to apply the treatment mandatory during the investigation, prosecution; the Court decides to apply the trial for treatment during the trial and execution phase.
What? 448. Investigation for the suspect in charge of criminal responsibility
1. For the case that has the grounds that the person who performs dangerous behavior for society does not have the capacity to criminal responsibility, the Agency for the investigation must clarify:
a) The danger to society has happened;
b) The state of mind and mental illness of the person has a dangerous behavior for society;
c) People who have dangerous behavior for society have lost their cognitive abilities or their ability to control their behavior.
2. When conducting proceedings, the Investigative Agency Must guarantee a person to defend the proceedings from the time determining whether someone with a dangerous behavior for the society with a mental illness or another is to lose cognitive abilities or the ability to control the behavior. The agent of the person can participate in the proceedings in case of necessity.
What? 449. Applying mandatory treatment during the investigation phase
1. When the Agency investigating a mental health examiner for which the test results determined to be infected with mental illness or another disease that disables the ability to perceive or the ability to control the behavior, the Office of Inquiry Sends the offer to apply the arrest measure. forcing the disease to the same decision as a review for the Institute of Supervisor Control to review, the decision.
In the 3-day period since the date of receiving the investigation by the Investigative Agency, the examination institute decided to apply the treatment to the defendant or ask the Agency to investigate the additional monitoring of the disease, reregulation if it is required. There's not enough room to decide.
2. The case of a decision to examine the decision to apply a cure, the investigative agency must decide whether to suspend or suspend the investigation against the defendant.
What? 450. The Decision of the Check Event in the query stage
1. After receiving a case file and investigative conclusion, if there is a basis that the defendant is not capable of criminal liability, the Institute inspects the mental health examiner.
2. Base to the conclusion of the decision, the Institute of Control can go out one of the decisions:
a) suspend the case and apply the mandatory measure of healing;
b) Suspend the case and apply the mandatory measure of healing;
c) Pay the case for additional investigation;
d) Accused by the Court.
3. In addition to the decision to apply the treatment mandatory measure, the Institute of Examination may resolve the other problem in connection with the case.
What? 451. Court decision in the trial period
1. After the conviction of the case, if there is a basis that the defendant is involved, the defendant has no capacity for criminal responsibility, the Court of Appeal is on the jurisdiction of the mental health.
2. Base to the conclusion of the decision, the Court can make one of the decisions:
a) The decision to suspend or suspend the case and apply the mandatory measure of healing;
b) Pay the case for reinvestigating or additional investigation;
c) immunity to criminal or immunity duty and to apply the mandatory measure of healing;
d) Take the case to trial.
3. In addition to the decision to apply the treatment mandatory measure, the Court may resolve the issue of damages or other issues related to the case.
What? 452. Applying the cure to the person who is accepting a prison sentence.
1. The case has the grounds that the person who is accepting a prison sentence with a mental illness or another disease that loses the cognitive capacity or ability to control the behavior, the detention facility, the detention facility, the Public Security Criminal Court execution body recommend the Court. The provincial government, the Military District Court of Military District, where you are sentenced to be sentenced to a prison sentence of psychiatric custody.
2. The base concludes the mental health examiner, the Chief Justice of the Provincial People ' s Court or the Chief Justice of the Military District Court where the convicted person is accepting a prison sentence of a suspended sentence that would only accept jail punishment and apply a mandatory plea. Sick.
After the illness, the person must continue to accept a prison sentence if there is no reason to exempt the prison sentence.
What? 453. Complaints, appeals, appeals.
1. The complaint and resolution of a decision by the Institute of Examination of the Applicable Treatment of the Healing Procedure is made in accordance with Chapter XXXIII of this Code.
2. The appeal, the Court ' s decision to appeal to the application of the treatment mandatory to be performed as for the prescribed preliminary decision in this Code.
3. The decision to apply the treatment of a cure is valid until another decision or cancellation of the decision to apply the cure.
What? 454. Suspension of the treatment for medical treatment.
1. The treatment of mandatory treatment is carried out at the basis of a psychiatric treatment required by the Institute of Examination or the Court specified by the law.
2. When the announcement of the chief of the facility to cure the mental illness of the person being forced to cure the disease, the agency recommended that the trial be applied to cure or the Institute for Disease Control, the Court has decided to apply the cure. Medical examiner's medical examiner's condition of the condition of the person who has been forced to heal.
The base concluded that the person who was forced to heal from the disease, the Institute of Examination, the Court decided to suspend the law enforcement.
3. The decision to suspend the treatment of a cure must be recommended by the recommended body to apply a cure for the treatment or the examination institute, the Court sent immediately to the mandatory facility and the person ' s agent who is required to cure the disease.
4. The proceedings, the acceptance of the penalty that has been suspended can only be reinstated under the provisions of this Code.
WITHDRAWAL PROCEDURE
What? 455. The scope of the procedure to remove the procedure
The procedure is shortened to the investigation, prosecution, trial, and appellate, and other provisions of the Code are not contrary to the provisions of this chapter.
What? 456. Withdrawal procedure conditions
1. The withdrawal procedure is applied during the investigation phase, the prosecution, the trial trial when there is sufficient conditions:
a) A man who made the trespass of the offence or the man committed himself;
b) The sin of simplicity, the evidence clearly;
c) Crime committed is a less serious crime;
d) The offender has a residence, a clear background.
2. The withdrawal procedure is applied in the appellate trial when there is one of the conditions:
a) The case has been applied to the procedure of shoring in the preliminary trial and only the appeal, the appeal mitigation or for the defendant to be sentenced to hang;
b) The case has not been applied to the procedure in a preliminary trial but there are sufficient regulatory conditions at this one Article and only the appeal, the appeal mitigation, or the defendant is entitled to a suspended sentence.
What? 457. The decision to apply the withdrawal procedure
1. For the 24-hour period since the case has been eligible for regulation at Article 456 of this Code, the Investigation Agency, the Institute of Examination, the Court must make a decision to apply the withdrawal procedure.
The shortened procedure has been applied since the decision until the end of the trial of appellate, except for the case of cancellation by regulation at Article 458 of this Code.
2. The decision to apply the withdrawal procedure was handed over to the defendant, the defendant or their agent, to the defense during the 24-hour period since the decision was made.
The decision to apply the custom procedure of the Inquisition, the Court was sent to the Institute for the inspection at the same level in the 24-hour period since the decision was made.
3. The case of a decision to determine the decision to apply the revoked procedure of the non-right investigation agency is that in the 24-hour deadline since receiving the decision, the Institute of Examination must have decided to cancel the decision to apply the withdrawal procedure and send it to the Agency. Detective.
4. The case of a decision to determine the decision to apply the withdrawal procedure of the Court is not right, and the Court of Inquisition with the Chief Justice has made a decision. The Court Chief Justice has to consider, responding to the 24-hour deadline since receiving the inspection of the Institute of Examination.
5. The decision to apply the withdrawal procedure can be lodged. The defendant, the defendant or their agent has the right to complain of the decision to apply the procedure to the procedure; the complaint period is 5 days from the date of the decision. The complaint was sent to the Census Agency, the Institute of Examination, the Court made the decision to apply the withdrawal procedure and had to be settled for a period of 3 days, since the date received the complaint.
What? 458. Cancel the decision to apply the withdrawal procedure
During the application of the shortened procedure, if one of the conditions stipulated at the points b, c and d 1 Article 456 of the Code is no longer or the case in case of a temporary suspension of only the investigation, suspend the case or file a case for additional investigation. The rules of the Code, the Court of Inquisition, the Court decided to cancel the decision to adopt the procedure and resolve the case according to the common procedure in this Code.
The statute of limitations of the case is followed by the general procedure stipulated in the Ministry of Law since the decision to cancel the decision to adopt a shortened procedure.
What? 459. Hold on, hold on to investigate, prosecute, trial.
1. Base, jurisdiction and procedure of detention, the detention is made under the provisions of this Code.
2. The retention period has not been over 3 days since the date of the arrest of the arrested persons.
3. The detention deadline for the investigation period is not more than 20 days, during the prosecution period of no more than 05 days, during the trial period for no more than 17 days, during the trial of an appellate trial of no more than 22 days.
1. The deadline for investigation under a shortened procedure is 20 days from the date of the decision to prosecute the case.
2. At the end of the investigation, the Agency investigated the decision to recommend the prosecution.
The decision to offer a summary of the summary of the offense, the perpetrator, the motive, the purpose of the crime, the nature, the level of damage caused by the criminal behavior; the application, the change, the destruction of the deterred, the defense; the collection, document retention, material, and physical processing; the person's character characteristics, increased circumstances, mitigings of criminal responsibility; reason and base for prosecution; charges, scores, paragraph, condition of the Code of Criminal Code apply; specify the time, place, family name and signature of the decision-making.
3. In the 24-hour period from the decision to recommend the prosecution, the Legislature must hand over the prosecution of the prosecution to the defendant or the agent of the defendant, to the defense, to the harm, to the person or their agent. pass the decision to recommend the prosecution with the case file for the Institute of Examination.
What? 461. Prosecution Decision
1. In the 5-day period since the date received the decision to recommend the prosecution and the case file, the Institute for the examination of one of the decisions:
a) The prosecution is struck before the Court by the decision to prosecute;
b) Do not prosecute the can and decide to suspend the case;
c) Pay the case for additional investigation;
d) suspend the case;
Suspension of the case.
2. The decision to prosecute the summary of the offense, the capital, the motive, the purpose of the crime, the nature, the level of damage caused by the offence; the application, the change, the destruction of the prevention, the defense; collection, retention of documents, materials, and physical processing; the character's character characteristics, increased conditions, mitigings of criminal responsibility, stating the reasons and bases; charges, scores, paragraph, article of the Criminal Code apply; specify the time, place, family name and signature of the decision-making.
3. In the 24-hour period since the decision to prosecute, the Institute of Control must hand over the decision to the defendant or their agent; send to the Agency for the investigation, the defense, the harm, the person or their agent and the decision transfer. The same case files for the Court.
What? 462. Prepare for a trial.
1. In the 10-day period since the day of the processing of the case, the judge is assigned to trial one of the decisions:
a) to take the case to trial;
b) Pay the case for additional investigation;
c) suspend the case;
d) Suspend the case.
2. The case of the decision to take the case to trial is on a 7-day period since the decision date, the Court must open the trial trial.
3. In the 24-hour period since the decision to take the case to trial, the Court of Appeals must submit that decision to the Institute of the same degree; deliver the accused or the agent of the defendant; send the defense, harmed, contemporary or the agent. For them.
1. The trial of the preliminary trial is drawn by a judge conducted by a judge.
2. After the procedure that started the trial, the prosecutor announced the decision to prosecute.
3. Other procedures, procedures at the trial of the field are carried out under the general procedure specified in this Code but do not proceed with the resolution.
What? 464. Prepare for appellate.
1. The adoption and service of the case file is executed by the Court of Appeal under the general procedure stipulated at this Code.
After serving the case, the Tribunal must be transferred to the case file for the Institute of the same level. During the 5-day period the inspection was required to file a case for the Court.
2. In the 15-day period since the day of the processing of the case, the judge is assigned to trial one of the decisions:
a):
b) The suspension of the trial of the case.
3. The case of a decision to take the trial of the appellate trial is in the 7-day period since the decision date, the Court must open the trial of the case.
4. In the 24-hour period since the decision to take the case to trial, the Court of Appeal must submit that decision to the Institute of the same degree, the defense; the charge of the accused or the representative of the accused, harmed, the incumbent or the agent. They.
1. The trial of the appellate in the procedure is shortened by a Judge.
2. Other procedures, procedures at the appeals court are performed under the general procedure specified in this Code but do not proceed with the resolution.
HANDLING THE ACTS OF OBSTRUCTION OF CRIMINAL PROCEEDINGS
What? 466. Handling the person with the act of obstruct the proceedings of the agency with the authority to conduct proceedings.
The accused, the other litigwoman who has one of the following acts depending on the extent of the breach may be subject to the competent authority to conduct the impeachment decision, the extradition, the warning, the fines, the administrative detention, the remediation of the consequences. or be pursued in criminal responsibility according to the rules of the law:
1. Make a false, destructive evidence that causes trouble solving the case, the case;
2. Declare a lie or provide false documentation;
3. Decor to declare or refuse to provide documents, objects;
4. The examiner, who valuers the property that concludes the fraud or refuses to conclude the judge, valuation the property without due to the inpossibility or not due to objective obstacles;
5. Deception, threats, redemption, use of force to prevent him from testidoing or forcing others to testify falsely;
6. Deception, intimidation, redemption, use of force to prevent persons from being harmed in the proceedings or forcing the defendant to declare lies;
7. Deception, intimidation, redemption, use of force to prevent the examiner, who valuers the property to carry out the mission or force the examiner, who valuers the asset wrongly with the objective truth;
8. Deception, intimidation, redemption, use of force to prevent the translator, the translator performing the mission or forcing the translator, the translator of a lie;
9. Deception, intimidation, redemption, use of force to stop the agency ' s representative, organization, other personal participation in proceedings;
10. Insult of honor, dignity, credibility of the competent authority to conduct proceedings; threats, use of force or other acts obstruct the proceedings of the person with the authority to conduct proceedings;
11. Have been summoned without due to unimpediability or not due to objective obstacles and their absence caused an impediability to the proceedings;
12. Prevent the granting of delivery, delivery, receiving or announcing the proceedings of the agency with the authority to conduct proceedings.
What? 467. Execute the internal breach of the trial
1. The violation of the trial of the trial is subject to the nature, the extent of the breach that may be condemned by the judge presiding over the court by law.
2. The chairman of the trial has the right to decide whether the offender is leaving the courtroom or temporary administrative custody. The Security Agency tasked with protecting the trial order or the person tasked with protecting the trial of the trial of the judge presiding over the court's decision to leave the courtroom or to hold the act of disorderly conduct.
3. The case of a violation of the internal breach of the court to the point of being prosecuted for criminal responsibility, the Board has the right to prosecute the criminal case.
4. Regulation at this is also applicable to the person whose behavior violates at the session of the Court.
What? 468. Form of punishment, jurisdiction, sequence, penalty procedure
The form of punishment, jurisdiction, sequence, procedure of punishment for acts impede criminal proceedings is carried out under the provisions of the Administrative Disposal Laws and other relevant laws.
COMPLAINT, DENOUNCE IN CRIMINAL PROCEEDINGS
What? 469. You have the right to complain.
1. Agency, organization, individuals have the right to claim the decision, the agency ' s disciplinary action, who has the authority to conduct proceedings when there is grounds that the decision, that behavior is illegal, infringed on the right, its legitimate interests.
2. For the verdict, the preliminary decision has yet to take effect on the law, the verdict, the decision to have the Court ' s law effect, the indictment or the prosecution decision, the decision to apply the withdrawal procedure, the decision of the Trial Board, the Court of Appeals. Shen, Council of Judges, Board of Appeals, Board of Appeals, the Council for the Reduction Deadline, or immunity from execution, acquit before the conditional deadline if there is a complaint, appeal, protest resolution, prescribed in accordance with chapters XXI, XXII, XXIV, XXV, XXVI and others. XXXI of this Code.
What? 470. Decisions, proceedings may be lodged with complaints.
1. The impeachment decision may be lodged as the decisions of the Prime Minister, Deputy Chief Executive Officer, Investigated Officer, Deputy Director, Deputy Director of the Institute for Examination, Examination, Chief Justice, Deputy Chief Justice, Judge, who has the authority to proceed. A number of investigative activities are enacted under the provisions of this Code.
2. The proceedings may be lodged with a complaint made in the proceedings of the Prime Minister, Deputy Chief Executive Officer, Investigate Officer, Investigation Officer, Deputy Director, Deputy Director of the Institute for Examination, Examination Officer, Examination, Chief Justice, The Deputy Chief of the Court, Judge, Judge, who was assigned to conduct a number of investigative activities carried out under the provisions of this Code.
1. The time of the complaint is 15 days from the day the complaint received or known the decision, the act of proceedings that the person alleged was in breach of the law.
2. The case for inimpediability or objectiability reasons that the complaint does not perform the right of a complaint in the right time, the time for any impediability or impediability is not charged at the time of the complaint.
What? 472. The rights and obligations of the complaint
1. The complaint has the right:
a) Self-complaint or through the defender, the defender of the right and the legitimate rights of the incumbent or the representative to complain;
b) In any phase of the process of solving the criminal case;
c) Withdraw the complaint in any phase of the complaint settlement process;
d) to be determined to resolve the complaint;
) Restored, the legitimate interests have been violated, compensated by the law.
2. The complaint has an obligation:
a) Presentation of the work, providing information, documents to the person addressing the complaint; being accountable to the law on the content of the presentation and the provision of the information, that document;
b) The decision to resolve the complaint has taken effect on the law.
What? 473. The rights and obligations of the person who are accused
1. The defendant has the right to:
a) to be informed of the complaint content;
b) Give evidence of the legalization of the decision, the proceedings of the complaint;
c) Being decided to resolve the complaint of the decision, the conduct of his proceedings.
2. The defendant has an obligation:
a) The interpretation of the decision, the prosecution of the complaint is lodged complaints; to provide information, related documents when the agency, organization, individual has the authority to request;
b) The decision to resolve the complaint;
c) The compensation of damages, restitution, remediation of the consequences, and the prosecution of his laws was caused by law.
What? 474. The authority and the deadline to resolve the decision to decide, conduct proceedings in keeping people in case of an emergency, arrest, detention, detention.
1. A complaint against the warrant for the holder in case of an emergency, the arrest warrant, the detention decision, the detention order, the detention decision, the decision to approve the arrest, the decision to renew the detention, the decision to renew the detention and the complaint of conduct execution of command and that decision must be resolved within the 24-hour period since receiving a complaint. In case it takes time to verify that the resolution deadline is not more than 3 days from the date of the complaint.
2. The director of the Institute of Examination has the responsibility to resolve the decision complaint, conduct proceedings in keeping people in case of emergency, arrest, detention, detention during the investigation phase, prosecution. The agency, who has jurisdiction in keeping people in case of emergency, arrest, detention, detention must be transferred immediately to the Institute of Public Rights Control and examination of the case investigation, the alleged complaint of the detained man, who was arrested, who was detained, who has been imprisoned for a 24-hour period since he received a complaint.
The complaint to the decision, the proceedings of the Prime Minister, Deputy Chief Executive Officer, Investigated Officer, Investigated Officer, Detective Officer, Checking, who was tasked with conducting a number of investigative activities in keeping people in the school. Emergency, arrest, hold, hold.
The complaint to the decision, the impeachment behavior of the Deputy Director of the Institute of Examination in the arrest, detention, detention conducted by the Institute of Corrects of inspection.
If it is not agreed with the decision to resolve the examination of the Institute of Examination, then for the 3-day period since the date of the decision to resolve the complaint, the complaint has the right to complain to the Institute of Direct Control over directly or The Institute for the Supreme People's National Institute of People's Examination Is if the resolution of the first complaint is resolved by the Institute of the People's National Institute of People. For the 7-day period since the date received the complaint, the Institute of the Institute of Direct-Level Control, the Supreme People ' s Institute for Human Examination must review, resolve. The decision to resolve the Institute of the Institute of Subordination directly, the Institute for the Supreme People's National Institute of Human Examination is the decision to take effect on the law.
The complaint to the decision, the proceedings of the Institute of the Academy of Examination in the arrest, detention, detention conducted by the Institute of Subordinate Examination of the Institute on Direct review, settlement or the Institute of the Supreme People ' s Control of the Supreme People review, resolved if Decision-making, the defendant's complaint is that of the Institute of the Provincial People's Health Control Institute. For the 7-day period since the date received the complaint, the Institute of the Institute of Direct-Level Control, the Supreme People ' s Institute for Human Examination must review, resolve. The decision to resolve the Institute of the Institute of Subordination directly, the Institute for the Supreme People's National Institute of Human Examination is the decision to take effect on the law.
3. The court has the responsibility to resolve the complaint of arrest, detention during the trial period.
The complaint to the decision, the proceedings of the Deputy Chief Justice in the arrest, detention due to the Chief Justice of the Court review, resolved. If the decision is not agreed with the decision to resolve the judgment of the Chief Justice in a 3-day period since the date received the decision to resolve the complaint, the complaint has the right to plead guilty to the Chief Justice of the Court on a level. In the 7-day period since the date received the complaint, the Chief Justice Court on a level must review, resolve. The decision to resolve the Court of Justice on a level is the decision to take effect on the law.
The complaint to the decision, the proceedings of the Chief Justice of the Court in the arrest, detention due to the Chief Justice of the Court on a review, settlement. In the 7-day period since the date received the complaint, the Chief Justice Court on a level must review, resolve. The decision to resolve the Court of Justice on a level is the decision to take effect on the law.
What? 475. The authority and the deadline to resolve the complaint to the Investigate Officer, the Investigation Officer, Deputy Chief and Chief Executive Officer, who was tasked with conducting a number of investigative activities.
1. A complaint against the decision, the proceedings of the Investigated investigator, the Investigation Officer, Deputy Chief Executive Officer except for the complaint of holding people in case of an emergency, arrest, detention, detention conducted by the Prime Minister of Investigation, addressing the investigation. for the 7-day period since the date of the complaint. If it does not agree with the decision to resolve the decision of the Chief Executive Officer, for a period of 3 days from the date of the adoption of the decision to resolve the complaint, the complaint has the right to complain to the Institute of the Institute of Examination on the same level. In the 7-day period since the date of the receiving complaint, the Institute of the Institute of the Institute of the Institute for the Institute of Examination has to be reviewed, resolved. The decision to resolve the Institute of Police at the same level is the decision to take effect on the law.
The complaint to the decision, the proceedings of the Chief Executive Officer and the Proceedings of the Investigative Agency ' s proceedings have been approved by the Institute of Police at the same time by the Institute of Police at the time of the 7-day period. A complaint. If it does not agree with the decision to resolve the Institute of Ministers at the same level, for the 3-day period since the date of the decision to resolve the complaint, the complaint has the right to complain to the Academy of Direct Control over directly or The Institute for the Supreme People's National Institute of People's Examination Is if the resolution of the first complaint is resolved by the Institute of the People's National Institute of People. In the 15-day period since the day of receiving the complaint, the Institute of the Institute of Direct-Level Control, the Institute for the Supreme People ' s Institute of Human Examination must review, resolve. The decision to resolve the Institute of the Institute of Subordination directly, the Institute for the Supreme People's National Institute of Human Examination is the decision to take effect on the law.
2. A complaint to the decision, the proceedings of the deputy, the agency 's investigation officer tasked with conducting a number of operations investigating the exclusion of people in case of an emergency, arrest, custody due to the agency' s chief assigned to conduct the operation. Some of the operations investigate, solve for a 7-day period since the date of the complaint. If it does not agree with the decision of the president's decision to resolve the 3-day period since the date of the adoption of the decision to resolve the complaint, the complaint has the right to complain to the Institute for Public Power Control and Examination Examination. In the 7-day period since the date received the complaint, the Institute of Police Chief of the Institute must review, resolve. The decision to resolve the institution of the Institute of Examination is the decision to take effect in law.
The complaint to the decision, the proceedings of the officer ' s chief executive charged with conducting a number of investigations activities conducted by the Institute of Public Affairs of the Public Power and the examination of the investigation, resolved. In the 7-day period since the date received the complaint, the Institute of Police Chief of the Institute must review, resolve. The decision to resolve the institution of the Institute of Examination is the decision to take effect in law.
What? 476. The authority and the deadline to resolve the complaint to the Inspectman, Inspectman, Deputy Head of the Institute and the Institute of Police
1. A complaint against the decision, Proceedings of the prosecutor, the Audan, the Deputy Director of the Audit Institute, which is reviewed by the Institute of Police, which is resolved within the 7-day period since the date of the complaint. If it does not agree with the decision to resolve the checkup of the Institute of Police at 3 days from the date of receiving the decision to resolve the complaint, the complaint has the right to appeal to the Direct Level Control Institute. In the 15-day period since the date received the complaint, the Institute for the Subordinate Examination must review, resolve. The decision to resolve the Institute for the Institute of Subordination directly is the decision to take effect on the law.
2. A complaint to the decision, the proceedings of the Institute of Police of the Examination Institute by the Institute for the Subordinate Examination, which is reviewed by the 15-day period since the date of the complaint. The decision to resolve the Institute for the Institute of Subordination directly is the decision to take effect on the law.
3. In cases of regulation at paragraph 1 and paragraph 2 This, if a complaint to the decision, the proceedings of the Academy of Provincial People ' s Health Control Institute are resolved:
a) A complaint against the decision, the proceedings of the Academy of the Provincial People's National Examination Institute in the practice of the right of prosecution, examination of the investigation, the prosecution of the Supreme People's Examination Institute, which resolved within 15 days of the date received. A complaint. The decision to resolve the Supreme People ' s Control Institute is the decision to take effect in law;
b) A complaint against the decision, the proceedings of the Academy of the Provincial People's National Examination Institute in the practice of the right of prosecution, examination of the trial by the High School of People's Examination, which resolved within 15 days of the date received the complaint. The decision to resolve the Institute for Human Examination is the decision to take effect on the law.
4. A complaint to the decision, the proceedings of the vice president of the Supreme People 's Examination, Examination and Examination Officer at the Supreme People' s Examination Institute, Inspectoring Officer and Astronaut Examination at the Central Military Examination Institute, The Deputy Head of the Central Military Examination Institute led by the Institute of the Supreme People's Medical Research Institute, the Central Military Institute of Military Control reviewed, resolved in the 15-day period since the date of the complaint. The decision was made by the Institute of the Supreme People's National Institute of Police, and the Central Military Institute for Military Control was the decision to take effect.
What? 477. The authority and the deadline to resolve the complaint to the judge, Judge, Deputy Chief Justice and Chief Justice.
1. A complaint against the decision, the proceedings of the Judge, the Judge, Deputy Chief Justice of the District People ' s Court, the Regional Military Tribunal before the opening of the trial due to the Chief Justice of the District Court, Chief Justice of the Regional Military Tribunal in court. A 7-day deadline since the date of the complaint.
If it is not agreed with the decision to resolve the District Court of the District of the District, the Chief Justice of the Regional Military Tribunal shall be in the 3-day period since the date of the decision to resolve the complaint, the complaint has the right to complain to the Chief Justice Tribunal. The provincial government, the Chief Justice of the Military District. In the 15-day period since the date received the complaint, the Chief Justice of the Provincial People ' s Court, Chief Justice of the Military District Court must review, resolve. The decision was made by the Chief Justice of the Provincial People's Court, the Chief Justice of the Military District Court, which was decided to take effect.
The complaint to the decision, the proceedings of the Chief Justice of the District Court of the District, Chief Justice of the Regional Military Tribunal before the opening of the trial by the Chief Justice of the People ' s Court, Chief Justice of the Military Court of the Military District reviewed, resolved in a 15-year deadline. the day since the date of the complaint. The decision was made by the Chief Justice of the Provincial People's Court, the Chief Justice of the Military District Court, which was decided to take effect.
2. A complaint to the decision, the proceedings of the Judge, the Judge, Deputy Chief of the Provincial People 's Court, Chief Justice of the Military District Court before opening the trial due to the Chief Justice of the Provincial People' s Court, the District Court of Military District Court. consider, resolution on the 7-day deadline since the date of the complaint received. If it was not agreed to the decision to resolve the Court of the Provincial People's Court, the Chief Justice of the Military District Court was in the 3-day period since the date received the decision to resolve the complaint, the complaint had the right to plead guilty to the Chief Justice of the Court. High-ranking people, the Chief Justice of the Central Military Tribunal for consideration, settlement of the 15-day period. The decision was made by the Chief Justice of the High Court, and the Chief Justice of the Central Military Tribunal was the decision to take effect.
The complaint to the decision, the proceedings of the Judge, the inquisiteworker, Deputy Chief Justice of the High Court of the People, before opening the trial was reviewed by the High Court Chief Justice, which resolved within the 7-day period since the date received the complaint. If the decision was not agreed with the decision of the Chief Justice of the Supreme People's Court in the 03-day period since the date received the decision to resolve the complaint, the complaint had the right to appeal to the Chief Justice of the Supreme People ' s Court review, addressing. for a 15-day period. The decision to resolve the Supreme Court ' s Chief Justice is the decision to take effect on the law.
The complaint to the decision, the proceedings of the Chief Justice of the Provincial People 's Court, Chief Justice of the Military District Court of the District Court of the Supreme People' s Court, the Chief Justice of the Central Military Court reviewed, resolved within 15 days of the date of adoption. A complaint. The decision was made by the Chief Justice of the High Court, and the Chief Justice of the Central Military Tribunal was the decision to take effect.
3. A complaint to the decision, the proceedings of the Chief Justice of the Supreme People 's Court, Supreme People' s Court Judge, Judge of Work at the Supreme People 's Court, Deputy Chief Justice of the Supreme People' s Court, Judge and Chief Justice Officer at the Supreme Court. The central military court, Deputy Chief Justice of the Central Military Tribunal headed by the Chief Justice of the Supreme People's Court, the Chief Justice of the Central Military Tribunal for consideration, settlement within 15 days of the date received a complaint. The decision was made by the Chief Justice of the Supreme Court, and the Chief Justice of the Central Military Tribunal was the decision to take effect.
What? 478. You have the right to denounce.
Individuals have the right to denounce with the agency, who has jurisdiction over the violation of the laws of any person whose authority to conduct proceedings or threats to damage the benefits of the State, the right, the legitimate interests of the agency, the organization, the individual.
What? 479. The right and duty of the whistled.
1. The whistled is entitled:
a) Submit or directly denouncing with the agency, who has jurisdiction;
b) Request to keep their name secret, address, pen name;
c) Being decided to resolve the report;
d) Ask for a competent authority to conduct protection proceedings when threatened, quashed, avenged.
2. The whistled is obliged:
a) The honest presentation of the contents of the report, which provides information, documents related to denouncing;
b) and let them be known to them his name, and his address;
c) being held accountable to the law if you intentionally denounce the truth.
What? 480. The right and duty of the accused.
1. The defendant has the right:
a) to be notified of the report content;
b) Give evidence to prove that the content is not true;
c) Being decided to resolve the report;
d) To be restored to the right, the legitimate interests violated, rehabilitated, were compensated for damages caused by the untrue denouncing;
Ask the agency, the organization, the individual who has the authority to dispose of the whistled whistled truth.
2. The defendant has an obligation:
a) The solution of the alleged behavior; to provide information, relevant documents when the agency, who has the authority to request;
b) Accept the decision to resolve the report;
c) The reparation reparation, restitution, remediation of the consequences of the criminal proceedings of his law.
What? 481. Jurisdiction and deadline for settlement resolution
1. The prosecution of a violation of the law of the authority to conduct proceedings under the authority of the authority to conduct proceedings, the head of the agency has the authority to resolve.
The case of the accused is the Chief of the Investigative Authority, the Institute of Examination of the Institute of Police, the Chief of the Executive Office, the director of the direct-level examination of the Institute of Examination.
The case of the accused is the Chief Justice of the District Court of the District, Chief Justice of the Regional Military Court, the Chief Justice of the Military District Court, Chief Justice of the Military District Court of the Military District Court of Jurisdiction.
The case of the accused is the Chief Justice of the Provincial People's Court, Chief Justice of the Military District Court, and the Chief Justice of the High Court, the Chief Justice of the Central Military Tribunal with the authority to resolve.
The case of the accused is the Chief Justice of the High Court, the Chief Justice of the Central Military Tribunal, the Supreme Court of the Supreme Court of the Court of Justice.
The proceedings of the proceedings of the person assigned to conduct a number of investigative activities conducted by the Institute of Public Rights Control, which checked the investigation into consideration, settlement.
2. The prosecution of the violation of the law, which has signs of crime, is resolved under the provisions of Article 145 of this Code.
3. The report deadline is no more than 30 days from the date of receiving the charge; for the complex case the deadline for settlement resolution may last but not more than 60 days.
4. The prosecution involves the conduct of the person in case of emergency, arrest, detention, detention during the investigation phase, the prosecution must be reviewed by the Institute of the Institute of the same degree or the Institute ' s Academy of Appeals for consideration, settlement of the 24-year deadline. All right, now, ever since we got the report. The case must be further verified, the duration of no more than 3 days from the date of receiving the charge.
What? 482. The agency ' s responsibility, who has the authority to resolve the complaint, denounce
1. The Agency, who has the authority to resolve the complaint, denounce within the scope of the mission, its powers responsible for receiving, timely settlement, law of complaint, denouncing and sending the document addressing the complaint, denouncing the complaint, denouncing. The prosecution of the offender; the defense of the law, and the application of the defense of the law, and the application of the protection of the accuser when required, to prevent possible damages; to ensure the outcome of the complaint, the prosecution is strictly enforced, and must be held accountable to the law of the law. It's my deal.
2. The person with the authority to resolve the complaint, denouncing without addressing, the lack of responsibility in the settlement, the illegal solution of the law, the degree of violation that is disciplined by law or being prosecuted for criminal responsibility; if causing damage, to pay for damages, compensated by the rules of the law.
3. The investigation agency, the agency tasked with conducting a number of investigative activities, the Court is responsible for announcing the receiving and sending of the complaint of the complaint, denouncing the Institute of the same degree or the jurisdiction of the examination.
What? 483. The mission, the authority of the Institute of Examination while examining the settlement of the complaint, denounce
1. The Institute of Control examines the resolution of the complaint, the coroner ' s report, the agency tasked with conducting a number of investigative activities, the Court of the same rank and subordination.
2. When examining the settlement of the complaint, denouncing, the Institute of Examination has tasks, powers:
a) Request for the Agency to investigate, the Court, the body assigned to conduct a number of activities that investigate the decision to resolve the complaint, out of the text of the settlement in accordance with the provisions of this chapter;
b) Request for the Agency to investigate, the Court, the agency tasked with conducting a number of self-examination activities examining the settlement of the complaint, the complaint of the grant, and subordination; the report of the test results to the Institute of Examination;
c) Ask the Agency for the investigation, the Court, the agency to be tasked with conducting a number of investigative activities that provide the case, documents related to the settlement of the complaint, denouncing the examination institute;
d) Direct examination of the settlement of the complaint, denouncing at the Investigative Agency, the agency tasked with conducting a number of investigation activities, the Court of the same rank and subordination;
) The board concluded the examination; the execution of the petition, the appeal, the inquiry required, the Court, the body assigned to the task of conducting a number of activities that were to be investigated in violation of the complaint, denouncing.
3. The upper level checkpoint is responsible for the inspection, examination of the settlement of the complaint, the report of the lower-level examination institute. The Supreme People's Research Institute inspects the resolution of the complaint, the report of the Institute of Examination.
PROTECT THE CRIMINAL WHISTLED, THE WITNESS, THE HARM, AND THE OTHER PARTICIPANT.
1. The people who are protected include:
a) A guilty man.
b) The witnesses;
c) harmed;
d) The relatives of the criminal whistled, who testified, was hurt.
2. The protected man has the right:
a) The offer is protected;
b) To be informed, explain the rights and obligations;
c) Known about the application of protection measures; the offer of change, addition, cancellation of the protection measure;
d) to be compensated for, restoring honor, ensuring the rights and benefits of legal protection.
3. The protected person has a duty:
a) Strict approval of the requirements of the protection agency concerned with the protection;
b) Keep the security information secret;
c) timely notice of the body responsible for the protection of questionable questions during the protected time.
What? 485. The organ, who has the authority to decide to apply the protection measure
1. The Authority with the authority to apply protection measures including:
a) The investigative body of the People's Security;
b) An investigation into the People's Army.
2. The person with the authority to make the decision to apply the protection measure:
a) The Prime Minister, Deputy Chief Executive Officer of the People 's Public Security Council has the authority to make the decision to apply protection to the protected person in the cases, the criminal case due to the body' s rationing, settlement, investigation or at the request of the Institute. examine the people, the People 's Court of the same level; the offer of the Supreme People' s examination;
b) The Prime Minister, Deputy Chief Executive Officer in the Army of the People's Army has the authority to issue a decision to apply protection to the protected person in the cases, the criminal case due to the body ' s rationing, settlement, investigation or at the request of the Institute. Military inspection, military court of the same level; recommended by the Central Military Police.
3. People's National Court of Police, the People's Court of the People's Court, if you consider the need to apply protection against the protected person, recommend that the Agency for a direct investigation of the criminal case determine the decision to apply protection against the protected person. The offer must be expressed in writing.
The Agency for the Supreme People's Hospital, the Central Military Police Agency, if found to apply protection against the protected person in the incident, the criminal case, the case, the investigation, the investigation reported. The Supreme People ' s Office of the Institute for Human Protection, the Central Military Institute for Military Control has a written proposal to the Police Agency, the Security Agency investigating the Ministry of Public Security, the Criminal Police Agency, the Security Agency investigating the Ministry of Defense. Apply the defense.
What? 486. Protection measures
1. When a base determines the life, health, property, honor, the dignity of the protected person is compromised or threatened by the provision of evidence, documents, information related to the crime, the authorities, who have the authority to conduct proceedings. decided to apply the following measures to protect them:
a) The task force, which conducts career measures, uses weapons, support tools, and other means to guard, protect; and to protect them.
b) Limit the travel, contact of the protected person to ensure their safety;
c) Keep the secret and ask others to keep the secret of information relevant to the protected person;
d) Move, keep a secret place, work, study; change of course, background, identity, identity of the protected person, if they agree;
) Reating threatened, warned, disabling protected acts; preventing, timely handling of the acts of the breach in accordance with the rule of law;
e) Other protections under the rule of law.
2. The application of the applicable safeguards at paragraph 1 This is not to affect the legal rights and interests of the protected person.
What? 487. The offer, the request to apply protection measures
1. The protected person has the right to make the text of the offer, requiring the authority to have the authority to apply the protection measure. The recommended text, required to have key content:
Day, month, month, year;
b) Name, address of the proposition;
c) The reason and the content offer to apply the protection measure;
d) the signature or the point of the offer. In the case of the agency's offer, the organization is represented by the law of the agency, the organization that signs and seals.
2. The emergency case, the person who is directly defended to recommend the agency, who has the authority to apply the protective measure or via contact information, but must later be expressed in the recommended text. The agency, who had the authority to receive the offer, required to set the border and put it into protective records.
3. When conducting proceedings against the case, the agency tasked with conducting a number of investigative activities, the Institute of Examination, the Court received the offer, the request to apply the protective measure responsible for consideration, recommended the Inquisition to the same level of review, the decision. I'm going to apply for protection. In the case of the High School of Human Hygiene, the Supreme People's Court received a request for protection, and recommended that the Department of Public Affairs investigate the Ministry of Public Security, the decision to apply the protection.
4. The investigation agency must examine the base, the authenticity of the offer, the protection request. The case found that it was not necessary to apply a protective measure, and it would have to explain the reasons for the person who requested it.
What? 488. The decision to apply protection
1. The decision to apply the protection measure includes key content:
a) Number, day, month, year, year;
b) The position of the decision man;
c) The base is determined;
And their names, and the days, and months, and year of birth, of the house of the guard,
Defense and time begin to take protection.
2. The decision to apply the protection measure to be sent to the defender of the protection, who is protected, the Institute of Examination, the Court recommended to apply the protection and agency, organization, unit related to the protection.
3. After the decision to apply the protection measure, the Agency for Applicable Authority applies to the execution of the defense. The necessary case can be coordinated with the agencies, units in the People's Public Security, the People's Army to perform protection.
4. The investigation agency has made the decision to apply for change, adding protective measures in the protection process if it is needed.
5. The protection period is calculated from the application of protection until it is decided to end the application of protection.
1. When the base of the breach or threat is threatened, health, property, honor, the dignity of the protected person is no longer, the Chief Executive Officer has decided to apply the defense to the decision to end the defense.
2. The decision to end the application of safeguards must be sent to the protected person, the agency recommended to apply the protection and agency, organization, unit related to the protection.
1. The investigation agency has decided to apply the protective measure that must set up protection records.
2. The security records include:
a) The proposed text, the request to apply the protection measure; the receipt of the offer, the request to apply the protection measure;
b) The results of the verification of the conduct or threats of life, health, property, honor, the dignity of the protected;
c) The documentation of the damage consequences has occurred (if any) and the handling of the authority of the authority;
d) The requested text, the recommendation to change, add, cancel the protection measure;
The decision to apply, change, supplement, cancel the defense;
e) The document reflects the process of applying the protection measure;
g) The requested text, agency offer, organization, individual coordination protection;
h) The report results on the protection measure;
i) Decided to end the defense;
) The documents, other documents are related to the protection.
The eighth.
INTERNATIONAL COOPERATION
COMMON RULES
What? 491. The scope of international cooperation in criminal proceedings
1. The international cooperation in the criminal proceedings is the practice of having the authority of the Socialist Republic of Vietnam and the competent authorities of the country in coordination, supporting each other to carry out the operation serving the inquiry, prosecution, trial, and prosecution. and enforce the criminal execution.
2. International cooperation in the criminal proceedings of criminal justice in the form of criminal justice; extradition; reception, transfer of persons who are accepting prison sentences and other international cooperation activities prescribed at this Code, law on the future of judicial and international treaties. The Socialist Republic of Vietnam is a member.
3. International cooperation in criminal proceedings on the territory of the Socialist Republic of Vietnam is made in accordance with the stipulation of the international treaty that the Socialist Republic of Vietnam is a member or by the principle of having it again, according to the ministry ' s regulation. This law, the law on the future of the judicial and other provisions of the relevant Vietnamese law.
What? 492. The principle of international cooperation in criminal proceedings.
1. International cooperation in criminal proceedings is made on the principle of independent respect, sovereignty, territorial integrity, non-interference in each other ' s internal affairs, equality and the same benefits, in accordance with the Constitution, the law of Vietnam and the United States. the international wish that the Socialist Republic of Vietnam is a member.
2. The case of Vietnam has not yet signed or has yet to join the relevant international treaty, the international cooperation in criminal proceedings is made in accordance with the principle that has left but not the Vietnamese law, in accordance with international law and the practice. International.
What? 493. The central body in international cooperation on criminal criminal proceedings.
1. The Ministry of Public Security is the Central Agency of the Socialist Republic of Vietnam in the extradition and transfer of persons who are accepting a prison sentence.
2. The Supreme People's Research Institute is the Central Agency of the Socialist Republic of Vietnam in its criminal justice and other international cooperation under the rule of law.
What? 494. The legal value of the document, the item collected through international cooperation in the criminal proceedings of the document.
The document, objects due to foreign authority collected by the judicial mandate of the competent authority of Vietnam or document, objects taken by the authority of the foreign country sent to Vietnam to commission a search for criminal liability can be found in the United States. It's a proof. In the case of the document, it has a specified feature at Article 89 of this Code, which can be considered a subject matter.
What? 495. The conduct of the proceedings of the competent authorities of Vietnam abroad and the competent authority of the foreign country in Vietnam.
The conduct of the proceedings of the competent authority of Vietnam abroad and the competent authority of foreign countries in Vietnam is made in accordance with the stipulation of the international treaty that the Socialist Republic of Vietnam is a member or implementation of the principle of the President. Come on.
What? 496. The presence of the witness, the examiner, who is accepting a prison sentence in Vietnam abroad; the witness, the examiner, who is accepting a prison sentence in foreign countries in Vietnam.
1. Vietnam ' s authorship authority may recommend the authority of foreign authority to the witness, the examiner, who is accepting a prison sentence in the country offered to be present in Vietnam to serve the settlement of the criminal case.
2. At the suggestion of the foreign authority, the competent authority of Vietnam may allow the witness, the examiner, who is accepting a prison sentence in Vietnam to be present in the country who has offered to serve the settlement.
SOME INTERNATIONAL COOPERATION.
What? 497. The reception, the transfer of documents, objects related to the case
The reception, the transfer of documents, objects related to the case was made in accordance with the stipulation of the international convention that the Socialist Republic of Vietnam is a member, the regulation of this Code, the law on the future judicial and regulatory assistance of France. Vietnamese law is relevant.
What? 498. Case of denial of Vietnamese citizenship
At the request of the competent authority of the foreign country, the competent authority of Vietnam is responsible for consideration to seek out the criminal responsibility or for the enforcement of the sentence, the criminal decision of the Foreign Court to the citizens of Vietnam denied extradition. Yeah.
What? 499. The sequence, the review procedure, handles the request for criminal responsibility for the citizens of Vietnam to be denied extradition.
1. In the 10-day period since the decision of the decision to deny the extradition of the citizens of Vietnam at the request of the foreign authority ' s authority, the Court has decided to deny extradition to the transfer of records and foreign documents to the Institute of Human Rights. the supreme people to consider the pursuit of criminal responsibility.
2. The Supreme People 's Institute for the Supreme People' s Health review, which handles foreign requests for a search for the criminal responsibility of Vietnam ' s citizens is denied extradition as prescribed by the law.
3. Initiation, investigation, prosecution, trial on the person who is required to seek out criminal responsibility is conducted under the provisions of this Code.
4. Vietnam ' s authorship authority may require the authority to have the authority of the foreign country providing, supplementing evidence, documents, items to ensure the investigation, prosecution, trial, and law.
What? 500. The conditions for the execution of the sentence, the criminal decision of the Foreign Court for Vietnamese citizens were denied extradition.
The verdict, the criminal decision of the Foreign Court for Vietnamese citizens denied extradition may be enforced in Vietnam when there is sufficient conditions:
1. There is a required text of the foreign authority of foreign authority over the enforcement of the sentence, the criminal decision of the Foreign Court to the citizens of Vietnam denied extradition;
2. The offense to which Vietnamese citizens convicted abroad also constitutes a statutory crime by the Code of State of the Socialist Republic of Vietnam;
3. The verdict, the criminal decision of the Foreign Court for the citizens of Vietnam has been in legal effect and there is no further proceedings for the person.
Article 501. The sequence, the procedure that considers the request to enforce the sentence, the criminal decision of the Foreign Court for Vietnamese citizens is denied extradition.
1. In the 30-day period since the date of the requested recipient of the foreign authority over the enforcement of the sentence, the criminal decision of the Foreign Court to the citizens of Vietnam was denied extradition, the Provincial People ' s Court decided to resign. deny the extradition of foreign demands.
2. The Court has the authority to open the session by the three-judge Assembly to review the request for the execution of the sentence, the criminal decision of the Foreign Court for Vietnamese citizens denied extradition. The session must be present at the Audit Institute of the same level, who is required to enforce the sentence, decide the criminal trial of the Foreign Court, the lawyer or their agent (if any).
3. After the opening of the session, a member of the Council presents the issues concerning the request to enforce the sentence, the criminal decision of the Foreign Court to the citizens of Vietnam and the opinion of the legal basis of the implementation of the sentence, the decision. The criminal justice of Vietnamese citizens in Vietnam.
The prosecutor stated the view of the examination for the implementation of the sentence, the criminal decision of the Foreign Tribunal for Vietnamese citizens in Vietnam.
The person who was asked to enforce the sentence, the criminal decision of the Foreign Court, the lawyer, the agent of the person presented the opinion (if any).
The council discussed and decided to follow the majority of the implementation or not for the execution of the sentence, the criminal decision of the Foreign Court for the person being required.
4. The decision to enforce the sentence, the criminal decision of the Foreign Tribunal for Vietnamese citizens in Vietnam must specify the deadline for which the person must enforce a prison sentence in Vietnam on a review basis, the decision:
a) The statute of limitations of foreign penalties in accordance with the Vietnamese law, the statute of limitations in Vietnam was decided to correspond to that time;
b) The case of the nature or the deadline of the penalty by the Foreign Court is not legally appropriate to the Vietnamese law, the decision to convert the penalty to suit the Vietnamese law but not longer than the declared penalty of the Foreign Court.
5. As slow as 10 days from the decision date for the execution or not for the sentence execution, the criminal decision of the Foreign Court, the Provincial People ' s Court sends a decision to the person who is required to enforce, the Institute for Human Health Control, the Department of Public Security. Do it.
The person who is required to enforce the sentence, the criminal decision of the Foreign Court, which has the right to appeal, the Institute for People's Inspection Of the same authority has the right to appeal for a 15-day period, the High School Human Control Institute has the right to appeal in the 30-day period since The days of the People's Court are determined.
The Provincial People 's Court must send records and appeals, the appeal to the High School of People' s Court over the 7-day deadline since the expiration of the appeal deadline, the appeal.
6. In the 20-day period since the date received the filing of a request for execution of the sentence, the criminal decision of the Foreign Court has appeal, the appeal, the High School of People 's Court opened the session to review the decision of the appealed provincial People' s Court, No, no
The procedure for the review of appeal, the appeal to the decision of the Provincial People ' s Court to be made in accordance with the regulation at this.
7. The decision to enforce the sentence, the criminal decision of the Foreign Court for Vietnamese citizens in Vietnam is valid for law:
a) The decision of the Provincial People ' s Court not to be appealed, appealed;
b) The decision of the High-Level People ' s Court.
8. The procedure, the procedure of the decision to enforce the sentence, decision of the Foreign Tribunal for Vietnamese citizens in Vietnam is implemented by the regulation of this Code and the Criminal Court Act.
9. When receiving notice of an agent 's decision, the amnesty or immunity, reducing foreign penalties for citizens of Vietnam' s crime abroad is rejected by Vietnam, and the person is sentenced to death in Vietnam, the Department of Public Security. That announcement to the Court, the audits have the authority to review, the decision.
What? 502. The deterred, base and authority to apply the deterred measure.
1. The deterrent measures to ensure the consideration of extradition requests or enforcement of the extradition decision include arrest, detention, ban away from residence, putting money to secure, suspend the appearance.
2. The containment measure is applied only to the person who is considered to require extradition or extradited when there is sufficient conditions:
a) The Court has made a decision to consider the extradition request to that person or to decide the extradition to the person already in effect.
b) There is grounds that the person who is required to lead the escape or cause difficulty, impede the consideration of the extradition request or enforce the extradition decision.
3. Chief Justice, Deputy Chief Justice of the Provincial People 's Court, Chief Justice, Deputy Chief Justice of the Supreme People' s Court decided the application of regulation deterred measures at 1 Article. The judge presiding over a review of the extradition request had the right to decide the application of the prohibition away from the residence, the measure of placing money to ensure the presence of the person being asked to lead at the session.
What? 503. Arrest the prisoner who is required to lead
1. The arrest of the person who is required to take the extradition to jail or enforce the extradition decision is executed in accordance with the regulation at Article 113 of this Code.
2. The detention deadline to consider the extradition request is not too long in the arrest warrant of the competent authorities of the country asking for extradition or the deadline to be enforced or enforced prison punishment in the sentence, the criminal decision of the Court of Love. The extradition bridge.
In case of necessity, the Provincial People 's Court, the High-Level People' s Court can send text that requires the authority of the country to ask for the extradition of the order, the detention decision or extension of the person who is required extradition to ensure the review of the request. Extradition; the requested text is sent through the Ministry of Public Security.
What? 504. Forbidden from residence, suspended from the scene
1. The prohibition from the residence is the applicable deterred to the person who is required to have a clear residence in order to ensure their presence in accordance with the court's summons.
The application of the prohibition away from the residence is carried out by regulation at Article 123 of this Code.
The deadline to apply the prohibition away from the residence is not too long to ensure the consideration of the extradition request and the deadline for consideration of the appeal, the appeal to the extradition decision or the decision to deny extradition to the law of the same private equivalent. French.
2. Suspend the appearance is the applicable deterred measure to the person who is required to be extradited to ensure their presence in accordance with the Court ' s summons.
The application of the proposed adjournalization is carried out by regulation at Article 124 of this Code.
The deadline for applying the export-to-export measure is not too long overdue for consideration of the extradition request and the deadline for review of the appeal, the appeal to the extradition decision or the decision to deny extradition to the law of the same private equivalent. French.
What? 505. Putting money to make sure
1. Put the money to ensure that the deterrent may apply to the person who is required to extradate the base to the person 's property in order to ensure their presence in accordance with the Court' s summons.
2. The application of the deposit to ensure the implementation by regulation at Article 122 of this Code.
3. The deadline to apply for a deposit to guarantee is not too long overdue for the review of the extradition request and the review of the appeal review, the appeal to the extradition decision or the decision to deny extradition to the law of the state equivalent. French.
What? 506. Cancel or replace deterred
1. When the Court has the authority to decide to deny extradition or expiration of the 15-day period from the date of the decision to enforce the validity of the validity of which the country requires the extradition not to receive the extradition, all applicable deterred must be canceled. Drop it
2. The person with the authority to apply the prescribed deterred at Article 502 of the Code must promptly cancel or change the deterred by its decision if there is a violation of the law or no longer needed.
What? 507. Handling the property due to committing crimes
1. Vietnam ' s authorship agency to cooperate with the authority of foreign authority in the search, parole, commission, blockade, confiscation, property processing due to the crimes committed to the service of investigation, prosecution, trial, and criminal execution.
2. The search, hold, commission, blockade, confiscate property due to the crimes that were made in Vietnam by the provisions of the Ministry of Law and the other provisions of the relevant Vietnamese law.
3. The handling of the property due to the crime that there is in Vietnam follows the regulation of the international convention that the Socialist Republic of Vietnam is a member or by agreement in each of the specific cases between the competent authorities of Vietnam and the competent authority. The authority of the foreign country is relevant.
What? 508. Coordination of the investigation, which applies special proceedings.
1. Vietnam ' s authorship authority may cooperate with the authority of foreign authority in coordinating the investigation or application of special proceedings. Coordinating co-ordination of the investigation or application of special proceedings is carried out on the basis of an international convention that the Socialist Republic of Vietnam is a member or by agreement in each of the specific cases between the competent authorities. of Vietnam and its authority with the authority of the foreign country to be involved.
2. Coordinated coordination activities on the territory of the Socialist Republic of Vietnam are carried out by the provisions of this Code and other provisions of the relevant Vietnamese law.
The ninth.
EXECUTION CLAUSE
What? 509. Performance Performance
1. The Code is in effect from 1 July 2016.
2. The Code of Criminal Code 19 /2003/QH11 All the force since the day this Code is effective.
3. Repeal the regulation of a plea grant certificate at paragraph 3 and paragraph 4 Articles 27 of the Digital Law District 65 /2006/QH11 modified, added to some things under the Law No. 20 /2012/QH13.
The government, the Supreme People 's Examination Institute, the Supreme People' s Court rules out the details, the amount delivered in this Code.
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It was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the 10th session through November 27, 2015. /.
President of Congress. |
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(signed) |
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Nguyen Gung Xiong |
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