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Circular 06/2013/ttlt-Bca-Bqp-Btc-Bnn & Rural Development-Vksndtc: Guide The Implementation Of The Provisions Of The Code Of Criminal Procedure Of Reception, Solve Press News, Responsible Of The Crime And The Prosecution Recommendations

Original Language Title: Thông tư liên tịch 06/2013/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC: Hướng dẫn thi hành quy định của Bộ luật Tố tụng hình sự về tiếp nhận, giải quyết tố giác, tin báo về tội phạm và kiến nghị khởi tố

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THE MINISTRY OF STATE-MINISTRY-THE MINISTRY OF FINANCE-MINISTRY OF AGRICULTURE AND AGRICULTURAL DEVELOPMENT-INSTITUTE OF THE SUPREME PEOPLE.
Number: 06 /2013/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 2, 2013

FEDERAL INFORMATION

Oh. It ' s not going to work. B The rules I I mean, I'm going to have to take a look at that.

reports about crime and prosecution petitions

________________

Ministry base l Oh, I It was in 2003.

The French base. l the strum Nest Go. Okay. 2004 criminal investigation. socket i, b socket 2006, 2009);

Fuck! Okay. apply properly and unify the regulations of the 2003 Code of Criminal Procedal Code on the receiving, denouncing, trust b. Ah! o ' s about crime and prosecution petitions, Minister of Public Security, Minister of Defense, Minister of Finance, Minister of Agriculture and Development of the Ministry of Finance deployed The countryside, the head of the Institute for Human Control. Yes. The Supreme Board of Justice Okay. The orientation of the Code of the Ministry. l -Yeah. Stain. It's a picture. Okay. ti What? p, p. What? Denounce, trust b. Ah! o v Okay. Crime and ki What? Let's start. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This joint venture guidelines for the implementation of the 2003 Code of Criminal Proceditants on the receiving, denouncing the prosecution, the reporting of the crime and the prosecution petition.

What? 2. Subject applies

This joint venture applies to criminal proceedings, the conduct of criminal proceedings and agencies, organizations, and other individuals involved in the receiving, denouncing the prosecution, the report of crime and the prosecution.

What? 3. Explain words

In this Relevant Information, the words below are understood as follows:

1. The face of crime is that information on the behavior of a person with a personal identity, the address is clearly provided to the agency, the individual responsible for receiving, addressing.

2. News of the crime is that information on behavior has signs of crime on the mass media or by the agency, the organization that provides the agency, the individual responsible for receiving, addressing.

3. The prosecution is the employment of state agencies when carrying out its mission to detect criminal signs and have the investigative text of the investigation into consideration of the criminal case.

What? 4. The principle of reception, whistled resolution, criminal news and prosecution petitions.

1. The reception, the prosecution of the prosecution, the report on the crime and the prosecution petition must follow the rule of law. It is not for any reason to reject the receiving, denouncing the prosecution, the report on crime and the prosecution petition.

2. Only the agencies with the authority to resolve the whistled, the news of the crime and the new prosecvation of the prosecution are conducted to resolve the prosecution, the news of the crime and the prosecution petition. A person who works as a legal person in a whistled resolution, reports of crime and prosecitalization, is subject to the nature, level of violation that is subject to disciplinary action or is subject to criminal responsibility.

3. When it comes to denouncing, the report on crime and the prosecution of the prosecution, the individual, the receiving unit is not disclosed to the reception which is given to the individual, the agency, the organization without jurisdiction.

4. The receiving agency, the prosecution of the prosecution, the report on the crime and the prosecution of the prosecution is responsible for responding to the agency, the organization reported, the prosecution petition or the person who had denounce the crime. The agency received, the settlement was kept secret for the agency, the organization, the informers, and the instructions that they were going to measure, how to keep the information confidential, the message.

5. The case of the trial is necessary, the agency to accept, resolve the prosecution, the report on the crime and the petition for the prosecution to apply or offer to apply the necessary measures to ensure the safety of life, health, honor, dignity, property, property, and safety. for the agency, the organization reported, the petition for the prosecution; the man who denounced the crime and their loved ones.

6. All cases do not do or make left regulations on reception, denouncing the prosecution, the news of the crime and the prosecution petition resulting in untimely prevention, rectify the consequences of the offense, the offender to flee, destroy the evidence, deleting the evidence. The wounds must be dealt with by law.

What? 5. Responsible for the prosecution, the report on crime and the prosecution petition

1. The agency, the organization responsible for receiving the prosecution, believes the crime includes:

a) The body of inquiry in the People's Security;

b) The Army of the People's Army;

c) The investigative body of the Supreme People ' s Examination Institute;

d) The Central Military Service's investigation body;

The Border Patrol.

e) Customs Enforcement;

g) the Agency for the Forest Service;

h) Sea Police Force;

i) The other agencies of the People ' s Public Security are tasked with conducting a number of investigative activities;

l) Other agencies of the People ' s Army are tasked with conducting a number of investigative activities;

l)

m) the commune, the ward, the town, the fort, the secure station;

n) The court;

p) Press Agency;

q) Other agencies, organizations.

2. The agency, the organization that is responsible for the reception of the prosecution petition includes:

a) The body of inquiry in the People's Security;

b) The Army of the People's Army;

c) The investigative body of the Supreme People ' s Examination Institute;

d) The Central Military Service's investigation body;

The Institute of Police received and transferred immediately to the Court of Jurisdiction to address it.

What? 6. Authority to resolve the whistled, report on crime and the prosecution petition

1. The Agency with the authority to address the prosecution, the report on the crime included:

a) The body of inquiry in the People's Security;

b) The Army of the People's Army;

c) The investigative body of the Supreme People ' s Examination Institute;

d) The Central Military Service's investigation body;

The Border Patrol, the Customs, the Forest Service, the Marine Police Force and other agencies of the People 's Public Security, the People' s Army was tasked with conducting a number of operations operations when carrying out the duties in the management sector that continued to be carried out. The coroner's report on the criminal charges of his agency's investigation, the criminal investigation, reports of the crime.

2. The authorities with the authority to resolve the prosecution petition include:

a) The body of inquiry in the People's Security;

b) The Army of the People's Army;

c) The investigative body of the Supreme People ' s Examination Institute;

d) The Central Military Police Agency's investigation.

3. The authority to resolve the prosecution, the report on the crime and the prosecution of the prosecution of the bodies identified under the jurisdiction of the investigation.

Chapter II

SPECIFIC REGULATION

What? 7. The task of receiving the whistled, reporting on crime and prosecution petition

1. The investigative agency after receiving a whistled, criminal report on the crime and the petition to prosecute the resolution of the authority of the body must proceed with examination, verification. The whistled, criminal reports of crime and the prosecution of the prosecution are not under the jurisdiction of his body shortly after receiving the right to denounce, the report of the crime and the petition of the prosecution accompanied by documents related to the Census. The authority to solve.

2. The authorities tasked with conducting a number of investigative activities after receiving the prosecution, news of the crime or self-detection of a sign of the crime under the authority ' s investigation authority inform the Institute of the same level, the Census Agency said. We have jurisdiction and verification, verification. The case of the prosecution, the criminal report and the non-jurisdiction of the prosecution's jurisdiction, must be transferred to the right of the proceedings, the report of the crime and the petition to the prosecution, and the relevant documents that are relevant to the Agency for the investigation. The right to solve.

3. The Institute of Examination after receiving the case, reports on the crime and the prosecution petition must be transferred immediately to the Executive Authority with the authority to resolve with relevant documents.

4. The agencies, the organization stipulated at the m, n, p, q paragraph 1 Article 5 This joint venture, after receiving a sense of the criminal charge responsible for reporting the information received to the Census Bureau. The emergency may be reported directly or over the phone and other forms of communication but then must be expressed in writing.

5. For the whistled, the report on the crime is stated on the mass media of the agency's investigation authority, which unit, the unit, noted and solved in accordance with the function, the mission is delivered.

6. The agencies, held after the prosecution, believe the crime is not part of the agency ' s settlement, the organization itself has to move right to the agency with the authority to resolve; at the same time, if the test does not make it difficult for individuals, agencies, organizations, The report or not to affect the test, verify, prevent crime, instruct them to go to the right authorities to denounce, report on the crime. In case of urgency, the need to stop the crime, gather evidence, protect the crime scene, then have to take a timely resolution of the rule of law.

What? 8. The organization continues to denounce, report on crime and the prosecution petition

1. The investigation agency in the People's Public Security and the Institute of Examination of the Subordinate Organization must be held in a criminal body to fully accept all the elements, report on the crime and petitions of prosecution; categorisen and transfer immediately to the competent units to resolve. The destination must be located in a convenient location, with a wide sign of the name of the agency and the wide announcement for everyone to know. The investigation agency in the People 's Army, the Border Defense Department, the Customs and Forest Service, the Marine Police Force and other agencies of the People' s Public Security, the People ' s Army was tasked with conducting a number of cadres that investigated the cadres to continue. The prosecution, the report of the crime and the prosecution's petition. The agencies, the other organizations, are responsible for taking all the elements of the crime.

2. The investigation agency, the Institute of Compact, Border Service, Customs, Forest Service, Marine Police Force and other agencies of the People 's Public Security Service, the People' s Army assigned to conduct some of the investigation activities, report on the investigation. Crime and petitions for prosecution, petition, or public information are required to receive and enter the report of the prosecution, the report of the crime and the prosecution. If the person directly comes to the point of the crime or the agency's representative, the organization directly comes to the report of the crime, and the receipt of the prosecution's report of the crime, the report of the crime. If the individual whistled on the crime or agency representative, organizing a report on the crime over the phone, other means of information must take on and write the report on the prosecution, the report on the crime and the prosecution petition, if it is important or important. You see, you can record, you can record. In the event of an offender who commits suicide, he has to set up a confession to commit the offender to commit suicide.

What? 9. The whistled resolution, the crime news and the prosecution petition

1. After receiving the information concerning the crime, the Agency for the investigation must conduct the classification, the initial preliminary verification. If that information is to be determined, the report of crime and the prosecution's petition, which is under the jurisdiction of his body, is in the three-day period of work, the Chief Executive Officer has to make a decision to resolve the prosecution's resolution, the report on charges. scope or petition to prosecute and submit immediately a copy to the Institute for the Inspection of the same level to examine the resolution of the whistled, the news of the crime and the proposed prosecution by the rule of law. For the prosecution, the report on the crime and the prosecution petition after it was clear about the sign of the crime, the Agency investigated the criminal case and execution, the procedure stipulated at paragraph 3 Article 104 of the criminal proceedings of the year. In 2003, it was not the decision to resolve the resolution of the prosecution, the news of the crime or the prosecution petition.

2. Ministry of Border Protection, Customs, the Forest Service, Sea Police and other agencies of the People 's Public Security, the People' s Army is tasked with conducting a number of investigative activities when carrying out the duties in the management sector that continue to operate. The prosecution, the report of the criminal jurisdiction of the agency, is urgent to conduct a test, verify, decide whether to prosecute or not prosecute criminal cases; at the same time, notice immediately in writing to the Accountability Institute. It ' s about monitoring the law in the investigation of your agency. The case of the decision to prosecute the criminal case was carried out by sequence, the procedure stipulated at 3 Articles 104 criminal proceedings in 2003.

3. The case after addressing the prosecution, the news of the crime and the prosecution petition, the agency ' s decision to resolve the decision not to prosecute the criminal case and determine whether other violations of the law occurred, in the three-day period of work, since the trial. The Institute for Examination Has written consent on the results of the settlement in accordance with Article 13 of this Article 13, the agency that conducts a resolution of the case to save and transfer the profile, the document (the main version) is related to the competent authority to handle.

What? 10. The mission, the powers of the Prime Minister, Deputy Chief Executive Officer, Investigation Officer

1. In the whistled resolution, the report on the crime and the prosecution petition, the Chief Executive of the Executive Office has the following, the following powers:

a) Direct organizing and directing the inspection, verification of the source;

b) The decision to be assigned to the Deputy Chief Executive Officer, Investigation of the Prosecution Resolution, the report on the crime or the prosecution petition;

c) Check out the test activities, verify the source of the Deputy Chief Executive Officer and Investigate Officer;

d) Decision to change the investigator;

The decision of the bridge is determined by the decision; the decision of the exhumation is determined;

e) Resolve the complaint, denouncing the jurisdiction of the Executive Office;

g) The decision to prosecute the case; the decision not to prosecute the case;

h) Direct conduct of the tests, verify the source;

i) The tasks, the other powers under the laws of criminal proceedings.

When the Chief Executive Officer is absent, a Deputy Minister is mandated by the Prime Minister to perform the duties, the Prime Minister ' s powers. The Deputy Chief is accountable to the Chief Minister for the task of being delivered.

2. When it is assigned to denounce, believe in crime or prosecution petitions, Deputy Head of the Bureau of Investigation has the tasks and powers prescribed at points a, e, g, h, i paragraph 1 This.

3. The investigator is assigned to resolve the prosecution, the report on the crime or the prosecution petition has the following duties and powers:

a) A case of whistled resolution, criminal news or prosecution petitions;

b) convene and take the testimony of those involved in testing, verify the source;

c) Progress examination of the field, autopsy, treatment, identification;

d) proceed to other activities under the jurisdiction of the Agency for the investigation by the Chief Executive Officer.

4. The Prime Minister, the Deputy Head of the Executive Office must be held accountable to the law on his conduct and decisions.

The investigator is accountable to the law and in front of the Chief Executive Officer on his actions and decisions.

What? 11. Check out the prosecution ' s case, report on crime and the prosecution petition

1. After receiving the decision to resolve the prosecution of the prosecution, the report on the crime or the prosecution petition of the Investigated Agency at a Article 9 of this federation, for a three-day period of employment, the Institute of Public Security Service has to make a decision. The analysis of the resolution of the prosecution of the prosecution, the report on the crime or the petition to the prosecution and the sending of a copy to the Agency for the investigation, has decided to resolve the resolution of the prosecution, news of the crime or the prosecution's petition. For the prosecution, the report on the crime and the prosecution's petition was clear about the sign of the crime that the Agency had made a decision to prosecute the criminal case, the head of the probation officer for the inspection of the prosecutor's execution of the prosecution and the investigation of the investigation. The procedure, the procedure specified in paragraph 3 Article 104 of the criminal proceedings in 2003.

2. After receiving the notification text of the Border Office, Customs, the Forest Service, the Marine Police and other agencies of the People 's Public Security, the People' s Army was tasked with conducting a number of regulatory operations at the time of the operation. Of these two Articles 9, the Institute of Examination conducted the inspection in accordance with the laws of criminal proceedings.

What? 12. The mission, the powers of the Institute, the Deputy Director of the Institute for Examination, Examination

1. When carrying out the examination of the whistled resolution, the report on the crime and the prosecution petition, the Institute of Public Security has the following duties, the following powers:

a) Organization and direction of activities that examine the prosecution of the prosecution of the prosecution, the news of the crime and the petition to the prosecution;

b) The decision to be assigned to the vice president of the examination, the examination of the prosecution for the resolution of the prosecution, the report of the crime or the petition of the prosecution;

c) Directoring, examining activities that examine the compliance of the law in the prosecution of the prosecution, the report on the crime and the prosecution petition of the Deputy Director of the Institute of Examination and Auditor;

d) Decision to change the Audite;

Solving the complaint, denouncing the jurisdiction of the Institute of Examination;

e) Request the Agency for the investigation, the agency to be tasked with conducting a number of investigative activities that rectify the violations of the law in the prosecution of the prosecution, news of the crime and petitions of prosecution;

g) Resolve disputes over the jurisdiction of the whistled resolution, the news of the crime and the prosecution petition.

When the Institute of Corrects is absent, a Deputy Director is given the mandate by the Chief Executive Officer, the authority of the Institute of Ministers. The Deputy Minister is accountable to the Institute for the task of being delivered.

2. When it is assigned to examine the solution of the prosecution, the report on the crime or the prosecution petition, the Deputy Director of the Institute for the Examination has the duties and powers prescribed at points a, e, g 1 Article.

3. When being assigned to examine the solution of the prosecution, the report on the crime or the prosecution petition, the Examine has the following duties and powers:

a) Check out the examination, verify the source of the Agency for the investigation according to the rule of criminal proceedings;

b) Check out the prosecution of the whistled solution, the report on the crime or the prosecution petition;

c) To examine the outcome of the whistled solution, the report on the crime or the prosecution petition.

4. The Institute of Ministers, Deputy Director of the Institute for Examination must be held accountable to the law of his acts and decisions.

The auditor must be held accountable to the law and before the Institute of Ministers, the Deputy Director of the Institute for Examination of his actions and decisions.

What? 13. Notice the receiving results, denouncing the prosecution, the report on crime and the prosecution petition

1. At the end of the whistled resolution, the report on crime and the prosecution petition, in the 3-day period of work, the agency has the authority to resolve the prosecution, the report on the crime and the prosecution petition must submit the results of the settlement with the prosecution profile. senses, reports on the crime or the prosecution petition for the Institute of the same degree; for a period of 6 working days, the Institute of Examination must have a written expression of consent or disagreeing on the outcome of the settlement.

The case has expired the case of the prosecution, the report on crime and the petition for the prosecution stipulated at Article 103 of the 2003 Criminal Procedal Code that the authorities had the authority to address the prosecution, news of the crime and the unsubstantiated prosecution of the prosecution. The prosecution or the decision not to prosecute the criminal case, then the written notice to the Institute of the same level is known to unify the settlement.

2. In the 12-day period of work after the end of the prosecution ' s decision to resolve, the news of the crime and the prosecution petition, the agencies, the unit reception, the prosecution of the prosecution, the report on crime and the prosecution of the prosecution was responsible for informing the individual, the agency. Officials, the organization provided information or recommendations that the prosecution knew the outcome of the incident or was reported, the incident came to the agency, the unit had the authority to address it.

What? 14. Information Mode, reporting for the reception, denouncing the prosecution, reporting on crime and the prosecution petition.

1. The Agency for the investigation of the deputies responsible for the announcement of the receiving situation, the prosecution of the prosecution, the report on the crime and the prosecution petition to the Institute for the Periodic Examination: monthly for the district level, three months for the provincial level, six months on With the central level.

2. The Institute of Examination of the Acute Examination of the Situation Examination of the Situation Examination, the report on the crime and the prosecution petition to the Agency for the Periodic Inspection: monthly for the district level, three months for the provincial level; six months. for the central level.

3. The investigation agency in the People 's Public Security, Customs Enforcement, Forest Service and other agencies of the People' s Public Security is tasked with conducting a number of investigative activities responsible for aggregation of data on the results of the reception, denouncing the prosecution, the report on. Criminal justice and a monthly situation report for the Public Security Agency. The Public Security Agency is responsible for aggreging the number of figures and reports of the reception, the prosecution, the report on crime and the prosecution of the prosecution at the joint interdisciplinary meetings; and monthly reports on the public office. (in office). The Security Service, the Police Agency for the Police Department, the Supreme People's Research Agency, is responsible for aggregation of the data on the results of the results, the prosecution, the report of the crime and the monthly prosecution of the agency. I'm reporting the Ministry of Public Security (through the Office of the Ministry of Public Security).

The Institute for Examination Of Grants is responsible for aggregatory of data and reporting of the investigation of the prosecution, the report on the crime and the prosecution of the prosecution at the joint interdisciplinary meetings; and monthly reports to the Institute of Superior Examination.

4. In the People 's Army: The Census Bureau, the Border Guard, Sea Police, other agencies of the People' s Army are tasked with conducting a number of operations operations that are responsible for statistical number of reports and whistled results, the report said. In terms of crime, the prosecution petits the prosecution to the Criminal Convisions. The Agency for Criminal investigation is responsible for aggregation and reporting results with the upper-level criminal investigation agency. The Defense Ministry criminal investigation body is responsible for aggreging of the results of the reception, denouncing the prosecution, the news of the crime and the prosecution of the investigative agencies, the other agency tasked with conducting a number of operations under the Ministry of Defense. room in both the country and the written report on the Ministry of Public Security (through the Office of the Department of Public Security) under a 6-month term or a break-in at the request.

The Military Police Department is responsible for the total responsibility for the investigation of the prosecution, the report on crime and the prosecution of the investigators, the other body tasked with conducting a number of operations under the Defense Ministry. In order to report the superior military inspection, the Central Military Police Institute aggregate the general situation in the country reporting the Supreme People's Control Institute.

5. The Ministry of Public Security is responsible for the aggregation of the situation, the prosecution of the prosecution, the report on crime and the prosecution of the prosecution in the country; the six-month period of written notice to the Supreme People's Control Institute.

6. The Supreme People's Institute is responsible for aggreging the results of the results of the test of the prosecution, the report on crime and the prosecution of the prosecution in the country; the six-month period of written notice to the Ministry of Public Security.

7. How to calculate the statistical time and send the metrics to the authorities:

a) The 01-month figures were dated 16 months before the end of the 15th and sent before the 20th of that month;

b) A 3-month term count was calculated from 16/11 years ago to the end of February 15th and sent before February 20; from 16/2 to the end of 15/5; from 16/5 to the end of 15/8 and sent before 20/8; from 16/8 to the end of 15/11 and sent before. November 20th;

c) The number 6 months of the first year was calculated from 16/11 years ago to the end of 15 May that year and sent before May 20; the last 6 months of the year was calculated from 16/5 to the end of 15/11 that year and sent before November 20.

What? 15. The pattern used in the reception, denouncing the prosecution, the report on crime and the prosecution petition

The board is accompanied by this Relevant Information of the forms to use the unity in the reception, denouncing the prosecution, the report on crime and the prosecution petition, including:

1. The Chronicle Receivation of Automated Offender (Form TBTP1);

2. The receipt of denouncing, reporting on the crime (Form TBTP2);

3. Manual of the Sensory Perception, Crime and Prosecution Recommendations (Form TBTP3);

4. Decided to resolve the whistled solution, report on crime and the prosecution petition (Form TBTP4);

5. The decision to deliver the examination of the prosecution of the prosecution, the report on crime and the prosecution petition (Form TBTP5);

6. Notice the results of the whistled solution, the report on crime and the prosecution petition (Form TBTP6);

7. Statistical Statistics, Crime News and Prosecution Recommendations (Form TBTP7).

Chapter III

EXECUTION CLAUSE

What? 16.

This federation has been in effect since 16 September 2013.

What? 17.

The agencies, the relevant unit of the Ministry of Public Security, the Ministry of Defence, Ministry of Finance, Ministry of Agriculture and Rural Development, the Supreme People ' s Examination Institute is responsible for enforcement and enforcement of the guidelines at this Federal Information.

In the process of carrying out this joint venture if there is an entangrium, the agencies, the relevant unit reflect the Ministry of Public Security, the Ministry of Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the Supreme People's Control Institute for a timely guidance.

KT. Minister of the Ministry of Public Security
Chief.

KT. SECRETARY OF DEFENSE
Chief.

KT. MINISTER OF FINANCE
Chief.

(signed)

(signed)

(signed)

General Lê Guan Wang

General Nguyen Cheng

Đỗ Anh Tuan

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

KT. Minister of Agriculture and Rural Development
Chief.

(signed)

(signed)

Nguyen Hai Phong

Hà jun Tuan