Advanced Search

Circular 05/2005/ttlt/bca-Vkstc-Bqp: About The Relations Between The Authorities And The Procurator In The Implementation Of Some Provisions Of The Code Of Criminal Proceedings, 2003

Original Language Title: Thông tư liên tịch 05/2005/TTLT/VKSTC-BCA-BQP: Về quan hệ phối hợp giữa Cơ quan điều tra và Viện kiểm sát trong việc thực hiện một số quy định của Bộ luật tố tụng hình sự năm 2003

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR on relations between the authorities and the Procurator in the implementation of some provisions of the code of criminal procedure in 2003 To investigate Agency, Procurator of the levels correct and uniform enforcement of some provisions of the code of criminal proceedings in 2003 (hereafter abbreviated as the CRPC) during the investigation period , the prosecution, the Supreme People's Procuratorate, Ministry of public security and the Ministry of defence unification guidelines are as follows: 1. On the change or cancellation of the decision is not unlawful and base of the Deputy Heads of the investigation (Article 34 paragraph 1 d) 1.1. With regard to the decision of the investigating agency Deputy Prime, CRPC not specified must have the approval of the procuratorate finds no grounds and against the law, the heads of the investigation decision change or cancellation. Immediately after the decision change or cancellation, the investigating agency must submit this decision to the Procuratorate at the same level and those involved in the proceedings concerned.
1.2. With respect to the decision of the Deputy Head of the investigation agency, CRPC rules must have the approval of the Procuratorate but not yet sent to the Procuracy that detects no base and contrary to law, the heads of the investigation decision change or cancellation. If the decision has been sent to the Procurator, but Procuracy hasn't yet decided whether to ratify, the heads of the investigation have suggested text Procuratorate to withdraw this decision and the decision change or cancellation; If you do not agree, the prosecutor decided to Institute the change or cancellation as specified in paragraph 5 to article 112 of the CRPC.
1.3. for the decision of the Deputy Head of the investigation agency has been approved by Procuracy that detected no base and contrary to law, the heads of investigation recommendations Minister Prosecutor the same level or superior Procuratorate directly decide to change or cancel. Immediately after the decision change or cancellation of the decision of the Deputy Heads of the investigation, the Procurator must submit to the investigating authorities to make.
2. About changing the investigator, Deputy Heads, heads of investigation; Prosecutor, Deputy Director, Institute Chief Procurator (article 44 and article 45) 2.1. When investigators in one case change or to refuse to conduct the proceedings provided for in paragraph 1 to article 44 of the CRPC, the Prosecutor has the right to suggest investigative agency heads consider to change the investigator or Prosecutor Minister proposed levels themselves consider to ask heads of investigation to change investigators. Within three days from receipt of proposal or written request of the Minister at the same level, if the Prosecutor considers the base heads the investigation must decide to change investigators; If not, the base announced in writing stating the reason to the Procuratorate at the same level know.
Change the case of Deputy Heads of the investigation, the investigating agency heads decided to assign other heads or Deputy Heads direct authorities conducted the proceedings with regard to the case; at the same time informed that assigning to the Procuratorate at the same level.
2.2. If the investigating agency heads, heads of military investigation of the area, the heads of province-level investigation, agency heads to investigate military-grade military districts were changed or to refuse to conduct the proceedings in one of the cases provided for in paragraph 1 to article 44 of the CRPC, the base item 2 of this The investigating agency, suggested the Procuratorate at the same level the decision to transfer the case to the investigating agency supervisor conducts the investigation and the Procuracy report in writing the transmission case with the Minister the superior prosecutor directly to steer the prosecution practice and make police investigate the case; If the heads Central Investigation Agency is changed or to refuse to conduct the proceedings, then the leadership ministries (the Ministry of public security, the Ministry of defence, the Minister of the Supreme People's Procuratorate, Director of the Central Military Procurator) decision to a Deputy Head of the Agency investigating the conduct of the proceedings for the case.
The decision to change the investigator, Deputy Heads, heads of investigation must be sent to the Procuratorate at the same level and put into the case file.
2.3. When it detects that the Prosecutor in one case change or to refuse to conduct the proceedings stipulated in article 45 of the CRPC, the Agency investigated the petition stating reasons to Procurator at the same level considering the change. Within three days from when it received the recommendations of the investigating agency, if the base is found, Deputy procuratorate must decide to change the Prosecutor; If you see no change in base, the Prosecutor announced in writing stating the reasons for the investigation agency said.
Case change Deputy Procurator, the Minister the prosecutor decided to assign Deputy Director or head directly to conduct proceedings for the case; at the same time announcing the change, assigning it to the same level of investigation.
2.4. When the base is being changed or to refuse to conduct the proceedings in one of the cases specified in clause 2 Article 45 of CRPC shall Minister Prosecutor not conducting proceedings for the case; If carried, the Procuratorate report Minister superior prosecutor directly to the decision to assign a Deputy Director of the Institute of prosecution where the Director changed the proceedings are conducted for the case and notify the investigating authorities are accepting the case. In this case the Procuracy supervisor is responsible for checking, direct the Procuracy where that practice the right public prosecutor and the prosecutor investigating the case.
The decision to change and the assigned Prosecutor, Deputy Minister, the Prosecutor must be sent to the Agency investigated the case for inclusion in the case file.
3. To base record people in case of emergency, the procedure to ratify the emergency arrest (article 81) 3.1. Just be an emergency catcher when there is enough material to prove the emergency catcher in one of the cases provided for in paragraph 1 to article 81 of the CRPC. If getting an emergency as defined in art. 1 of this article, the file must have the documents proving the grounds to believe that the person is preparing very serious offences or particularly severe crimes. If getting an emergency as defined in point b of paragraph 1 of this article, the file must have the record the testimony of the victim or the testimony of the people present at the place where the crime occurred and eyes to confirm it is true that people have made crime and documents or other base proves that people will flee. If getting an emergency as defined in point c paragraph 1 this then is collected or recorded trace, documents, objects related to the offences in premises or persons in the workplace, of persons suspected of criminal execution.

It should be noted, to correct the perception that person could hide under the provisions of point b, c paragraph 1 Article 81 of the CRPC, who has the authority to order emergency catcher and Procurator when considering approval of an emergency warrant to base and reviews in a comprehensive manner on the face as : identities that person (have money, the money, wandering with no apparent place of residence ...), the serious nature of the offence and the offender is taken and the practices showed the offenders often escape as the crime of theft, fraud, robbery, murder, illegal sales of narcotics ...
3.2. in case of emergency, the arrest mandate immediately after the end of the emergency catcher, investigating authorities are mandated to notify the investigating agency has mandated to get people arrested and the relevant documents. When led arrest on awards to its headquarters, the Agency investigating the case must turn right the profile attached to the decision entrusting the emergency catcher for the Procuratorate at the same level for approval.
3.3. the suggested profile Procuratorate approved the arrest of review in the case of emergency includes the following documents: a) The writer suggested the Procuratorate approve the emergency arrest;
b) warrant an emergency, which must specify the emergency catcher in the case prescribed in clause 1 Article 81;
c) minutes of catching people in case of emergency;
d) notification, denounces crime; recommended the prosecution of State bodies;
DD) The relevant documents as a basis for deciding the emergency catcher for each case specified in point 3.1 of this entry.
e) material about themselves people arrested;
g) testimony of the arrested emergency (if available);
h) A listed the names of documents in the record and each document page is stamped pen record of investigating authorities.
3.4. In all cases the time limit for considering ratification of emergency ordered by the Procurator must comply to the provisions in paragraph 4 to article 81 of the CRPC. If you have to meet, ask the person arrested, or in the case to consider the approval of many people arrested at a time of emergency or incident has more complicated then this term is also not so in 12 hours, since the Procurator received recommended approval review records. The 12-hour time limit considering ratification be counted both in and outside of work. Therefore, after leading the tournament people arrested of his headquarters, the Agency investigating the case must turn right resume have enough documents specified in point 3.3 of this entry to the Procuratorate at the same level considering ratification. Holidays or outside working hours daily, Procurator of the levels must be sent to General Prosecutor at Headquarters to perform the tasks.
3.5. In case of need, the Procurator must meet, ask people arrested before considering the decision to approve or not approve warrant emergency provisions in paragraph 4 to article 81 is the case study profile saw signs of abuse the emergency catcher or material evidence in the record catch of emergency not yet clear grounds for arrest or emergency There is a conflict.
When I see you, ask the emergency arrest, Prosecutor must inform the investigating agency to facilitate Prosecutor perform tasks or to coordinate during the meeting, ask the person being arrested.
The minutes record the testimony of the people arrested by the Prosecutor must be transferred to the Agency to take on the case file.
4. The work to be done as soon as the emergency catcher or get people arrested in case of indictment (article 83) 4.1. Pursuant to article 83 clause 1 of the CRPC, within 24 hours since the arrest on awards that have led to the headquarters, the Agency investigating the case are testimony shortly and have the right to decide the custody or freed people arrested, not wait for the Procuratorate approve warrant emergency. Therefore, the case investigating authorities freed the captured then immediately notify the Prosecutor not to Institute approved warrant emergency; the case Agency has custody decisions but have no grounds for an emergency warrant approval of the Procurator requested the Agency to investigate the decision to cancel the decision of custody and freed immediately to the person detained.
4.2. for people arrested in the case, the investigating agency to get arrested to get the testimony, establish only a photograph, people arrested and sent immediately to announce only list attached a photo of that person, to have a decision wanted to get people arrested.
The case agency deems a decision wanted to get arrested, then the kite body investigate getting arrested and sent the custody decision immediately decided to temporarily keep the Procuratorate at the same level. If the Agency had decided to pursue yet to get people arrested at the latest before the expiry of the 12-hour custody, authorities received arrest must transfer the records attach suggest Procurator at the same level to extend detention for people arrested. The time limit for the extension of detention and the review of custody approval is done according to the provisions in clause 2 Article 87 of the CRPC.
4.3. after receiving the notice accompanying the list just a photo, the person arrested, the Agency took the decision wanted to test the right to determine the true people who are wanted or not; If true then to immediately investigate agency where the receiving person arrested wanted to get people arrested; If not correct to report back soon to the investigating agencies are keeping people arrested for their freedom. The case can't go to get right people arrested, the agencies have decision making authority to arrest most wanted custody to detention orders and send out the order of detention accompanied anti-French decision for Procurator at the same level for approval.
The case is criminal in prison escape detention place start, then oversaw detention decisions, conducting the initial investigation activities and the transfer of records to the competent investigation authority to the case prescribed in article 23 of the Ordinance on the Organization of criminal investigation.
The term Procurator review approved detention orders for the cases specified in point are not too 24 hours, since the get recommended approval to the decision-making authorities wanted to send timely detention order accompanied by the decision to approve the detention order which gives investigating authorities get people arrested.
4.4. After receiving the detention order has been approved, the Procuracy investigation get people arrested are responsible for the immediate award of the arrested to the nearest detention camp. The delivery man is caught between the authorities and the detention camp; between the detention and the Agency wanted to establish decision thereon in accordance with Article 95 of the CRPC. Record the testimony of people arrested, custody decisions, the decision to extend custody and decided to approve the decision to extend the custody, detention orders and decided to approve the detention order of the Procurator, other related documents and delivery person arrested must be brought into the case file.
5. The approved detention orders in case people are detained is accused (paragraph 3 to article 88)

5.1. To guarantee in the time the Institute review approved Prosecutor ordered the detention for persons under custody are being accused is still in the custody time limit at the latest 12 hours before the expiry of the custody or detention, the investigating agency must records suggest validating the decision to prosecute accused and suggested the detention command accused approval to the Procuratorate at the same level. When the records were transferred to the Procuratorate at the same level. When the records were transferred to the Procuratorate to approve the review, if there are additional documents, the investigating authorities must move immediately to the Procurator to timely serve for approval.
In this case, the approved review the decision to prosecute accused was conducted together with the review of detention orders accused approval. If not enough to prosecute accused base, but the base is the extension of detention, the Procurator requested the Agency to investigate the decision to extend custody and sent immediately to the Procurator. Within the time limit the extension of the custody, the investigating authority must urgently gather, consolidate, document evidence and proceed directly to the Procuracy to consider ratification of the decision to prosecute accused.
If the Procuratorate approved the decision not to cancel the decision to prosecute accused and require investigating authorities freed immediately for people detained. The case has renewed the custody, if not approved, the Procuratorate decision to revoke the decision to prosecute accused and the decision to free people detained.
If the criminal suspect is grounded, but with no need for detention of accused, the Procuratorate decision validating the decision to prosecute accused and a decision not to approve the detention order; If necessary, consider asking the Agency to investigate application of other preventive measures for the accused.
5.2. review proposal approval records decided to prosecute accused and approve the detention order in the case of people who are detained under accused, include the following documents: a) The suggested review ratification of the decision to prosecute accused and suggested the detention command accused approval;
b) custody decisions, the decision to extend custody (if available); custody order accused;
c) decided to prosecute the case, the decision to prosecute accused;
d) minutes of a decision to prosecute accused signed or only of the accused;
DD) minutes of testimony of people detained, questioned accused thereon (if available) e) The documents proving the offence of the accused;
g) material about themselves accused;
h) A listed the names of documents in the record and each document page is stamped pen record of investigating authorities.
6. The time limit for custody is deducted from the duration of detention and recording duration in the order of detention (paragraph 4 to article 87) pursuant to article 87 paragraph 4 of CRPC shall in the case of the custody and detention of continuous or non continuous with each other, the duration of custody must be deducted from the duration of detention to investigate. If detention is continuous with the custody time limit for detention be counted next the last day of the time limit for custody, not hooded up detention time limit the time limit for custody.
Pursuant to article 96 of the CRPC when calculating the duration of custody, the detention time limit expired on the end of the time limit stated in the order. If the time limit is calculated by month, a month is counted as thirty days. Therefore, when calculating the duration of custody, detention must be based on the actual time limit stated in the decision of custody, detention orders and continuity all day (Saturday, Sunday, holidays, new year) if the time limit for custody, detention coincides on holidays. A month is calculated by month enough is thirty days, not days by month, lack or excess (28 or 31 days).
Recording time limit of detention orders in the case have been accused previously of custody be taken uniformly as follows: detention time limit is counted by date, starting from the date of the detention order and ending on the day of the month when the corresponding number of days detention required (minus the number of days custody).
Example 1: Nair A custody 3 days, from 1/3 to October 4, 2004, then A prosecution accused and ordered the detention of 2 months, the term of detention for the accused is actually 1 month 27 days (except 3 days custody). Therefore, the time limit of detention orders recorded are: detention within 57 days from January 4/3/2004 to 29/4/2004 for accused Nair A. Example 2: Trần Thị B detained 6 days, from August 5, 2004 to February 10, 2004, when he was in Foreign Affairs. After a month, B is accused and arrested for the detention period is 2 months, then the term of detention for the accused actually B is 1 month and 24 days (minus 6 days custody). Therefore, the time limit of detention orders recorded are: detention within 54 days from April 11/4/2004 to 3/6/2004 for accused Trần Thị B. 7. About prosecution and prosecution in the criminal prosecution (articles 104, 105 and 109) 7.1. The implementation of the Prosecutor and prosecution authority to prosecute criminal cases stipulated in articles 104 and 105 of the CRPC is done as follows: within the time limit specified in paragraph 2 to article 103 of the CRPC, the investigating authority must examine, verify reports, crime, denounces the prosecution recommendation of State bodies; If signs of crime happens, the decision to prosecute criminal cases; If there is one of the bases stipulated in article 107 of the CRPC, the decision not to prosecute criminal cases. Within 24 hours, since the decision to prosecute or not to prosecute criminal cases, investigating authorities must submit that decision accompanied by the relevant documents to the Procuratorate at the same level.
Within 3 days from receipt of the decision to prosecute or not to prosecute in the criminal and related documents, if you see enough of the base, the Procurator must be notified in writing to the Agency; If not enough to base the written request additional investigation agency documents and evidence. The case is enough to base demonstrates that the decision to prosecute or not to prosecute in the criminal is clearly unfounded, the Procurator has the text requires investigating authorities decision to cancel; If the investigating authorities do not agree then Procurator pursuant clause 2 Article 109 of the CRPC decision to cancel.
7.2. The case of the crime stipulated in paragraph 1 of Article 104, 105, 106, 108, 109, 111, 113, 121, 122, 131 and 171 of the criminal code is only the decision to prosecute the case when there was the request of the victim or the legal representative of the victim is a minor who has the downside of mental or physical. Prosecution of the victim or of the representative expressed in the petition signatories or their only points; If the victim or person represented directly to the presentation, the investigating authorities, the Procurator must establish clearly the content thereon prosecution and asking them to register or just point on the minutes. Thereon by the Procuracy established must be transferred immediately to the investigating authorities to consider whether to prosecute criminal cases and put into the case file.
If immediately after the criminal prosecution where the victim or their representative withdrew the prosecution authorities a decision to cancel the decision to prosecute the case and notified in writing to the Procuratorate at the same level; If are investigating or have ended the investigation, the investigating authorities decide to suspend the investigation; If the profile has shifted to the Procuracy, the Procuratorate decision to suspend the case.
In case of withdrawal found love with the prosecution of the person harmed their wish by being forced, raped, the investigating authorities, the Prosecutor can still continue to conduct proceedings for the case prescribed in paragraph 2 item 2 Article 105 of the CRPC.

8. Changing or supplementing the decision to prosecute criminal cases (article 106) 8.1. If it is decided to change or supplement the decision to prosecute in the criminal investigation agency has not enough or no base to base, the Procurator has the written request for additional investigation agency documents, evidence or the decision cancelled; If the investigating authorities do not unanimously and clearly changing, this supplement is not grounded then the Institute prosecution pursuant to article 5, paragraph 112 of the CRPC decision to cancel.
The case has changed or additional base decided to prosecute criminal cases, the Prosecutor had written request the Agency to investigate a decision; If the requested that the Agency investigate not unanimously, the Procuratorate decision to change or supplement the decision to prosecute criminal cases within 24 hours, since the decision must be sent to the investigating authorities to conduct the investigation according to the provisions in clause 2 Article 106 of the CRPC.
8.2. Only change decided to prosecute the case in the case of changing charges. Do not apply the change decided to prosecute the case if the investigation determined the conduct of the accused to the crime is heavier than the same offence were prosecuted.
For example, the decision to prosecute the case of property according to paragraph 1 Article 138 of the Criminal Code (less serious crimes), through the investigation identified the theft of accused criminals on item 2 Article 138 of the Criminal Code (serious crime), the decision not to change the decision to prosecute criminal cases.
9. The responsibility of the Agency in the implementation of the request and the decision of the Procurator (article 114) Agency is responsible for the full and rapid implementation of the requirements and decisions at points 1, 2 and 3 Article 112 of the CRPC. With respect to the requests and decisions in points 4, 5 and 6 to article 112 of the CRPC, if not unanimously, investigating authorities must still approve, but has the right to report the Agency supervisor and recommendations with the superior Procuratorate directly review the decision; If the investigating authorities at the central level, the recommendations to the Minister the Supreme People's Procuracy, Minister Central Military Prosecutor reviewing the decision.
Within twenty days after receiving the recommendations of the investigating agency, if agreed, the superior Procuratorate directly cancelled the decision of the Procuracy under; If you do not agree, then the notice in writing stating the reason for the investigating agency has recommended and the Procuracy. The results solve of the superior Procuratorate directly, a decision of the Minister Supreme People's Prosecutor, the Minister's Central Military Prosecutor's final decision.
10. Regarding the transfer of the case to investigate under the Authority (article 116) 10.1. Pursuant to article 116 of the CRPC shall in the case of the case not under the control of his investigation, the investigating agency must recommend the Procuratorate at the same level the decision to transfer the case to the competent investigative authorities to continue the investigation. The case found the case not under the jurisdiction of the investigating authority granted to her the Procurator requested the investigating authority conducting the procedure to Institute prosecution decision to transfer the case to the competent authority. Within three days of receiving the Agency's recommendation to investigate, the Procuratorate at the same level to the decision to transfer the case to the competent authorities.
If you have to move the case outside the scope of the central cities, or outside the scope of the regional military authorities at district level, the regional level conducted the procedure to Procuratorate at district level, the military Procuracy has proposed text area Procuratorate, provincial-level military Procuracy of military region decided to move out of the case. If the case by the provincial authorities, the Agency investigating the army level military recommended transferring the provincial procuratorate, the military Procuracy of military region level the decision to transfer the case. Within three days from the receipt of the proposal to transfer the case of Procuratorate at district level, the military Procuracy region or province-level investigation of the Agency, the Agency investigating the military-grade military districts, the provincial procuratorate, issued military Procuracy of military region is the decision to transfer the case.
Within 24 hours from when the decision to transfer the case, the Prosecutor has the authority to send soon decide to move the case to the investigating authorities, the Procuratorate at district level, military area Procuratorate, provincial authorities, the Agency investigating the military-grade military zones has recommendation to transfer the case.
Within two days from receipt of the decision to move the case, investigating authorities are accepting responsibility to transfer the right records and evidence of the case to the competent investigative authorities to continue the investigation. The delivery record, the evidence of the case must be established according to the minutes of the provisions of article 95 of the CRPC, which must specify the day investigating authorities competent to receive documents, physical evidence of the case.
10.2. According to the provisions of article 119 of the CRPC, the duration of the criminal investigation is calculated from the date the Agency investigating the decision to prosecute the case until the end of the time limit for investigation under investigation for each type of crime. Therefore, the time limit for the investigation of the case was transferred to the investigation by the authority are computer since the investigating authorities competent to receive the case file until the investigation ends, minus the time that investigating authorities proposed the transfer of the case has been investigated.
11. Changes or additional decision the decision to prosecute accused (article 127) 11.1. In the process of investigating criminal cases, if base is defined the offence of not committing crimes have been prosecuted or are also accused of other offences, the heads, Deputy Heads, investigations Director, Deputy Procurator at the same level have the right to decide to change or supplement the decision to prosecute accused but procurator only perform this authority when it has requested that the Agency investigate the not done.
The case changed the decision to prosecute accused then must make a decision to change the decision to prosecute criminal cases. For example, change the decision to prosecute accused from criminal abuse of confidence to fraud seized the property, then you have to change the decision to prosecute the case on charges of abuse of confidence to fraud seized the property.
To note is not to change the decision to prosecute accused in the case investigation to determine the behavior of accused criminals on crime more severe or more misdemeanors in the same charges for the accused have been prosecuted.
11.2. the investigating authority or the Procuratorate decision supplements the decision to prosecute accused in the case were prosecuted; If the accused are also other offences where behavior that has not been the case, the prosecution must decide to prosecute the criminal before a decision to prosecute accused and consider entering the case to General investigation according to the provisions of article 117 of the CRPC. If in the process of investigation that identified the accused made this offence is to perform a different offence, the additional decision the decision to prosecute criminal cases and the decision supplements the decision to prosecute accused.
Example 1: in murder and robbery, A and Trần Thị B is accused of murder and two of robbery, Nair C be prosecuted for the crime of murder. Through the investigation identified in addition to murder, C also with A and B make pirate acts have been prosecuted, they must complement the decision to prosecute accused for C on acts of robbery.

Example 2: Mr. A is accused in a case of theft, but through the investigation shows before Nair A also acts of robbery, in this case A violation of two sins. Therefore, the decision to prosecute the case regarding acts of robbery, then the decision to prosecute A suspect on charges of robbery and look to enter two cases for investigation according to the provisions of article 117 of the CRPC.
Example 3: Mr. A is accused in the killing but through census shows A perform acts to kill its victims is aimed at robbery must the decision supplements the decision to prosecute the case, and additional decision decided to run up against A suspect on charges of robbery.
11.3. The decision to prosecute criminal cases, the prosecution accused in case the accused had more offense but the same charges and cases of accused criminals of different crimes, shall be as follows: a) If a person has multiple offences but the same offence shall indicate a decision to prosecute criminal , a decision to prosecute accused collectively for all the times guilty of that. For example, Nair A many times illegal sales of drugs, only a decision to prosecute criminal cases, a decision to prosecute accused for A crime of unauthorized purchases of the drug substance under the corresponding provisions of the criminal code b) cases at the same time that a person performs many different offences indicated a determination intend to prosecute criminal cases, a decision to prosecute accused chung which clearly each of the charges and the terms of the criminal code are applied for example 1: Nair A at once both acts of rape, subsequently killed the victim to the clue in the fact that the decision to prosecute criminal the decision to prosecute accused for A specify each offence that is rape and murder under the corresponding provisions of the criminal code.
Example 2: Mr. A are made the theft detection and capture. Sailings soon after A robbery was the bike of a work means to escape. This case also indicated a decision to prosecute criminal cases, a decision to prosecute accused, which clearly the theft and robbery of the property according to the corresponding provisions of the criminal code.
c) If a person who made many different offences but was not detected at the same time, the decision to prosecute the case, the prosecution accused separately for each offence and the case that look to the decision to enter the case under the provisions of article 117 of the CRPC. For example, Nair B guilty of theft were caught on 15/8/2005, after investigating the case of thefts are a month, authorities discovered was B are also acts of robbery on 15/7/2005, then also decided to prosecute the case, the prosecution accused of theft of property , Investigating authorities have to decide to prosecute the case, the decision to prosecute accused for B about acts of robbery.
11.4. Upon receipt of the case file, and concluded the investigation, found to have carried the offense in the case have not been prosecuted or base defined the offence of not committing crimes have been prosecuted or other offence, the Procuratorate charged records and asking the Agency to investigate the decision to prosecute accused decided to change or supplement the decision to prosecute accused and investigative activities conducted under the General procedure. If there were requests that the Agency investigate non-performing, the Procuratorate decision to prosecute accused decided to change or supplement the decision to prosecute accused and sent to the investigating authorities to conduct investigation.
12. The delivery and approve the decision to prosecute accused decided to change or supplement the decision to prosecute accused (paragraph 4 and Paragraph 6 Article 126; Paragraph 2 and paragraph 3 Article 127) 12.1. Pursuant to article 4, Paragraph 126 and 127 of the CRPC Thing item 2 within 24 hours from when the decision to prosecute accused decided to change or supplement the decision to prosecute accused, the investigating agency must submit this decision accompanied by the relevant documents for the Procuratorate at the same level for approval. At the same time, the base specified in Paragraph 6 to article 126 and paragraph 3 Article 127 of the CRPC, the investigating authorities must immediately communicate the decision to prosecute accused decided to change or supplement the decision to prosecute accused for the accused before the Procurator. Therefore, the Prosecutor has the responsibility to coordinate closely with the investigating authorities to consider the ratification of the decision to prosecute accused decided to change or supplement the decision to prosecute be can be quick, timely reply requesting the investigation.
The case could not be delivered immediately the decision for the accused as cases of arrested accused in detention or right to examine shelter, work of the accused; suspect fled; accused in Foreign Affairs by not convening or having been, ... then after having approved the decision of the Procurator at the same level, investigating authorities must immediately communicate the decision (both the decision of the investigating authority and the decision adopted by the Prosecutor) to the person being prosecuted.
The delivery of the decision to prosecute accused decided to change or supplement the decision to prosecute accused and decided to approve the decision of the Procuracy should be made as prescribed in paragraph 6 to article 126, paragraph 3 to article 127 of the CRPC.
12.2. After the procuratorate has approved the decision to prosecute accused, the investigating authority must establish only a photograph, of the accused and put into the case file. For the accused fled the shooting, establish only a of the accused must be made immediately after the catch are accused.
12.3. The time limit for considering ratification of the decision to prosecute accused decided to change or supplement the decision to prosecute accused must be taken as prescribed in paragraph 4 to article 126, paragraph 2 to article 127 of the CRPC. Standard review cases decided to prosecute the accused are detained then this period not to exceed 12 hours from the receipt of the decision to prosecute accused and relevant documents. Therefore, at the latest before the expiration of the term of custody or custody 12 hours investigating authorities must consider the proposal approval records decided to prosecute accused to the Procuratorate at the same level.
12.4. In case the Procuracy to directly interrogate accused or the testimony the witness, the victim in order to clarify the basis of the prosecution accused before a decision to ratify the record the testimony of the person shall be transferred to the Agency for inclusion in the case file. The delivery of the document between the Institute of prosecution and investigation bodies of the same level must be established thereon according to the provisions of article 95 of the CRPC.
13. the suggested profile Procuracy considers ratification of the decision to prosecute accused decided to change or supplement the decision to prosecute accused.
The profile includes the following documents: a) The suggested review ratification of the decision to prosecute accused decided to change or supplement the decision to prosecute accused;
b) decided to prosecute the case, decide to change or supplement the prosecution case;
c) decided to prosecute accused decided to change or supplement the prosecution accused;
d) minutes of delivery of the decision to prosecute accused decided to change or supplement the decision to prosecute accused for the accused, except in the cases specified in point 12.1 Section 12 of this circular;
DD) the document as a base to prosecute, change or supplement the decision to prosecute accused;
e) record the testimony of the person suspected of the crime, the implementation report on the question were can (if available);

g) testimony of the person arrested, the person detained, the witness, the victim (if available);
h) A listed the names of documents in the record and each document page is stamped pen record of investigating authorities.
14. the Procurator made the authority to conduct some investigation activities when necessary (article 112) investigative activities which the law prescribed for procurator directly proceed when necessary prescribed in clause 2 Article 112 of the CRPC include questioning accused, testimony, respondent the empirical investigation, and is done as follows: 14.1. In the course of the investigation, as requested by the agency or by the Prosecutor questioning found accused appealed for oan, the testimony of the accused following previous inconsistency at the crime, at not guilty; accused has complaints about the investigation, there are grounds for doubts about the authenticity of the testimony accused; case can be prosecuted for the crime is especially serious, the Procurator can directly meet, interrogate accused. When questioned, the Procurator must report the Director, Deputy Director and inform the heads, Deputy Heads of the investigation.
After receiving the case file, if there is doubt about the documents and evidence; the crucial evidence of the case are in conflict; the case the case is especially severe, have more complicated hard to unify on the nature of the case or to strengthen the documentation of evidence for prosecution, the Prosecutor can directly interrogate accused.
The case of accused are currently in detention, heads, Deputy Heads are responsible for investigations in collaboration with detention supervisor, head of the detention house where the accused are currently in detention to facilitate the Prosecutor conducted the questioning accused. Case the Prosecutor questioning accused then must follow the rules in articles 131 and 132 of the CRPC.
14.2. In the course of the investigation, to make sure the approved review the Agency's decision was correct, the Prosecutor can summon testimony and witnesses, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case. Before the testimony, Prosecutor to inform the heads, Deputy Heads of the investigation on the time, location, conduct the testimony of these people.
At the end of the investigation, the profile turned to the Procuracy that deems need additional documents, evidence, the Prosecutor may summon testimony and witnesses, the victim, the civil plaintiff, the civil defendant, whose rights, obligations pertaining to the case. The summons, the testimony of these people must be conducted according to the provisions in articles 133, 135 and 136 of the CRPC.
14.3. In the course of the investigation, if the Prosecutor has found inconsistencies in the testimony of the accused, the victim, witnesses, civil plaintiffs, civil defendants, people have rights, obligations related to the case, the Prosecutor must ask the investigator to conduct.
Only the Prosecutor conducted for substances in case of request of the investigating agency or that of the investigators have yet to clarify the contradictions. When the need to confront Prosecutor must inform the investigator and made confrontation as prescribed in article 138 CRPC.
In the stage of prosecution, if there is a conflict in the testimony of the participants in the proceedings, the Prosecutor may proceed in respect of the substance in order to clarify inconsistencies that no record for investigating authorities to investigate.
14.4. In the course of the investigation, if the experimental investigation needed to examine the contradictions between the testimony of the accused, of the participants in the proceedings other than the objective reality, the Procurator requested the Agency to investigate the conduct of empirical investigation.
In the stage of prosecution, deems in need of empirical investigation situations simply through experimentation can conclude is to check the evidence, not to pay record for the investigating agencies, the Procurator directly proceed. Experimental investigation of the Procurator must have witnesses and set the minutes in accordance with the provisions of article 95 of the CRPC. The case should return to the scene of experimental or field investigations, the pay records and clearly requires the investigating authority to proceed.
Report on the progress of the investigation activities of the Procurator as defined in this Section must be brought into the case file.
15. the Prosecutor proposed the requirement of the investigation during the investigation.
15.1. the Prosecutor should promptly speak with the investigator was assigned to investigate the case on these issues to be investigated from the Prosecutor to prosecute the case, examination of the scene and in the course of the investigation, ensure coordination to investigating authorities quickly collect full documentation and evidence of the case.
Can the Prosecutor directly out verbal requirements during prosecution examination of the scene, examine, question accused, testimony the witness, the victim, confront, empirical investigation. As for the other case when asked to investigate, Prosecutor must have text stating the issues to be investigated in order to consolidate the evidence or to clarify details relating to these issues must prove in the criminal process is regulated in article 63 of the CRPC. For the key, complex case, the Prosecutor must seek the opinion of the Director, Deputy Procurator before signing the required documents.
15.2. the investigator was assigned to investigate the case studies to the investigation the Prosecutor issue that required; If needed, the Exchange with Prosecutor to clarify the content of the request. The case is not unanimous, the investigators reported the heads, Deputy Heads of the investigation; Prosecutor reported, Deputy Procurator to the direction of the investigation. The case agency did not make the request to the investigation of the Procurator shall clearly state the reasons in A concluded investigation, fix the Procuratorate charged to record additional investigation leads to the resolution of the case was long.
16. The use of the detention orders of the investigating agency in the stage of prosecution (article 166) 16.1. The case of the transfer of records to the Procuratorate at the same level but also the time limit for detention of accused, the investigating authorities must inform the Superintendent of detention camps, head of the detention house where the accused are currently in detention to facilitate the duty Prosecutor questioning accused.
16.2. Immediately upon receipt of the case file, the Prosecutor must check the term of detention of accused to report, Deputy Procurator decided as follows: a) If detention period longer and longer term by or prosecuted for the crime specified in paragraph 1 to article 166 of the CRPC and consider the need to continue the detention of accused, the Institute Police use of detention orders investigating agency without new detention orders.
b) If detention term longer but not enough to complete the prosecution then before the expiry of the five-day detention, the Procurator must report to the Director, Deputy Procurator of the new detention order. The new detention period be calculated on the last record of detention detention by authorities and not be too time limit for prosecution for the crime specified in paragraph 1 to article 166 of the CRPC (minus the time limit from the date of detention have been Procurator received the case file). After the Procuratorate ordered detention must move immediately to detention camp warden, head of the detention house where the accused are currently in detention.

For example, on 01/02/2004, the Procuratorate received the case file accused A prosecution recommendation of a serious crime and A are under detention by order of the investigating agency detention expired on February 15, 2004. Deems necessary to continue detention of accused, then on 10/02/2004, the Prosecutor shall report to the Director or Deputy Director of a new detention order since February 16, 2004. This detention period not exceeding 15 days (30 days is the time limit for prosecution for serious crimes on minus 15 accused were detention detention orders earlier, since on 01/02/2004 is on the Procuratorate received the case file).
17. The use of detention orders in the case of pay records to the additional investigation while the time limit for detention and the detention of accused when transferring the case to investigation, prosecution under authority.
17.1. The case of Procuratorate returned to additional investigation but also the duration of detention (detention orders of investigation or detention order of the Procurator), the Agency continues to use commands that detention is not ordered new detention; If the time limit of detention remains insufficient to finish the investigation and found in need of continued detention of the accused before the expiry of the five-day detention, authorities ordered a new detention and detention orders which sent to the Procuratorate at the same level. The time limit for detention when in detention orders will be counted on next the last detention order detention before then and not so additional detention time limit specified in paragraph 2 to article 121 of the CRPC (minus the time limit by which the investigating agency has used for detention of accused under the orders of detention the investigating agency).
17.2. in case of transfer of the case to investigation, prosecution under the Authority (the horizontal level, higher-level subordinates, superiors or subordinates transfer transfer to other competent bodies), the detention of accused under the authority of the place of receipt of the case and shall be as follows: a) If longer time limits detention to investigate detention orders or commands out of date of detention where the transfer case and deems necessary to continue detention, the place of receipt of the case continue to use detention orders or commands out of detention term where the transfer case is not that the new detention order. If the time limit of detention remains insufficient to finish the investigation and found in need of continued detention of the accused before the expiry of 5 days, the investigating authorities received the case have suggested text Procurator at the same level off limit for detention. Detention period noted in the detention limit orders is calculated on next the last detention order the detention term of detention orders or where the transfer case. The maximum detention period for the accused of the recipients of the case no longer than the duration of detention for the crime specified in article 120 of the CRPC (minus the time limit stated in the detention order of where the transfer case).
b) If detention time limit also to prosecute under the orders of detention or the extension of detention where the transfer case and deems necessary to continue detention, the place of receipt of the case continue to use detention order or renewal of detention orders where the transfer case is not that the new detention order. If the time limit of detention remains insufficient to complete the prosecution and found need to continue detention of the accused before the expiry of that year the day, Prosecutor Procuracy where getting the case to report to the Director, Deputy Director of the new detention order for the accused. Detention time limit stated in the detention order will be counted on next detention last in order of detention where the transfer case and not be too time limit for prosecution for the crime specified in paragraph 1 to article 166 of the CRPC (minus the time limit used by the order of detention where the transfer case).
18. How to calculate the duration of the proceedings in the case of accused criminals on crime more severe, additional investigation of a crime.
18.1. The case is being investigated in the case identified the accused committing the crime but heavier in the same law with crimes are investigated, including changes to the criminal offence heavier than in other laws, then the time limit for the investigation of the case was calculated crimes more severe but must subtract the time limit was the previous investigation , ensure timely investigation for crime as defined in article 119 of the CRPC. The term of detention for the accused are also charged in the crime more severe, but must subtract the time limit for detention were accused, guaranteed time of detention for the crime specified in article 120 of the CRPC.
Example 1: investigating the case of theft in the less serious crime under paragraph 1 to article 138 of the Criminal Code shall identify the theft of serious crime type according to item 2 Article 138 of the criminal code; Therefore, the duration of the investigation, the time limit for detention of accused in the case of this theft are serious crimes and must have time to investigate, has earlier detention.
Example 2: under investigation on charges of intentionally causing injury under article 105 of the criminal code the change decided to prosecute the case, the decision to prosecute accused to murder under article 93 of the criminal code; Therefore, the duration of the investigation, the time limit for detention of accused are charged in the murder and had time to investigate, were crime suspect detention of intentionally causing injury before.
18.2. The case is being investigated in the case but the prosecution investigation about a supplement other crimes then the investigation with respect to the offence in the case be made simultaneously and the time limit for the investigation to be computer since the decision to prosecute for the offence after until the end of the investigation in respect of all the offences under the provisions of article 119 of the CRPC.
The time limit for detention of accused in this case are applied according to each crime. If the expiry of detention of accused (including the renewed) or can not be prosecuted crime detention before that review needs to investigate the detention of criminals to be prosecuted after the order of detention accused of that crime as defined in article 120 of the CRPC.
For example, is investigating the case of theft of the less serious crime is two months, then additional prosecution to investigate this accused of fraud seized property also in less serious crime type, the time limit for the investigation of the case was calculated, since the decision to prosecute cases of fraud. If the accused has not been detention or expiry of detention on charges of stealing (renewed) which consider the need to continue the detention orders of detention accused of fraud.
19. Regarding the suspension of the investigation (article 164) 19.1. In the course of the investigation identified the base enough to suspend the investigation accused of behavior would have been to prosecute the investigating authorities decide to suspend the investigation accused for that behavior. Before a decision to suspend the investigation, the investigator must coordinate with the Prosecutor reviewing the evidence and the suspension of the investigation; If found insufficient grounds for suspension of the investigation, the investigating authorities to continue the investigation; If you see enough to base prosecution, the investigation did conclude the investigation suggest the prosecution of accused.

19.2. where the accused are currently in detention, the five-day delay before a decision to suspend the investigation, the investigating agency must have written recommendations Procurator cancel detention measures to return immediately to the accused. Within three days of receiving the Agency's recommendation, the Procuratorate at the same level must consider in order to decide whether to cancel the measure of detention; If the base is a decision to cancel the detention measure, if not grounded then notice in writing stating the reasons and require investigating authorities to continue the investigation; If sufficient grounds for prosecution shall request the investigating authorities make a conclusion of the investigation suggest the prosecution of accused.
19.3. where the Agency has made a conclusive investigation suggest the prosecution but records not yet move to the Procurator and the person concerned, if the Prosecutor ends investigation of Prosecutor found enough to base the suspension of the investigation report, Deputy Procurator of the opinion to the heads , Deputy Head of the Agency investigating the same level again a concluded investigation and a decision to suspend the investigation.
20. The seal and green pen case file during the period of investigation, prosecution of 20.1. The seal green pens the materials in the case file before the end of the investigation was as follows: record of emergency, records the prosecution of the case, the prosecution accused records and other records in the process of investigating green pen numbered in order from the beginning due to related to sort records after the end of the investigation. Therefore, to avoid going on the loss, lost, then each page in the document profiles must be stamped pen record of investigating authorities and accompanied by a complete document name, number of pages of each document and save in the case file. If the records sent Procuratorate approved review, then after the approval, the documents directly related to the decision to approve or not to approve must be stamped green pen of the Procuracy.
20.2. The pen record numbers in the record of the case after the investigation is done as follows: a) in the course of the prosecution, the investigation, the investigating agency's document or by the Procurator to collect all have to put on the record of the case in the proper court process to prosecute, investigate the case. After the end of the investigation, the documents in the case file by the investigating authorities uniformly numbered (pen) once (not guest erasing goes back several times) and set up the statistics table full of documentation in the case file from the 1st until the end.
b) after receiving the case file, the documents collected by the Prosecutor at the stage of prosecution must be brought in the case file and the next order number the number of documents in the record because the investigation moved on; not change the order of the pen in the case file.
21. The procedure of delivery records and physical evidence between investigating authorities and procuratorate 21.1. When the transfer of records to the Procuracy, the investigating authorities should check the records and evidence of the case, ensuring there is sufficient documentary records have listed enough and true evidence of the case. Direct investigation agency records to the Procuratorate at the same level. When the investigating agency records, records the recipient must collate lists of documents with the documents contained in the profile, if enough and the right procedure for the newsletter, if not enough yet to get. Immediately after receipt, the Procurator must be on the shared acceptance and receipt of records on the cover profile (top left corner).
The case of Procuratorate charged to record additional investigation must also direct deliveries and investigating authorities recorded the return of records in the log book on your accepting the transfer of records to Agency and on accepting back also recorded on the cover profile.
21.2. The procedure of delivery of evidence between the investigating authorities and the Procurator shall be as follows: a) physical evidence included case file be transferred along the profile of the case. Physical evidence included records is the physical evidence can be brought into the case file as Czech author, by author ..., the physical evidence compact easy to transport and preserve (the knife, hammer, seals ...) and not in cases stipulated in points b, c, d paragraph 2 to article 75 of the CRPC. When the Procuratorate charged to record additional investigation is not handing back the physical evidence, unless the investigating authority has asked. When the delivery of physical evidence to back up the minutes signed by the party, the receiving party and was brought into the case file.
b) where evidence is preserved in the arsenal of the police or the investigating agency's warehouses in the army, when the decision to prosecute, the Prosecutor decides to transfer evidence from physical evidence of the police or the investigating agency in the military to shed their physical evidence court enforcement agencies at the same time notify in writing to the Agency for enforcement of the judgment of the same level. Within 2 days from receipt of the decision to move physical evidence, the police or the investigating agency in the military administration responsible for delivery of physical evidence physical evidence court enforcement agency that same level and transfer the freight thereon evidence between two bodies for the Procuratorate to put on the record of the case.
22. The implementation of some provisions of this circular by the Agency was tasked with conducting an active investigation of 22.1. An agency's Chief was tasked with conducting an active investigation of annulment of the decision not to have a base and left the law of Deputies, Deputy-level changes in the investigation of criminal cases shall be performed as specified in Items 1, 2 of this circular.
22.2. The Agency was tasked to conduct a number of investigative activity, after a decision to prosecute the case or decide not to prosecute the case, apply the preventive measures under the jurisdiction must submit that decision immediately to the Procurator has the competence to resolve the prosecution as prescribed in items 3 and 4 of this circular. The case of annulment of the decision not to prosecute the criminal Agency was tasked to conduct a number of investigative activities, the Procurator has the jurisdiction to prosecute the decision to prosecute criminal cases and requested that the Agency transferred the entire document is relevant to the investigation agency has the authority to conduct the investigation.
22.3. the suggested profile Procuratorate approved an emergency warrant consideration of the provisions in points b, c paragraph 2 to article 81 of the CRPC and the consider the ratification of the decision to prosecute accused of border guard, customs, the Rangers are assigned to conduct some investigation activities are performed as specified in section 3 and 7 of this circular.
22.4. The Agency was tasked to conduct a number of activities to investigate continental pen stamped, numbered record pen case and transfer records, physical evidence of the case to the Procurator or to the competent investigation authority is made according to the provisions in Items 20 and 21 of this circular.
23. The effect of the circular circular this effect after 15 days from the date The report. The instructions of the Supreme People's Procuratorate, Ministry of public security and the Ministry of Defense, contrary to the instructions in this circular are repealed.
In the process, if there are problems or not yet instructions, need to explain or guide supplements the proposal reflects to the Supreme People's Procuratorate, Ministry of public security and the Ministry of defence to have the explanation or additional instructions promptly.