Article 110. Competence to investigate
1. Investigation agencies in the People’s Public Security Forces investigate all crimes, except those falling under investigation competence of investigation authorities in the People’s Army and Investigation Agency of the People’s Procuracy. high.
2. Investigation agencies in the People’s Army shall investigate crimes under the jurisdiction of military courts.
3. The investigation agency of the Supreme People’s Procuracy investigates a number of crimes of infringing upon judicial activities in which the offenders are officials of the judicial agencies.
4. Investigation agencies are competent to investigate criminal cases in which crimes occur in their respective territories. In cases where the location of the crime is not determined, the investigation falls under the jurisdiction of the investigating agency where the crime was discovered, where the suspect resides or is arrested.
District-level investigating agencies, regional military investigation agencies investigating criminal cases on crimes falling under the jurisdiction of district-level People’s Courts and regional military courts; Provincial investigating agencies, military investigation agencies at military zone level investigate criminal cases on crimes under the jurisdiction of the People’s Court of the province, the military court of the military zone or the case. the judgment falls under the investigation competence of the subordinate investigation agency but deems it necessary to directly investigate. The central investigating agency investigates criminal cases of particularly serious and complicated crimes falling under the investigation competence of the provincial investigation agency, the military investigation agency of the military zone, but finds that need direct investigation.
5. The apparatus organization and specific competence of the investigating bodies shall be determined by the National Assembly Standing Committee.
Article 111. Investigating powers of the Border Guards, Customs, Forest Rangers, Coast Guard forces and other agencies of the People’s Public Security Forces, the People’s Army are assigned to carry out a number of operations. investigation
1. When detecting criminal acts to the point of being examined for penal liability in the domain of their respective management, the border guards, the customs offices, the forest ranger and the sea police force have the competence:
A) For less serious offenses in the case of a crime with tangible results, evidences and criminal records, a decision to prosecute the case, prosecute the accused, conduct investigation and transfer the case to the competent Procuracy within twenty days from the date of issuing the decision to institute the case;
B) For serious, very serious, particularly serious crimes or a less serious but complicated crime, make a decision to prosecute the case, conduct initial investigation and transfer the file to the Company. within seven days from the date of issuing the decision to institute the case.
2. In the People’s Public Security Forces and the People’s Army, in addition to the investigation agencies specified in Article 110 of this Code, other agencies are tasked with conducting a number of investigative activities while on duty. If the person detects a matter with criminal signs, he / she has the right to prosecute the case, conduct initial investigation and transfer the file to the competent investigation authority within seven days. from the date of the decision to prosecute the case.
3. When conducting investigation activities, the Border Guards, Customs, Forest Rangers, the Coast Guard force and other agencies of the People’s Public Security Forces and the People’s Army are assigned to carry out a number of activities. Investigation activities, within the scope of their procedural competence, must strictly comply with the procedural principles, order and procedures for investigation activities according to the provisions of this Code. The procuracy is responsible for supervising the law observance in the investigative activities of these agencies.
4. Specific tasks and powers in investigation activities of the Border Guard, Customs, Ranger, the Coast Guard force and other agencies of the People’s Public Security and the People’s Army assigned to the task to conduct a number of investigative activities prescribed by the National Assembly Standing Committee.
Article 112. Duties and powers of The Procuracy exercising prosecution rights in the stage of investigation
When exercising prosecution rights during the stage of investigation, procuracies have the following duties and powers:
1. To institute criminal cases, prosecute defendants; to request investigation authorities to institute or change the decision to initiate criminal charges or prosecute suspects according to the provisions of this Code;
2. Make a request for an investigation and request an investigating agency to conduct an investigation; when deeming it necessary, to directly conduct a number of investigative activities according to the provisions of this Code;
3. To request the head of the investigation agency to change investigators according to the provisions of this Code; if the investigators’ acts show criminal signs, they shall bring criminal charges;
4. Decide to apply, change or cancel the arrest, custody, temporary detention measure and other deterrent measures; decisions approving, decisions not approving decisions of investigation agencies according to the provisions of this Code. In case of disapproval, in the decision on non-ratification, the reason must be clearly stated;
5. To cancel the investigation agency’s unlawful and unlawful decisions; requesting investigation agency to hunt for the accused;
6. Decide to prosecute the accused; decide to suspend or suspend the case.
Article 113. Duties and powers of The Procuracy when administering an investigation
When conducting investigation and supervision, procuracies have the following tasks and powers:
1. To supervise the prosecution and control of investigation activities and the preparation of case files by investigation bodies;
2. Supervising the law observance of procedure participants;
3. Settlement of disputes over investigation competence;
4. To request investigation agencies to remedy law violations in investigation activities; to request investigation authorities to provide necessary documents on investigators’ law violations; request the Head of the investigation agency to strictly handle investigators who have violated the law while conducting the investigation;
5. To recommend to concerned agencies and organizations the application of measures to prevent crimes and violations of law.
Article 114. Responsibilities of the Investigation Office in implementing the Procuracy’s requests and decisions
The Investigation Agency is responsible for implementing the Procuracy’s requests and decisions. With regard to the requirements and decisions specified at Points 4, 5 and 6, Article 112 of this Code, if they do not agree, the investigating agency must still comply with, but may make proposals to the superior Procuracy. direct. Within twenty days from the date of receiving the proposals of the investigating bodies, the immediate superior procuracies must consider, settle and notify the settlement results to the petitioning agencies.
Article 115. Responsibilities for implementing decisions and requests of investigation authorities and procuracies
Decisions and requests of investigation agencies and procuracies in the stage of investigating criminal cases must be strictly observed by agencies, organizations and citizens.
Article 116. Transfer of cases for investigation according to competence
In cases where the case is not within its investigating competence, the investigating agency must request the same-level Procuracy to issue a decision to transfer the case to the competent investigation agency for further investigation; within three days after receiving the request of the investigation agency, the procuracy of the same level shall issue a decision to transfer the case.
The transfer of the case outside the province or centrally run city or the military zone shall be decided by the People’s Procuracy of the province or the Military Procuracy of the military zone.
Article 117. Merge or split criminal cases for investigation
1. Investigation agencies may join to investigate in the same case cases where the accused commits more than one crime, many defendants engage in the same crime or together with the accused there are others concealing the crime committing or failing to denounce criminals specified in Articles 313 and 314 of the Criminal Code.
2. Investigation authorities may separate cases only in very necessary cases when the investigation cannot be completed early for all crimes and if such separation does not affect the determination of objective facts. and comprehensive of the case.
3. Decisions on merging or separating criminal cases must be sent to the procuracies of the same level within 24 hours after they are issued.
Article 118. Entrustment of investigation
When necessary, the Investigation Agency may authorize another investigative agency to conduct a number of investigative activities. The decision to entrust the investigation must clearly state the specific requirements. The entrusted investigation agency is responsible for fully implementing the entrusted tasks according to the time limit requested by the entrusting investigation agency.
Article 119. Term of investigation
1. The investigation time limit for criminal cases shall not exceed two months, for less serious crimes, not more than three months for serious crimes, not more than four months for very serious crimes and particularly serious crimes. weight, from the time the case is prosecuted until the end of the investigation.
2. In cases where it is necessary to extend the investigation due to the complicated nature of the case, at least ten days before the investigation time limit expires, the investigating agency must send a written request to the Procuracy to extend the investigation.
The investigation is extended as follows:
A) For less serious offenses, the investigation may be extended once for no more than two months;
B) For serious crimes, the investigation may be extended twice, the first time not exceeding three months and the second time not exceeding two months;
C) For very serious offenses, the investigation may be extended twice for not more than four months each;
D) For particularly serious offenses, the investigation may be extended three times, each for no more than four months.
3. The procuracies’ competence to extend investigations is prescribed as follows:
A) For a less serious crime, the People’s Procuracy of the district or the Military Procuracy of the region shall extend the investigation. In case the case is accepted for investigation at the provincial or military zone level, the provincial People’s Procuracy and the Military Procuracy of the military zone level shall extend the investigation;
B) For serious crimes, the People’s Procuracy of the district and the Military Procuracy of the region extend the first and second investigation. In case the case is accepted for investigation at the provincial or military zone level, the provincial People’s Procuracy and the Military Procuracy of the military zone level shall extend the first and second investigation;
C) For very serious crimes, the People’s Procuracy of the district, the Military Procuracy of the region shall extend the first investigation; The People’s Procuracy of the province, the Military Procuracy of the military zone extend the second investigation. In case the case is accepted for investigation at the provincial or military zone level, the People’s Procuracy of the province or the Military Procuracy of the military zone level shall extend the first and second investigation;
D) For particularly serious crimes, the People’s Procuracy of the province and the Military Procuracy of the military zone shall extend the first and second investigation; The Supreme People’s Procuracy and Central Military Procuracy extended the investigation for the third time.
4. In cases where the cases are accepted for investigation at the central level, the investigation extension shall fall within the competence of the Supreme People’s Procuracy and the Central Military Procuracy.
5. For particularly serious crimes for which the investigation time limit has expired, but the investigation cannot be completed due to the complicated nature of the case, the Chief Procurator of the Supreme People’s Procuracy may one-time extension not exceeding four months.
For crimes of infringing upon national security, the Chief Procurator of the Supreme People’s Procuracy has the right to extend again no more than four months.
6. When the time limit for the investigation extension expires but it is impossible to prove that the accused has committed a crime, the investigation agency shall issue a decision to suspend the investigation.
Article 120. Term of detention for investigation
1. The time limit for detention of a suspect for investigation does not exceed two months for less serious crimes, not more than three months for serious crimes, not more than four months for very serious and special crimes. serious.
2. In cases where a case contains many complicated details, considering that it is necessary to have a longer investigation time and there is no ground to change or cancel the detention measure, at least ten days before the end investigation time limit, investigation authorities must request in writing the Procuracy for extension of detention.
The extension of detention is specified as follows:
A) For less serious crimes, the temporary detention extension may be extended once for not more than one month;
B) For serious offenses, the temporary detention extension may be extended twice, the first time not exceeding two months and the second time not exceeding one month;
C) For very serious offenses, the temporary detention extension may be extended twice, for the first time not more than three months, and the second for not more than two months;
D) For particularly serious offenses, the temporary detention extension may be extended three times for no more than four months each.
3. Competence of procuracies to extend temporary detention is prescribed as follows:
A) District-level People’s Procuracies and Regional Military Procuracies have the right to extend detention for less serious crimes, extend the first detention for serious crimes and very serious crimes. . In case the case is accepted for investigation at the provincial or military zone level, the provincial People’s Procuracy and the Military Procuracy of the military zone have the right to extend detention for less serious crimes. the first detention term for serious crimes, very serious crimes and particularly serious crimes;
B) In case the first extension of detention specified at Point a of this Clause has expired but the investigation cannot be completed and there is no ground to change or cancel the detention measure, the Procuracy People at district level, Military Procuratorate may extend detention for the second time for serious crimes. The People’s Procuracy of the province, the Military Procuracy of the military zone may extend detention for the second time for serious crimes, very serious crimes, and particularly serious crimes.
4. In cases where the cases are accepted for investigation at the central level, the extension of detention falls under the jurisdiction of the Supreme People’s Procuracy and the Central Military Procuracy.
5. For particularly serious crimes, in cases where the time limit for the second extension of detention specified at Point b, Clause 3 of this Article has expired and the case contains many very complicated details without grounds for to change or cancel detention measures, the Chief Procurator of the Supreme People’s Procuracy may extend the detention for the third time.
In case of necessity for an infringement of national security, the Chief Procurator of the Supreme People’s Procuracy has the right to extend it again for no more than four months.
6. While in detention, if deeming it unnecessary to continue the detention, the investigating body must promptly request the Procuracy to cancel the detention in order to release the detained person or consider it necessary, then apply pressure to the detention center. Take other preventive measures.
When the detention period expires, the person issuing the temporary detention order must release the person being held in temporary detention or, if considered necessary, another deterrent measure.
Article 121. Time limit for investigation resumption, additional investigation, re-investigation
1. In the case of reinstatement of the investigation specified in Article 165 of this Code, the further investigation time limit shall not exceed two months for less serious crimes, serious crimes and very serious crimes, not exceeding three. months for particularly serious offenses, from decision to resume investigation until completion of investigation.
In cases where it is necessary to extend the investigation due to the complicated nature of the case, at least ten days before the investigation time limit expires, the investigating agency must send a written request to the Procuracy to extend the investigation. The investigation is extended as follows:
A) For serious and very serious crimes, the investigation shall be extended once for not more than two months;
B) For particularly serious crimes, the investigation shall be extended once for no more than three months.
The competence to extend the investigation into each type of crime is specified in Clause 3, Article 119 of this Code.
2. In cases where the cases are returned by the procuracies for additional investigation, the time limit for additional investigation shall not exceed two months; If it is returned by the Court for additional investigation, the time limit for additional investigation shall not exceed one month. The Procuracy or Court may return files for further investigation no more than twice. The time limit for additional investigation shall be counted from the date the investigation agency receives the case file and request an investigation.
3. In cases where the case is returned for re-investigation, the investigation time limit and investigation extension shall comply with the general procedures specified in Article 119 of this Code.
The investigation time limit is counted from the time the investigating agency receives the file and requests the re-investigation.
4. Upon investigation reinstatement, additional investigation or re-investigation, investigation authorities may apply, change or cancel deterrent measures according to the provisions of this Code.
If there are justifications for detention under this Law, the time limit for detention for investigation resumption or additional investigation must not exceed the time limit for investigation resumption or additional investigation specified in Clauses 1 and 2 of this Article.
The detention duration and temporary detention extension in case the case is re-investigated according to the general procedures specified in Article 120 of this Code.
Article 122. Resolving requests of procedure participants
When participants in legal proceedings make requests for matters related to the cases, investigation authorities and procuracies shall, within their scope of responsibility, resolve their requests and notify them of the results. In case of refusing to accept the request, the investigating agency or procuracy must reply and state the reason.
If they disagree with the settlement results of the investigating agency or the procuracy, procedure participants have the right to lodge a complaint. Complaints and settlement of complaints comply with Chapter XXXV of this Code.
Article 123. Witness attendance
Witnesses are invited to participate in investigative activities in the cases prescribed by this Code.
The Witness is responsible for confirming the content and results of the work done by the Investigator while he is present and able to give his personal opinion. This opinion is recorded in the minutes.
Article 124. Not to disclose investigation secrets
In cases where it is necessary to keep investigation secrets, investigators and procurators must notify procedure participants in advance, and witnesses must not disclose investigation secrets. This notice must be recorded in the minutes.
Investigators, procurators, procedure participants and witnesses who disclose investigation secrets shall, depending on the case, bear criminal liability in accordance with Articles 263, 264, 286, 287, 327 and 328 of the Code. Criminal.
Article 125. Minutes of investigation
1. When conducting an investigation, it must make a record in accordance with Article 95 of this Code.
Investigators who make a record must re-read the minutes to procedure participants, explain to them their right to supplement and comment on the minutes. That comment is recorded in the minutes. Procedure participants and investigators jointly sign the minutes.
2. In cases where procedure participants refuse to sign the minutes, that must be recorded in the minutes and clearly stated the reasons.
3. If the procedure participant is unable to sign the record due to mental or physical weakness or other reasons, the reason must be clearly stated; Investigators and witnesses confirmed together.
Those who are illiterate point to the record.