Article 100. Bases for initiating criminal cases
Prosecute criminal cases only when criminal signs are identified. The identification of criminal signs is based on the following grounds:
1. Citizen denunciations;
2. News reports of agencies or organizations;
3. Newspaper news on the mass media;
4. Investigation agencies, Procuracies, Courts, Border Guards, Customs, Forest Rangers, Coast Guard forces and other agencies of the People’s Public Security Forces and the People’s Army are assigned the task of advancement. conduct a number of direct investigation activities to detect signs of crime;
5. The offender confessed.
Article 101. Denunciation and crime reporting
Citizens can denounce a crime to an investigative agency, procuracy, court or with other agencies or organizations. In case of oral denunciations, the receiving agency or organization must make a record and bear the signature of the denouncer.
When detecting or receiving a citizen’s denunciation, an agency or organization must immediately notify the investigation agency in writing.
Article 102. The offender confesses
When the offender comes to confess, the receiving agency or organization must make a record clearly stating the full name, age, occupation, residence and statements of the confessor. The agency or organization that receives a confessed criminal shall immediately notify the investigation agency or the Procuracy.
Article 103. Tasks in settling denunciations, criminal reports and petitions for prosecution
1. Investigation agencies and procuracies have the responsibility to fully receive all denunciations and reports on crimes sent by individuals, agencies or organizations, and petitions for prosecution sent by state agencies. The Procuracy shall immediately forward denunciations, criminal reports and petitions to prosecute together with relevant documents received to the competent investigation agency.
2. Within twenty days from the date of receiving denunciations, crime reports or petitions for prosecution, investigation agencies, within the scope of their respective responsibilities, must examine and verify sources and decide. to prosecute or decide not to prosecute a criminal case.
In the case of a denunciation, crime report or petition for prosecution contains many complicated details or must be checked and verified at many locations, the time limit for settling the denunciation and notification may be long. more, but not more than two months.
3. The results of settlement of denunciations, criminal reports or lawsuit petitions of state agencies must be sent to the procuracies of the same level and notified to the agencies or organizations that reported the information or the denouncers. criminals know.
Investigation agencies must take necessary measures to protect persons who have reported crimes.
4. The procuracy shall have to supervise the investigation agency’s settlement of denunciations, crime reports and petitions for prosecution.
Article 104. Decision to institute criminal cases
1. When determining signs of criminals, the investigating bodies must issue decisions to institute criminal cases. Heads of border guard units, customs offices, forest rangers, coast guard forces and heads of other agencies of the People’s Public Security Forces and the People’s Army are assigned to carry out a number of operations. to investigate the decision to prosecute the case in the cases specified in Article 111 of this Code.
The procuracy shall issue a decision to institute criminal proceedings in case the procuracy announces the authorities’ decisions not to prosecute the case as prescribed in this Clause and where the Trial panel requests prosecution of the case. .
The trial panel shall issue a decision to initiate a prosecution or request the Procuracy to prosecute a criminal case if, through the trial, a new crime or offender is discovered that requires investigation.
2. Decisions to institute criminal cases must clearly state the time and grounds for prosecution, the applicable articles of the Criminal Code and the full name and position of the decision issuer.
3. Within 24 hours after issuing a decision to institute a criminal case, the procuracy must send such decision to the investigating agency for investigation; decisions to prosecute together with documents related to the prosecution of criminal cases of investigation agencies, border guards, customs, ranger, Coast guard force, other agencies of the People’s Public Security Forces The People’s Army, which is tasked with conducting a number of investigative activities, must be sent to the Procuracy to administer the prosecution; The trial panel’s prosecution decisions must be sent to the Procuracy for consideration and decision on the investigation; The trial panel’s request for prosecution shall be sent to the Procuracy for consideration and decision on prosecution.
Article 105. To institute criminal cases at the request of the victims
1. Cases related to crimes defined in Clause 1, Articles 104, 105, 106, 108, 109, 111, 113, 121, 122, 131 and 171 of the Penal Code may be prosecuted only when in love. the victim’s request or the minor’s legal representative or the person with mental or physical defects.
2. In cases where the persons who have requested charges withdraw their claims before the opening of the first-instance court sessions, the cases must be terminated.
In cases where there are grounds to determine that the person who requested the prosecution withdraws the request for prosecution contrary to their will due to coercion or coercion, although the person who requested the prosecution withdraws the request, the investigation agency, The Procuracy, the Court can still continue to conduct the proceedings for the case.
A victim whose request for prosecution has been withdrawn is not entitled to a request again, except when the request is withdrawn due to forced or coercion.
Article 106. Changing or supplementing the decision to prosecute a criminal case
1. When there are grounds to determine that a crime has been prosecuted in contravention of the committed act or there is another crime, the investigation agency or procuracy shall issue a decision to change or supplement the decision to prosecute the case. criminal sentence.
2. In cases where the investigation authority decides to change or supplement the decision to prosecute a criminal case, within 24 hours after the decision to change or supplement the decision to prosecute the case, the Investigators must send to the Procuracy to supervise the prosecution.
In cases where the Procuracy decides to change or supplement the decision to prosecute a criminal case, within 24 hours after the decision to change or supplement the decision to prosecute the case, the Procuracy must send it to the Investigation Agency to investigate
Article 107. Bases are not allowed to institute criminal cases
A criminal case is prohibited when there is one of the following grounds:
1. There is no crime;
2. The act does not constitute a crime;
3. Persons who commit acts of danger to society and are not of age for penal liability;
4. Persons whose criminal acts have had a legally effective judgment or decision to suspend the case;
5. The statute of limitations for criminal prosecution has expired;
6. Crimes have been amnesty;
7. The person who commits acts dangerous to society is dead, unless it is necessary to reopen another person.
Article 108. Decision not to prosecute a criminal case
1. When there is one of the grounds specified in Article 107 of this Code, the person with the right to institute the case shall issue a decision not to institute a criminal case; if they have prosecuted, they must issue decisions to cancel the decisions to prosecute and notify the denouncing agencies, organizations or individuals or informing the criminals of the reasons clearly; If it is deemed necessary to be handled by other measures, the dossier shall be transferred to the concerned agency or organization for settlement.
Decisions not to institute criminal cases, decisions to cancel decisions to institute criminal cases and related documents must be sent to the procuracies of the same level within 24 hours from the date of issuance.
2. Agencies, organizations and individuals that denounce or report criminal information have the right to appeal against their decision not to prosecute the case. The competence and procedures for settling complaints are specified in Chapter XXXV of this Code.
Article 109. Powers and responsibilities of the Procuracy in prosecuting criminal cases
1. The procuracy exercises prosecution rights, administers the law observance in the filing of criminal cases, ensures that all detected crimes must be prosecuted, the prosecution is grounded and legal.
2. In cases where decisions to institute criminal cases of investigation agencies, border guards, customs, ranger, coast guard force, other agencies of the People’s Public Security Forces, the People’s Army to be assigned the task of conducting a number of unfounded investigative activities, the Procuracy shall issue a decision to cancel such decision to prosecute; if such agencies’ decisions not to prosecute the criminal case are unfounded, the Procuracy shall cancel such decision and issue a decision to prosecute the case.
3. In cases where the trial panel’s decision to institute a criminal case is unfounded, the Procuracy shall appeal to a superior Court.