Article 126. Prosecute the accused
1. When there are sufficient grounds to determine that a person has committed the crime, the investigation agency shall issue a decision to prosecute the accused.
2. A decision to prosecute the accused clearly states: the time and place of the decision; full name and title of the decision maker; full name, date of birth, occupation, and family background of the accused; the accused is prosecuted for what crime, under which provisions of the Penal Code; time, place of crime and other criminal circumstances.
If the accused is prosecuted for many different crimes, the decision to prosecute the accused must clearly state each crime and the applicable Criminal Code provisions.
3. After prosecuting the accused, the investigating agency must take photos, make the identity of the accused and put it in the case file.
4. Within 24 hours after issuing the decision to prosecute the accused, the investigating agency must send the decision to initiate the prosecution and documents related to the prosecution of that defendant to the equivalent Procuracy for consideration standardize the prosecution. Within three days from the date of receiving the decision to prosecute the accused, the procuracy must decide to approve or cancel the decision to prosecute the accused and immediately send it to the investigation authority.
5. In case it is discovered that a person has committed an offense and has not been prosecuted, the Procuracy shall request the investigating agency to issue a decision to prosecute the accused.
After receiving dossiers and investigating conclusions, but the Procuracy detects that another person has committed an offense in the case that has not been prosecuted, the Procuracy shall issue a decision to prosecute the accused. Within 24 hours after issuing the decision to prosecute the accused, the procuracy must send it to the investigating agency for investigation.
6. Investigation agencies must immediately hand over their procuracies’ decisions to prosecute or prosecute defendants and explain their rights and obligations to the accused as provided for in Article 49 of this Code. After receiving the procuracies’ decisions to approve or to cancel the decisions to prosecute defendants, the investigating bodies must immediately hand them over to the persons prosecuted. The delivery and receipt of the above decisions must be recorded in writing according to the provisions of Article 95 of this Code.
Article 127. Changing or supplementing the decision to prosecute the accused
1. When conducting an investigation, if there are grounds to determine that a defendant’s criminal acts are not committed to the crime that has been prosecuted or other criminal acts are committed, the investigation agency or procuracy shall issue a decision to change. or supplement the decision to prosecute the accused.
2. Within 24 hours after issuing the decision to change or supplement the decision to prosecute the accused, the investigating agency must send these decisions and documents related to such change or addition. to the Procuracy at the same level for approval. Within three days from the date of receiving the decision to change or supplement the decision to prosecute the accused, the Procuracy shall decide to approve or cancel the decision to change or supplement the decision to prosecute the accused. can.
Within 24 hours after the procuracy issues a decision to change or supplement the decision to prosecute the accused, the procuracy must send it to the investigating agency for investigation.
3. Investigation agencies must immediately hand over decisions to change or supplement their decisions to prosecute defendants or to change or supplement the procuracies’ decisions to prosecute defendants and explain their rights and obligations to the accused specified in Article 49 of this Code. After receiving the Procuracy’s decision to approve or to cancel the decision to change or supplement the decision to prosecute a accused, the investigating agency must immediately hand it over to the person prosecuted. The delivery and receipt of the above decisions must be recorded in writing according to the provisions of Article 95 of this Code.
Article 128. Suspension of the defendant’s post
When deeming that the accused’s continued holding of posts causes difficulties for the investigation, the investigation agency or procuracy may propose to the agency or organization competent to manage the accused to suspend the position of the accused. the accused. Within seven days after receiving a petition, this agency or organization must reply in writing to the investigating agency or procuracy that has made the petition.
Article 129. Summon the accused
1. Investigators, when summoning a suspect, must send a subpoena. The defendant’s summons must clearly state the full name and residence of the accused; date, time, month, year, place where you are present, who you meet and responsibility for your absence without good cause.
2. The suspect’s summons shall be sent to the administration of the commune, ward or town where the accused resides or to the agency or organization where the accused works. The agency or organization that receives the summons shall have to immediately transfer the summons to the accused.
Upon receiving the subpoena, the accused must sign and receive, clearly stating the date and time of receipt. The person who delivers the subpoena must transfer the part of the summons signed by the accused to the agency that summoned the accused; if the accused does not sign and receive it, he / she must make a written record on it and send it to the agency summoning the accused; If the defendant is absent, the subpoena may be handed over to an adult family member for signature and handover to the defendant. A defendant in detention is summoned through the detention center’s supervisory board.
3. The accused must be present under the summons. In case of absence without plausible reasons or evasive signs, the Investigator may decide to escort.
4. In necessary cases, the procurator may summon the accused. The summoning of a suspect shall comply with the provisions of this Article.
Article 130. Escorting the accused on bail
1. A decision to escort the accused must clearly state the time and place of its issuance; full name and title of the decision maker; full name, date of birth, and place of residence of the accused; the crime for which the accused has been prosecuted; the time and place of the accused must be present.
2. Executors of the escort decisions must read, explain the decisions and make minutes on the escort as provided for in Article 95 of this Code.
3. The accused may not be escorted at night.
Article 131. Interrogation of the accused
1. The interrogation of the accused must be conducted by investigators right after the decision to prosecute the accused is issued. The accused can be interrogated at the place where the investigation is conducted or at the person’s residence.
Investigators, before interrogating, must read the decision to prosecute the accused and explain to the accused clearly his rights and obligations as prescribed in Article 49 of this Code. This must be recorded in the minutes.
If the case involves many suspects, ask each person individually and do not let them contact each other. The accused may be allowed to write his own testimony.
2. No questioning at night, unless it is impossible to delay, but must clearly state the reason in the minutes.
3. In necessary cases, the procurator may interrogate the accused. Interrogation of the accused shall be conducted in accordance with this Article.
4. Investigators or procurators who harass or use corporal punishment against the accused shall bear criminal liability according to the provisions of Article 299 or Article 298 of the Criminal Code.
Article 132. Minutes of interrogation of the accused
1. The minutes of interrogation of the accused must be made according to the provisions of Articles 95 and 125 of this Code.
Each time of interrogation must make a record. The minutes must contain all statements of the accused, questions and answers. Investigators are strictly forbidden to add, remove or correct by themselves the statements of the accused.
2. Investigators, after interrogating, read the minutes to the accused or let the accused read them themselves. In case the record is supplemented and corrected, the accused and the investigator shall jointly sign for certification. If the record has many pages, the defendant signs each page of the record. In cases where the accused write their own testimonies, the investigator and the accused shall jointly sign for certification that declaration.
If the interrogation is recorded, after interrogation, it must be played back for the accused and the investigator to listen to. The minutes must record the content of the interrogation, the accused and the investigator together to sign for certification.
In case of interrogation of the accused with an interpreter, investigators must explain the rights and obligations of the interpreter, and at the same time explain to the accused the right to request the replacement of the interpreter. The interpreter and the accused both sign each page of the interrogation minutes.
3. In the presence of defense counsels and legal representatives of defendants, investigators must explain to these persons their rights and obligations while interrogating the accused. The accused, the defense counsels and their legal representatives all sign the interrogation minutes.
In cases where the defense counsels are asked to question the accused, the minutes must contain all the questions of the defense counsels and the answers of the defendants.
4. In cases where procurators interrogate the accused, the provisions of this Article must be complied with.