The above information was stated by Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien at a discussion in the hall about the draft Law amending and supplementing a number of articles of the Criminal Procedure Code, which took place on the afternoon of May 27.
Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien speaks at the conference hall. |
According to the Chief Justice of the Supreme People's Procuracy, the addition of authority to the chief and deputy chief of the commune police as investigators with the authority to investigate and prosecute comes from practical requirements. After the abolition of the district police level, investigation activities at the grassroots level encountered many difficulties, requiring adjustment. Previously, the commune police were only assigned a number of tasks, but did not have to carry out investigation tasks.
Director Nguyen Huy Tien agreed with the delegates' opinion on the need to strengthen the capacity of the communal police force when assigning the authority to investigate and prosecute cases, "the investigative force at the communal police will be strengthened from the provincial and district levels".
The Director also cited the report of the Ministry of Public Security "will arrange about 30 - 40 police officers, even in key areas such as Hanoi, Ho Chi Minh City, large communes can have from 50 - 60 police officers and the number of investigators can be from 6 - 7 or from 8 - 10".
Next, Director Nguyen Huy Tien cited that this draft law stipulates that intermediate-level investigators and above are deputy or chief of commune police and are allowed to exercise a number of powers directly authorized by the head of the provincial-level investigation agency through law.
It is expected that such force deployment will be used to prosecute and investigate serious cases with a maximum penalty of 7 years in prison.
Regarding the issue of trial in absentia, Chief Justice Nguyen Huy Tien said that this is very effective. Through investigation, prosecution, trial in absentia, and especially economic and corruption crimes, some subjects have returned to serve their sentences through the verdict. The decision by verdict has legal value for foreign countries. From there, to carry out the extradition or we take measures to require them to return to serve their sentences. Previously, we tried in absentia but the investigation and prosecution have not been supplemented. This matter in the draft law has been assigned to the Minister of Public Security as well as the Chief Prosecutor and the Chief Justice to specify. If it is regulated in detail in one law, it will probably be very difficult.
"We will review this issue so that after the law is passed, we will implement instructions. For example, how to serve, through what means or widely announce through mass media so that the subjects can grasp it and we will implement it in the instructions," said Director Nguyen Huy Tien.
Previously, commenting on the draft law, Senior Lieutenant General Tran Quoc To, Deputy Minister of Public Security, said that in order to meet practical requirements when there is no district-level police force, in accordance with the scale of the commune police force after the arrangement, the draft needs to add a provision that the investigator is the commune-level police chief or deputy commune-level police chief.
However, it is necessary to understand clearly that "commune-level police are not an investigation level", but rather investigators belonging to an investigation agency arranged as chief or deputy chief of commune-level police. This investigator belongs to the provincial police investigation agency, performing duties and powers in the proceedings under the judicial title of investigator, not the administrative title of chief or deputy chief of commune-level police.
The Deputy Minister suggested that the drafting committee consider clarifying this content in the draft.
According to VTC News
Source: https://baobacgiang.vn/sau-sap-nhap-moi-xa-se-co-30-60-can-bo-cong-an-postid419049.bbg
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