What are objectives of the Criminal procedure code in Vietnam?

What are objectives of the Criminal procedure code in Vietnam?

Pursuant to Article 2 of the Criminal Procedure Code in 2015 stipulating as follows:

Criminal procedure code is intended to expose and settle every criminal act in precise, just and timely manners, to preclude, protest and combat crime for omission of no infractions, to protect guiltless people from unjust conviction, to uphold justice, to defend human rights and citizenship rights, to conserve socialism, to secure the Government's benefits, to protect the legitimate rights and interests of organizations and individuals, to educate people to consciously conform to the laws.

Who are presiding officers in Vietnam?

Pursuant to Clause 2, Article 34 of the Criminal Procedure Code in 2015 stipulating presiding officers in Vietnam as follows:

- Presiding officers are:

+ Heads and vice heads of investigation authorities and investigators and investigation officers;

+ Heads and vice heads of The procuracy, procurators and checkers;

+ Court presidents, Vice court presidents, judges, lay assessors, Court clerks, verifiers.

Besides, you have to differentiate between presiding officers and persons authorized to institute proceedings. Specifically, persons authorized to institute proceedings are presiding officers and persons assigned to perform certain activities of investigation. Presiding officers have already been mentioned as above. On the other hand, persons assigned to perform certain activities of investigation are:

- Personnel of the Border protection force, as assigned to performed certain activities of investigation, include heads and vice heads of Border reconnaissance department, Drug and crime department; heads and vice heads of Special service against drug and crime; captains and vice captains of Border protection units in provinces and centrally-affiliated cities; commanding officers and deputies in Border protection posts; commanders and deputies of Border protection units at border gates;

- Personnel of Customs authorities, as assigned to perform certain activities of investigation, are heads and vice heads of Anti-smuggling and investigation department; heads and vice heads of Post clearance audit department; heads and vice heads of provincial and inter-provincial Departments of customs and those in centrally-affiliated cities; heads and ice heads of Customs departments at border gates;

- Personnel of Forest ranger, as assigned to perform certain activities of investigation, include heads and vice heads of Forest protection department, heads and vice heads of Forest ranger departments; heads and vice heads of Forest ranger stations;

- Personnel of Maritime police force, as assigned to perform certain activities of investigation, include commanders, vice commanders, zone commanders and vice zone commanders of Maritime police force; heads and vice heads of Specialized and legal department; heads and vice heads of Special service of drug enforcement; heads and vice heads of Naval battalions, Naval flotilla; captains and deputies of Maritime police force’s special task units;

- Personnel of Fisheries resources surveillances, as assigned to perform activities of investigation, include heads and vice heads of Bureau of fisheries resources surveillances, heads and vice heads of zonal Bureaus of fisheries resources surveillances;

- Personnel of other units of People's Police force, as assigned to perform certain activities of investigation, include directors and vice directors of Fire Police; heads, vice heads, managers and vice managers of People's Police force’s units assigned to investigate; warders and vice warders of prisons according to the Law on the organization of criminal investigation authorities;

- Personnel of other units of People’s Army, as assigned to perform certain activities of investigation include warders and vice warders of prisons; heads of independent regiment units and similar ones.

- Investigation officers in the authorities and units as defined in Section 1 of this Article.

Therefore, the scope of presiding officers is smaller than the scope of persons authorized to institute proceedings. You should pay attention to understand the nature of the problem when receiving information.

Best regards!