The role of the people's procuracy in settling complaints and denunciations in Vietnam's criminal procedure

s in the Vietnamese CP? - Research questions on practical aspects: How is the role of the PP of settling complaints and denunciations in CP stipulated in the current law in Vietnam? How is practical implementation and ensure the implementation of the role of PPin settling complaints and denunciations in CP in Vietnam? 1.3.2. Research hypotheses In the socialist rule-of-law state, the role ofPP to handle complaints and denunciations in CP is indispensable In order to prove the abovescientific hypotheses, the thesis directly addresses the scientific issues, including: - In the socialist rule-of-law State,why does the PP have its functions, duties, authority to control and settle complaints and denunciations in CP? - Researching, analyzing and clarifying the results and limitations of PP in performing the functions, tasks and authority to control and settle complaints and denunciations; causes and solutions to overcome limitations to ensure the indispensable role of PP in settling complaints and denunciations in CP. 1.3.3. Approach of the thesis Firstly, access to the system: Analyzing and assessing issues of state power, judicial rights, the role of the Procuracy in the system of judicial agencies, 8 in the state apparatus, especially the role of the Procuracy in settling complaints and denunciations in CP; the interaction between judicial authorities with each other through the performance of functions and tasks constitutes a unified whole. Secondly, interdisciplinary approach: There is a combination of knowledge of many social sciences, such as political science, philosophy science, criminal law science, criminal procedure law science, administration law science, state theoretical science and law, constitutional law science, human rights science ... Thirdly, access to history: The historical viewpoint used in the research process, especially the process of considering relationships through different historical stages; generalize and assess the status of implementation of the role of Procuracy in settling complaints and denunciations in CP in historical context and the specific conditions and be recognized in terms of logical development. Fourthly, comparative law approach:is used mainly to compare current criminal procedure law and earlier CP lawon the role of PPin settling complaints and denunciations in CP. Conclusion of chapter 1 Chapter 2 THEORETICAL ISSUES ABOUT THE ROLE OF PEOPLE’S PROCURACY ON SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN VIETNAMESECRIMINAL PROCEDURE 2.1. Overview of complaints and denunciations; settling complaints and denunciations and supervising the settlement of complaints and denunciations in criminal procedure To interpret the role of PP on settlement of complaints and denunciations in CP, the first thing is being aware of what complaints and denunciations in CP are; its characteristics; competent entitiesand entities with the function of supervising the observance of law on the settlement of complaints and denunciations in CP . 2.1.1. Definition, features and nature of complaints and denunciations in CP 2.1.1.1. Concept of complaints in CP 2.1.1.2. Features of complaints in CP - Complainants: must have rights and legitimate interests directly affected by decisions of the proceeding activity that he or she complaints; - Person being complained: Is a competent agency or individual conducting criminal procedure - Subjects being complained:procedural acts or decisions of competent agencies and individuals in conducting criminal procedure. 2.1.1.3. Concept of denunciations in CP 2.1.1.4. Features of denunciations in CP 9 - Denunciator: Individuals detecting acts of law violation in operation of CP; - Person being denunciated: a competent person in criminal procedures; - Subject of denunciations:An act of CP which the accuser believes that behavior is a violation of law. 2.1.1.5. Nature of complaints and denunciations in criminal procedures The nature of complaints and denunciations is the exercise of direct democracy. Complaint is a legal tool for individuals, agencies and organizations to protect their legitimate rights and interests when theirs are violated; denunciation is a tool for individuals to notify agencies or competent persons of law-breaking acts of any competent person who conductsproceeding activity damaging or threatening to damage the interests of State, legitimate rights and interests of agencies, organizations and individuals. 2.1.2. Concept, features of settlement of complaints and denunciations in CP 2.1.2.1. Concept of settling complaints in CP Settlement of complaints in CP is the process of reviewing, accepting, verifying, concluding and issuing decisions to settle complaints against proceeding decisions and actsof competent authorities and persons. 2.1.2.2. Features of settlingcomplaints in CP - Regarding the competence to settle complaints: Only assigned to the procedure-conducting agencies and persons with the procedural titles. The person who settles the complaint does not have the right to resolve the complaint against his / her own procedural decision; - Regarding procedures for settling complaints: Complainants have no right to initiate lawsuits against complaint settlement decisions; - Time limit for settling complaints: The time limit is much shorter than the time limit for settling complainton decisions and administrative acts (maximum of 15 days; some types have time limit for settlement no more than 3 days). 2.1.2.3. Concept of settling denunciations in CP Settlement of denunciations in CP is the process of examining, accepting, verifying and issuing decisions to settle denunciations against proceeding decisions and acts of competent authorities and persons. 2.1.2.4. Featuresof resolution of denunciations in CP - Regarding the competence to settle denunciations: Always belong to the head of the agency; - Regarding the procedure for settlement of denunciations: Only one level is specified; - The time limit for settling denunciations: Basically, the time limit is longer than for settling complaints. However, for denunciations related to acts of arrest, custody or detention, the time limit for handling shall not exceed 3 days. 2.1.3. Concepts and characteristics of supervising the settlement of complaints and denunciations in CP 10 2.1.3.1. Definition of supervising the settlement of complaints and denunciations in CP It is the checking activities of the Procuracyin compliance under the laws of other competent entities to settle complaints and denunciations in CP. 2.1.3.2. Characteristics of supervising the settlement of complaints and denunciations in CP - Regarding entities: Procuracyis the only entity exercising the right to supervise - Regarding the scope of control: Only in the settlement of complaints and denunciations in CP - State-run control activities 2.2. Definition and content of the role of PP in settling complaints and denunciations in CP 2.2.1. The concept and characteristics of PP's role in settling complaints and denunciations in CP 2.2.1.1. The concept of PP's role in settling complaints and denunciations in CP The term "Role" means "effect, functionofwhom or what in the operation, the common development of a collective or an organization". From the concept of "role" above,it leads to the concept of role of People’s Procuracy: is the value and effect that People’s Procuracy brings to societyfrom basic operational aspect of itself. Thus, from the analysis of relevant concepts and the meaning of the term "role", it is possible to introduce the concept of PP’s role in settling complaints and denunciations in Vietnam's CP is: Expressions on the results, values, effects which PP bring to society through the implementation activity of the functions and duties of supervising and settling complaints and denunciations in criminal procedures. 2.2.1.2. Basic characteristics of PP's role in settling complaints and denunciations in CP - The role of PP in settling complaints and denunciations in CP is under comprehensive control of law - People’s Procuracyis the only entity with the authority to settle complaints and denunciations against acts and decisions of procedure-conducting persons that are not under their management. - The PP's role in settling complaints and denunciations may terminate or change the legal status of procedure-conducting persons and participants in legal proceedings as well asproceeding process of criminal case. - The role of the PP in settling complaints and denunciations is formed on the basis of individual and state requirements. 2.2.2. Content of the role of PPin settling complaints and denunciations in CP 2.2.2.1. Role of PP in direct settlement of complaints and denunciations in CP 11 Settling complaints and denunciations is both right and responsibility of the Procuracy. The powers to settle complaints and denunciations in criminal procedure of the PP are stipulated in the CP Code and the Law on Organization of PP and legal documents guiding the implementation and professional regulations of the sector. Accordingly, PP has competent role to resolve complaints and denunciations about the acts and procedural decisions of procedure-conducting persons belonging to the PP and acts and procedure decision of head of investigation agency; The agency chief is assignedto conduct a number of investigative activities; results of complaint settlement by headof investigating agency; at the same time have the mission of settling denunciations against the procedural acts of persons of the agencies being assigned to conduct a number of investigating activities. As such, the PP also plays a role in resolving complaints and denunciations for those who conduct legal proceedings that are not under their administrative management. 2.2.2.2. The role of the Procuracy in supervising the settlement of complaints and denunciations in CP of other entities The role of the People 's Procuracy in supervising the settlement of complaints and denunciations in CP is stipulated in the Law on Organization of the PP, the Criminal Procedure Code, and is specifies in the documents under laws such as Joint Circular No. 02 of the Central Judicial Interdisciplinary, the Professional Regulation of the sector. Accordingly, the Procuracy has the function of supervising the compliance with the law on settling complaints and denunciations in the CP of competent entities. 2.2.3. The purpose of implementingPP's role in settling complaints and denunciations in CP 2.2.3.1. State protection, regime protection, law protection, human rights protection 2.2.3.2. Contribute to improving the quality and effectiveness of the Procuracy 2.2.3.3. Settlement of complaints and denunciations haseffects on promoting and educating law for subjects of complaints and denunciations 2.2.3.4. Contributein building and improving the law on complaints and denunciations 2.2.3.5. Contributein the prevention and combating of acts of law violations and crimes, limit to the lowest cases of injustice, wrong conviction and undetected crime. 2.2.4. Requirements for fulfilling the role of the PP in settling complaints and denunciations in CP 2.2.4.1. Ensure the right to lodge complaints and denunciations in CP 2.2.4.2. Comply laws 2.2.4.3. Urgently, timely and not affect the normal operation of other entities 2.3. Factors affecting the role of the People's Procuracyin settling complaints and denunciations in CP 12 2.3.1. Awareness of the Party, the State and the people on the role of the PP in settling complaints and denunciations in CP The Communist Party of Vietnam is a leading force of the State and society. Accordingly, the Party's guidelines and policies will have a strong impact on all areas of social life, including the role of the PP in settling complaints and denunciations. Competent agencies to settle complaints and denunciations in CP should also be fully aware of the role of the Procuracy in supervising the observance of the law on settlement of complaints and denunciations CP. Only then can the Procuracy carry out its functions, tasks and powers; At the same time, it also helps these agencies detect violations to rectify them promptly in order to ensure social justice, protect the legitimate rights and interests of the State, individuals and organizations. In addition, people's awareness of the Procuracy's role in resolving complaints and denunciations in the CP is also very important. First of all, people need to be aware of their right to make complaints and denunciations in order to protect themselves and to protect the legitimate rights and interests of others when it is infringed upon. On the other hand, people also need to be aware of the functions, duties and powers of the Procuracyin this area to come to the right agency for settlement. 2.3.2. Provisions of law on the role of the PP in settling complaints and denunciations in CP The rule of law society in order to exist and develop, first of all, needs to have a unified, complete legal system and clearly stipulates the scope, functions and tasks of agencies in the state apparatus in which PP keeps what role in power activities of the State; in operations to settle complaints and denunciations in CP, PP plays what role? Depend on the contents of the law defining the functions, tasks and powers of the Procuracy, legal policies that are not suitable with reality will impact on the role of the PP. 2.3.3. Quality of theofficers of the PP advising the settlement of complaints and denunciations and supervising the settlement of complaints and denunciations in CP President Ho Chi Minh once pointed out: “Officers are the root of all works; Whether success or failure is due to good or poor staff.” The quality of the officers performing the functions, tasks of handling and supervising the settlement of complaints and denunciations in the CP is the ability to complete the tasks assigned in this field based on the following criteria: Firstly, the political qualities expressed in absolute loyalty to the Country and people, a strong political stance, a thorough grasp of the Party's guiding views related to the field of assigned work; Secondly, the professional quality is reflected in the deep understanding and proper application of the provisions of law, especially the provisions of law related to the assigned tasks, with high sense of responsibility in performing functions and duties of the Country; Thirdly, the ethical qualities 13 reflected in the strict observance of the ethical standards of officers and civil servants in general and officers of the Procuracy in particular, with the spirit of serving the people and protecting the public, reason and live a life of integrity and simple. 2.3.4. Facilities and working means in service of settlement and control of settling complaints and denunciations in CP Material resources to serve professional activities, such as: training expenses, professional training for officials; apply electronic media, build software to manage complaints and denunciations in the whole sector of Procuracy to create favorable conditions for timely monitoring, management and settlement. In addition, the remuneration for professional workers ... All of the above material conditions, requires the State and society to make appropriate investments in material resources for the Procuracy to implement the role of Procuracyin settlement of complaints and denunciations in judicial activities in general and in CP particular. 2.3.5. Implementing legally effective decision on settlement of complaints and denunciations in criminal law Implementing legally effective complaints and denunciations is the final stage of the exercise of state power. Thus, the power in the settlement of complaints and denunciations that stops at promulgating the decisions and conclusions of right and wrong and affirming justice is not enough and the justice that was only "on paper" only, theProcuracy' decisions are only truly valid when they are strictly enforced. 2.4. Basic criteria for assessing the role of the PP in settling complaints and denunciations in CP 2.4.1. Criteria to evaluate view point of the Party, State and people’s awareness about the role of the People's Procuracyin settling complaints and denunciations in CP - The degree of agreement between the Party's guidelines and policies and the State's laws on the role of the PP in the activities of controlling and settling complaints and denunciations in CP; - The practicality suitable of the Party's guidelines and policies, the State's policies and the functions and tasks of controlling and settling complaints and denunciations in the CP of the PP; - The degree of assurance of the power of the PP during the process of the Party leading settlement and control the settlement of complaints and denunciations in CP; - The people's awareness of complaints and denunciations and the significance of the settlement and control of the settlement of complaints and denunciations in CP; - The degree of trust of the people in the fairness and ensuring the justice is enforced of the settlement and control of the settlement of complaints and denunciations in the CP of the PP. 14 2.4.2. Criteria to evaluate the lawrecognizes the role of the PP in settling complaints and denunciations in CP - The completeness and comprehensiveness of the law recognizes the Procuracy's functions and duties on settling and supervising the settlement of complaints and denunciations in CP; - The degree of uniformity of law in assuring the Procuracy's power in settling and supervising the settlement of complaints and denunciations in CP; - Law ensuring the Procuracy carries out activities of settling and supervising the settlement of complaints and denunciations in CP. 2.4.3. Criteria to evaluate the efficiency of activities of settling complaints and denunciations in CPof the PP The document of settling complaints and denunciations accurately reflects the nature of the case, ensuring its justice andlegalty, and achieving objective truths are the basic criterions for evaluating the role of PP in settling complaints and denunciations in CP. In addition, in order to ensure a comprehensive assessment of the Procuracy's role in this field, it is necessary to consider the timeliness of the settlement of complaints and denunciations within the prescribed time limit. Conclusion Chapter 2 Chapter 3 CURRENT SITUATION OF THE ROLE OF THE PEOPLE'S PROCURACY IN THE SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN CRIMINALPROCEEDINGS OF VIETNAM 3.1. The reality of the law acknowledges the role of the PP in settling complaints and denunciations in CP 3.1.1. From the Party's policy to the State's enactment of laws showing the role of the Procuracyin complaints and denunciations The Fourth Conference of the IXCentral Committee of the Party issued a conclusion on the amendments and supplements to a number of articles of the 1992 Constitution, which clearly states: “It is necessary to amend and supplement functions and tasks of the PP in the direction of: The PP shall only exercise the right to prosecute and control judicial activities, not perform the function of control in compliance with the law of organizations and individuals” Institutionalizing the views and policies of the XIII Party and National Assembly passed the 2013 Law and judicial laws, including the Law on Organization of the People's Committee of 2014; Role of PP to settle and supervise the settlement of complaints and denunciations in judicial activities are recorded as a separate item. In line with the 2014 Law on Organization of the PP, the CPCode in 2015 has made new changes in the role of the People 's Procuracy in resolving complaints and denunciations compared to the 2003 Law on CP as assigned to practice prosecution rights amd supervision of the law observance in CP , the deputy head of the Procuracyare competent to settle 15 complaints and denunciations under the Procuracy’sauthority, except for complaints and denunciations of their own decisions and acts; The superior Procuracy is responsible for inspecting and examining the settlement of complaints and denunciations of the lower Procuracies. The supreme PP inspects and exams the settlement of complaints and denunciations of the Procuracies of all levels. 3.1.2. The law recognizes the Procuracy's role in settling complaints and denunciations in the current CP Pursuant to the provisions of the 2013 Constitution, the 13th National Assembly passed the Law on Organization of People's Procuracyin 2014; The 2015 CP Code, which acknowledged the Procuracy's role in settling complaints and denunciations in CP. 3.2. Actual situation of implementing the role of the PP in settling complaints and denunciations in CP 3.2.1. Actual situation of the Procuracy's role in directly settling complaints and denunciations in CP Table 1. Statistics of complaint settlement in CP Under the jurisdiction of PP in 10 years (From 2009 to 2018) Year Complain Acceptance number (cases) Solved (cases) Pass (%) 2009 854 562 66% 2010 798 487 61% 2011 958 617 64% 2012 570 561 98% 2013 596 582 98% 2014 970 955 98% 2015 855 881 99% 2016 1191 1190 99% 2017 1516 1212 79.9% 2018 1672 1592 95.2% Total 9980 8639 86.5% Source: Statistical reports of results of the PP 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018 16 Table 2. Statistical data of denunciations settlement in CP under the jurisdiction of PP in 10 years ( from 2009 to 2018) Year Denounce Acceptance number (cases) Solved (cases) Pass (%) 2009 39 30 77% 2010 36 23 64% 2011 39 28 72% 2012 76 72 95% 2013 39 35 90% 2014 52 48 92% 2015 33 30 91% 2016 43 41 95% 2017 125 113 90.4% 2018 102 92 90.1% total 584 512 87.6% Source: Statistical reports of results of the People's Procuracy' in settling complaints and denunciations in 2009, 2010, 2011 , 2012, 2013, 2014, 2015, 2016, 2017 and 2018 3.2.2. Situation of performing the role of supervising the compliance with laws on settlement of complaints and denunciations in CP Table 3. Statistical data of supervising the settlement of complaints and denunciations in CP of PP in 10 years (from 2009 to 2018) Year Total number of control measures taken Modes of conducting the inspection Control results Check the implementa tion of petition and appeal Dir ectl y sup ervi sio n Reque st a writte n settle ment Requ est a self- test Request to provide records and documents Pettiti on App eal 2009 550 373 56 101 20 146 6 2010 464 310 34 93 27 219 14 2011 635 389 36 177 33 289 6 1 2012 731 517 41 112 sixty one 432 2 6 2013 724 585 51 70 18 469 6 15 2014 1072 497 301 226 48 410 2 2015 749 459 45 181 64 359 8 2016 863 475 61 227 100 369 2 17 2017 986 471 149 296 70 411 1 2018 1039 554 142 249 94 329 1 total 7813 463 0 916 1732 535 3433 48 22 Source: Statistical Report on results of supervising the settlement of complaints and denunciations in CP of the PP in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018 3.3. Assess the role of the PP in settling complaints and denunciations in Vietnam's criminal procedures today 3.3.1. Awareness of the Procuracy's role in settling complaints and denunciations in CP - The Party's views and the State's policies on the Procuracy's role in settling complaints and denunciations in CP - People's awareness of the Procuracy's role in settling complaints and denunciations in CP 3.3.2. The legal mechanism for the Procuracy's role in settling complaints and denunciations in CP is incomplete - The law has not yet provided punishment that the Procuracyis able to apply in case the competent authorities do not comply with the Procuracy's requests and decisions in the process of settling complaints and denunciations in CP. - The law has not regulated that the settlement of complaints and denunciations is a compulsory proceeding. - The time limit for settling complaints in CP is too short, difficult to ensure the quality and results of settlement by competent agencies. - The law recognizes the Procuracy's right to supervise the settlement of