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ACADEMY SOCIAL SCIENCE OF VIETNAM ACADEMY OF SOCIAL SCIENCES VIÊ DANG VAN THUC PROSECUTOR'S ACTIVITIES IN CRIMINAL PROCEDURES IN OUR COUNTRY TODAY Specialization: Criminal Law and Criminal Procedure Code: 9380104 SUMMARY OF THE THESIS OF LAW STUDY Ơ Ha Noi – 2022 The thesis is completed at: ACADEMY SOCIAL SCIENCE OF VIETNAM ACADEMY OF SOCIAL SCIENCES Scientific instructor: Assoc Prof Dr Tran Van Do VIÊ Examiner 1: Assoc Prof Dr Pham Van Loi Examiner 2: Assoc Prof Dr Tran Van Luyen Examiner 3: Assoc Prof Dr Tran Dinh Nha The thesis will be defended under the assessment of the Academy's Doctoral Thesis Committee, located at: Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time date month year 2022 The thesis can be found at: - Library of Vietnam Academy of Social Sciences - Vietnam National Library INTRODUCTION The need of the thesis’ research Procurator is one of the important civil servants who directly carry out specific activities to perform the functions of the Procuracy: Procurator is a person appointed in accordance with the law to perform the functions of internal control and internal control During the process of administrative reform, the Party and State have issued many regulations related to the procuratorate team, which is the team that directly performs the functions of internal control and internal control of the Procuracy In order to fully implement the requirements of the Party and State for the improvement of the quality of the current Prosecutor team, it is necessary to continue to have in-depth research topics on the activities of the prosecutor’s force Through surveying the research situation on the activities of the supervisors (specifically identified in Chapter of the thesis), we found that the scientific works directly researched on the supervisory staff have not been interested in research systematically and intensively Current research topics are mainly related to the activities of the Prosecutor (in which the supervisory team is mentioned to some extent), or just stop at the study of a specific related activity to the prosecutor’s team (dispute and debate activities) The lack of in-depth studies on this team leads to the perception of the roles and activities of the supervisory team in performing the functions and duties of the Industry, which still has many limitations Practice shows that, in the past years, the Procuracy has performed relatively well the activities of exercising the prosecution right and supervising judicial activities, actively contributing to the fight against crime, protecting the interests of society, and the democratic freedoms of the citizen However, the activities of the People's Procuracy in general, and the activities of the Procuracy in particular, still have many limitations, affecting the performance of the procuracies' functions of internal control and internal control Therefore, the PhD student decided to choose the topic "Activities of prosecutors in criminal proceedings in our country today" as his research topic for his doctoral thesis in jurisprudence to systematically contribute to providing system on theoretical and practical issues and solutions to improve the quality of Procurator activities in criminal procedure The purposes and misson of thesis 2.1 Purposes 2.2 Misson Object and scope of the thesis’s research 3.1 Object 3.2 Scope - The thesis only studies the performance of the procurator's activities, not the activities of the procurator holding the position of Director, Deputy Director of the Procuracy (the Director and Deputy Director of the Procuracy are also proceedings-conductors and hold positions of authority with specific procedural titles, which are different from those of prosecutors) and did not study the activities of the Military Procuracy The thesis only studies the activities of the prosecutor in the stages of prosecution, investigation, prosecution and first-instance and appellate trial of criminal cases (The thesis does not study the stages of cassation, reopening, and enforcement trials judgment) - On the theoretical basis: Thesis studies the theoretical basis of the activities of the procurator in criminal proceedings - On the legal basis: The thesis focuses on researching legal documents in the field of criminal procedure associated with the activities of the Procuracy in Vietnam today, such as the Constitution of 2013, the Law on organization of the People's Procuracy of 2014, Criminal Code 2015, and related sub-law documents As for the provisions of law on the activities of the prosecutor before the above documents were available, the thesis only researched the most general nature of the activities of the prosecutor in the criminal procedure - About time: The thesis studies the practice of prosecutor activities in Vietnam during the last 10 years (from 2012 to 2021) Methodological basis and research method of the thesis 4.1 Methodological basis 4.2 Research method New scientific contributions of the Thesis Firstly, the thesis builds an overall theoretical system about the activities of prosecutor in criminal procedure in our country today, specifically: building the concept of Procurator activity in criminal procedure from the concept of general activities, legal activities, the concept of procuracy as an important subject, directly performing activities demonstrating the functions of the procuracies of internal control and internal control of the procuracy in the criminal proceedings; Characteristics and forms of performing activities of procurators in criminal procedure in our country today; The role and purpose of activities of the Procurator body in the criminal procedure; Contents of activities of prosecutor in the current period; Factors to ensure the operation of prosecutors in criminal proceedings; Activities of prosecutor in some countries and lessons for Vietnam today Second, the thesis presents the provisions of the law on criminal procedure in Vietnam from 1945 to the present, especially studying the activities of the procurator in the 2015 Criminal Procedure Code On the basis of those provisions, the thesis has surveyed the implementation of activities The Procurator’s actions in the current criminal procedure, thereby making assessments, pointing out the advantages as well as the limitations, obstacles and causes of the limitations and obstacles in the activities of the supervisors in the criminal procedure Thirdly, on the basis of views on improving the performance of procurators in criminal proceedings, the thesis has developed scientific solutions in line with the policies and views of the Party and the laws of the State The solutions of the thesis to improve the operational efficiency of prosecutor in our country today include: - Completing the law on the functions and duties of the Procuracy and regulations to ensure the operation of the Procuracy and Procuracy in the criminal procedure In particular, special attention is paid to the regulations directly related to the activities of the prosecutor in the criminal procedure - Complete solutions to improve the efficiency of the operation of the prosecutor's office in the criminal procedure in our country today Theoretical and practical significance of the thesis The thesis is the first work to comprehensively and systematically study the activities of procurators in criminal procedure in Vietnam with the aim of providing scientific arguments and theoretical as well as practical views and solutions to perfect the legal provisions on the activities of prosecutors in criminal proceedings and solutions to improve the quality of activities of prosecutors in criminal proceedings in Vietnam today, also meet the requirements of building and perfecting the rule of law State of the people, by the people, for the people; judicial reform requirements and constitutional ideology in our country The thesis is a scientific work with reference value for research, teaching, learning, scientific research activities, helping legislative researchers to refer to perfect legal policies; expanding the scope of research to related legal issues, participating in scientific seminars, legal rapporteurs in the field of law in general and the field of criminal justice and criminal procedure in particular The research also supports the prosecutors in carrying out case resolution activities, limiting violations and shortcomings in the criminal cases’ settlement process The structure of the thesis In addition to the introduction, conclusion and list of references, the thesis is structured into 04 chapters, specifically as follows: Chapter 1: Overview of the research situation related to the thesis topic Chapter 2: Theoretical issues about the activities of prosecutors in criminal proceedings Chapter 3: Legal status and practice of prosecutors in criminal proceedings in our country today Chapter 4: Requirements and solutions to improve the quality of activities of prosecutors in criminal proceedings in our country Chapter RESEARCH SITUATION OVERVIEW 1.1 Domestic research 1.1.1 Research work on theoretical issues about the activities of prosecutors in criminal proceedings 1.1.2 Research work on the practice of prosecutors in criminal proceedings 1.1.3 Research work on the activities of Procurator/Prosecutor in the legal system of countries 1.1.4 Research work on viewpoints, requirements and solutions on perfecting the law and improving the operational efficiency of prosecutors in criminal proceedings 1.2 Foreign research 1.2.1 Previous works have studied the theoretical issue of the prosecutor's operation in criminal proceedings 1.2.2 Previous scientific works have studied the current state of legal regulations 1.2.3 Research projects offer solutions to improve the performance of prosecutors in criminal proceedings 1.3 Comment on the research situation related to the topic and research problems to be raised 1.3.1 The research issues related to the thesis topic have been clarified and need to continue to be inherited and developed in the thesis topic 1.3.2 Issues that are still open or have not been adequately researched and resolved in published studies related to the thesis topic Chapter THEORETICAL ISSUES ABOUT THE ACTIVITIES OF PROSECUTORS IN CRIMINAL PROCEDURES 2.1 Concepts, characteristics and forms of operation of procurators in criminal proceedings 2.1.1 The concept of the procurator's activities in criminal proceedings In order to clarify the concept of the operation of a Procurator in criminal proceedings, we believe that it is necessary to clarify the underlying concepts: the concept of operation; prosecutor’s concept, prosecutor’s operation concept; criminal procedure concept On the basis of the connotative concepts to build the concept of the operation of the prosecutor in the criminal procedure, ensuring the legal basis and the scientific nature of the concept From the above compositional concepts and analysis, the concept of the prosecutor's activities in criminal proceedings can be proposed as follows: Activity of a procurator in criminal proceedings is the conduct of specific jobs to perform his/her functions Ability to exercise the right to prosecute and supervise judicial activities in prosecuting, investigating, prosecuting and adjudicating criminal cases 2.1.2 Operational characteristics of prosecutors in criminal proceedings Derived from the concept that the operation of the administrative body in criminal procedure is the implementation of specific actions to perform the functions of administrative control and internal control Therefore, the activities of the prosecutor's office have some characteristics of the law enforcement activities in general and the specific characteristics of the administrative law enforcement and criminal justice activities Detail: Firstly, prosecutor's activities are state power Secondly, the activities of prosecutors in criminal proceedings play an important role and are carried out throughout all stages of criminal proceedings from prosecution, investigation, prosecution to trial Third, the activities of the Prosecutor's Office are both under the control of the Procuracy's leadership and demonstrate the independence of the Prosecutor's Office Fourth, the activities of the procurator in criminal proceedings are activities that must comply with strict regulations on order and procedures prescribed by law Fifth, the activities of the Procuratorate in criminal proceedings are limited by the performance of duties and powers that the Procuracy gives authority in accordance with the law 2.1.3 Operational forms of prosecutors in criminal proceedings 2.1.3.1 The form of performance of the procurator's activities when performing the tasks and powers in the exercise of the right to prosecution 2.1.3.2 Forms of implementation of the supervision of judicial activities by prosecutors in criminal proceedings 2.2 Role and purpose of activities of prosecutors in criminal proceedings 2.2.1 The role of the Procurator in criminal proceedings Firstly, the activities of the prosecutor in criminal proceedings aim to contribute to protecting the objective truth of the case Secondly, the activities of the prosecutor's office in criminal proceedings contribute to the protection of socialist legality, protection of human rights in general, and the legitimate rights and interests of the accused, victims and litigants 11 - Legal provisions on the activities of the procurator during the trial period 3.2 Actual practice of prosecutors in criminal proceedings in Vietnam today 3.2.1 Achievements of the Procurator's activities in criminal proceedings 3.2.1.1 Achievements in the exercise of the right to prosecute and control the prosecution of criminal cases During the 10-year period from 2012 to 2021, the Procuratorate of Procuracy at all levels actively took the initiative in requesting local authorities to verify and fully implement activities to carry out the process of dealing with denunciations and reports about crime The process of corporate governance and supervision of the observance of the law on prosecution of cases, together with the strengthening of prosecutor's responsibility in investigation activities, broadens the scope of international law enforcement for receiving and dealing with denunciations and information about report crimes and recommend prosecution Prosecutor has closely supervised the classification and handling of crime reports and denunciations of investigative officers, enumerators, police officers and agencies assigned to conduct a number of investigative activities Limit the situation of unfair, wrong or omitted criminal prosecution, ensure that the decision to prosecute or not to prosecute criminal cases is grounded and lawful 3.2.1.2 Achievements in the exercise of the right to prosecution and investigation The People's Procuracy has paid great attention to the work of administrative procedure and the investigation, resulting in 100% of the 12 criminal cases being closely monitored right from the time of prosecution of the case; ensure to follow closely, closely, firmly grasp the progress, results of investigation and the making of dossiers of the police, limit shortcomings, not unjustly blame innocent people and not leave criminals behind At the same time, implementing the policy of strengthening the responsibility of prosecutors in investigation activities, linking prosecutors with investigation activities, Procurators of the Procuracy at all levels have closely followed the investigation process and closely monitored the investigative activities of the Public Prosecutor's Office Since then, the Prosecutor's Office closely supervises the conclusion of the investigation by the traffic police, ensuring that the decisions on suspension, temporary suspension, and the prosecution's proposal are grounded and lawful 3.2.1.3 Achievements in the exercise of the right to prosecution and supervision of the prosecution stage During the prosecution stage, the People's Procuracy of the People's Procuracy at all levels focused on studying the case file to propose to the Institute leadership to decide to prosecute by indictment or prosecution decision to suspend or suspend the case or return the file for additional investigation During the course of the case study, when it was deemed necessary, the prosecutor reported to the Institute's leaders to directly carry out investigative activities to examine, collect, and supplement documents and evidence to further strengthen the investigation file for deciding the prosecution or for cases where it is not necessary to return the file to the court when the court returns the file for additional investigation Basically, the decisions of the Procuracy in this period are grounded and lawful 13 3.2.1.4 Achievements in the exercise of the right to prosecution and first-instance trial supervision During the first-instance trial period of criminal cases, prosecutor strictly and fully implemented the provisions of the Regulations on Criminal Procedures and Criminal Procedures (Regulation 505), the requirements of Directive No 09/CT-VKSTC dated April 2016 on strengthening measures to improve the litigation quality of prosecutor at the trial Accordingly, the procurator assigned to participate in the trial must have carefully studied the case file, prepared the outline of the interrogation, expected the debate situation, drafted the conclusion, and expected the content of the response as a premise for the trial interrogation activities at the court hearing, to serve as a basis for responding and arguing to clarify the defendant's criminal behavior, aggravating and mitigating circumstances, compensation for civil liability, and contributing to the Court's decision judgments of the right people, in accordance with the law, not unjustly blame innocent people, not leave out criminals, be fair in deciding punishments, ensure human rights and citizens' rights When participating in the trial, the prosecutor well performed the administrative procedures and supervised the trial of the Court The behavior of the prosecutor when participating in the trial is increasingly improved, fully fulfilling the requirements of the Code of Conduct of the Prosecutor when the Court of Justice, the Public Prosecutor at the court hearing, the Court session (Issued together with Decision No 46/QDVKSTC dated February 20, 2017) Prosecutor actively participated in the interrogation, paying attention to the connection between the content of the interrogation and the content in the draft impeachment, making 14 the impeachment highly convincing The debate and response activities of Prosecutor are increasingly improved in quality All opinions related to the case are responded to by the Prosecutor, expressing their views with the evidences examined at the trial and the legal bases prescribed, which not only allows the accused and defense counsels to express their opinions clearly identify the defendant's criminal behavior, but also let all citizens attending the trial realize that the Procuracy prosecutes the accused for committing crimes in accordance with the law 3.2.1.5 Achievements in the exercise of the right to prosecution and supervision of appellate trial Attached to the request of fighting against unjust innocent people, against omission of criminals and offenders, along with the thorough understanding and implementation of Directive No 08/CT-VKSTC dated April 6, 2016 on "continued" strengthen the work of protesting criminal judgments", in recent years, the People's Procuracy at all levels has discovered many serious violations of the criminal law and the criminal procedure law, and promptly issued many appellate protests Prosecutor has closely supervised the appellate trial of the Court, ensuring that the Courts of Appeal at all levels bring appealed and protested cases to appeal court on time, in accordance with the law, and ensure trial on right person, right crime, right law 3.2.2 Limitations, violations and causes 3.2.2.1 Restrictions and violations Firstly, limitations and violations in the activities of the Prosecutor's Office in the stage of receiving and handling information and denouncing crimes and proposing to prosecute: 15 Procurators of the People's Procuracy at all levels are still passive in receiving denunciations, crime reports and recommendations for prosecution, but mainly focus on supervising the settlement of denunciations, information and recommendations for prosecution received many denunciations, crime reports and recommendations for prosecution; Direct supervision of the handling of denunciations, information on crimes and petitions for prosecution at prosecutor's police station has not yet reached consensus on the form as well as the content Second, limitations and violations in the activities of the Procurator at the investigation stage: During the investigation phase, there are still many cases, the Prosecutor has not followed the investigation process, did not carefully study the case file Therefore, it was not timely to propose to the leadership to cancel the decision to prosecute the accused, leading to many cases being suspended because there was no crime or the defendant's behavior did not constitute a crime The Procuracy also loosed responsibility for the activities of collecting evidence, making case files, and handling physical evidence of the police, leading to injustice, wrongdoing, omitting criminals or requiring additional investigation In addition, although the number of cases that Prosecutor requests for investigation has increased significantly in recent times, many places have reached the target of 100% of cases that require investigation by Prosecutor, but in reality, The quality of investigation required in many cases is still not high Third, limitations and violations in the activities of the Procurator at the prosecution stage: During the investigation phase, the Prosecutor did not follow the investigation process and did not promptly request the police to conduct investigation activities immediately After the prosecution of the 16 case led to many cases being protracted, temporarily suspended, and even in many cases until the prosecution stage, Prosecutor discovered the limitations and shortcomings in the previous stage, leading to the status of having to suspend the case during the prosecution stage Fourth, limitations and violations in the procurator's activities at the trial stage: There are still many cases that have been returned by the Court for additional investigation, the Court has declared the wrong crime, omitted the crime or there were procedural violations, but the procurator of the first instance and appellate levels did not promptly propose to the leadership of the Appellate Appeal Chamber or the defense of views at the appellate court session was still limited, leading to the judgment having to be considered according to the provisions of law cassation and reopening procedures Or there are cases where the Procuratorate did not promptly detect violations in the first-instance and appellate trials of the Court to report and propose to the Procuracy's leadership to promptly protest against cassation, leading to the discovery the case has passed the time limit for appeal against cassation 3.2.2.2 Causes of restrictions and violations Firstly, the legal system still has many shortcomings and limitations that lead to difficulties for the activities of the Procuratorate in criminal proceedings: The regulations are unreasonable, even contradictory about the legal status of the People's Procuracy in the Constitution and the Law organize the People's Procuracy; regulations directly or indirectly related to the activities of prosecutors in the Criminal Procedure Code are still limited Second, leaders of the Procuracy at all levels have not fully fulfilled their responsibilities and limitations in the management, direction and administration of professional activities Good 17 implementation of the principle of centralized and unified leadership in the Procuracy sector and the roles and responsibilities of the Procuracy leaders at all levels specified in the Criminal Procedure Procedure are necessary for the performance of activities of the Procuracy in general and the Procuracy in particular Third, the capacity of the staff of the Procuracy of the People's Procuracy has been improved, but has not yet met the requirements in the new situation Some of the procurators were not fully aware of the position and functions of the procuracies and supervisors of the procuracies as well as their roles when representing the procuracies to perform those functions in the process of settling criminal cases Fourthly, the supervision activities of the elected bodies and social organizations over the activities of the Procuracy in general and the Procuratorate in particular are sometimes still vague, failing to promptly detect the violations of the Procuracy and the Procuracy in the perform tasks to protect the legitimate rights and interests of procedure participants Fifth, the relationship between the People's Procuracy and the People's Court and the People's Court, and between the Procuracy and the Institute's leaders are limited and unreasonable 18 Sixth, limitations in ensuring the activities of the prosecutor in criminal proceedings In order to ensure the operation of the supervisor in the criminal procedure, it is necessary to strengthen the factors that ensure the operation of the supervisor prosecutor's activities can only be effective if the factors that ensure prosecutor operation are enhanced Chapter ADVANCED REQUIREMENTS AND SOLUTIONS IN THE QUALITY OF PROSECUTOR'SACTIVITIES IN CRIMINAL PROCEDURES 4.1 Requirements to improve the quality of activities of prosecutors in criminal proceedings 4.1.1 Request judicial reform 4.1.2 Request to protect human rights 4.1.3 Request to overcome existing limitations in the activities of the Procurators and Procuracy 4.1.4 Requirements to perform the functions and duties of the Procuracy 4.1.5 Requirements to ensure suitability with Vietnamese conditions and selective absorption of international experiences 4.2 Solutions to improve the performance of prosecutors in criminal proceedings 4.2.1 Improve the law related to the supervision activities in criminal proceedings 4.2.1.1 Completing the provisions of the Law on Organization of the People's Procuracy To concretize exactly the provisions of the Constitution on international law and urban planning Accurately identifying judicial 19 activities as activities of competent state agencies and activities of procedure-conducting persons Activities of procedure participants are not judicial activities, so they are not subject to the control of the Procuracy; amending regulations on indefinite appointment for auditors and supplementing regulations on order and procedures for appointment and dismissal of supervisory titles 4.2.1.2 Completing the provisions of the Criminal Procedure Code on Procurators and the operation of the People's Procuracy in criminal proceedings - Direct regulations on the activities of the Procurator: + The following additional investigative activities are also conducted before the prosecution of the case: identification; voice recognition; take testimonies of victims, witnesses, civil plaintiffs, civil defendants, persons with interests or obligations related to the case according to the guidance of the Ministry of Public Security (especially for confrontation activities) , We not recommend addition because confrontation is only conducted when other investigative activities have been applied without results) + From the practical work, it is necessary to amend the regulations on the participation of prosecutors in interrogation activities of the accused conducted by the traffic police in the direction that this is the responsibility of the prosecutor, one of the tasks that must be performed conducted during the criminal cases investigation phase + In addition to completing the provisions of the Criminal Procedure Code related to the activities of the Procurator, it is necessary to codify the activities of the Criminal Procedure Code and the Criminal Procedure Code in the existing Criminal Procedure Procedures in the 20 form of advice and recommendations to the Procurator in the process of deciding to "close and open the case" and decide to apply measures to "restrict human rights and citizens' rights" into specific tasks of the prosecutor - Regulations that indirectly affect prosecutor's activities: Firstly, it is necessary to amend the provisions of the Criminal Procedure Code on the functions of the procuracies in the criminal proceedings as provided for in Article 20 and other relevant laws in the direction that the procuracies refer to the civil procuracies in the criminal proceedings Second, perfecting the Criminal Procedure Code in the direction of not considering the procedural activities of the participants in the proceedings as the object of the procuracies' control In criminal proceedings, procedure participants shall exercise procedural rights and obligations in accordance with law; such activity is not a judicial activity Thirdly, in the Criminal Procedure Code, it is necessary to distinguish more clearly the types of activities of the Procuracy: administrative procedures, civil law activities and activities to prevent and ensure procedural activities, thereby defining the duties and powers of the authorities The name in the Procuracy is correct and reasonable Fourth, amend the provisions of the Criminal Procedure Code 2015 on the management of information about crime Articles 145, 146 and 147 of the Criminal Procedure Code need to be amended in the following direction: All agencies and organizations, after receiving information about a crime, must immediately notify the nearest People's Procuracy within 24 hours and added regulations on the duties and 21 powers of the procuracies in the direction that the procuracies have the right to annul illegal decisions of the police of wards, townships, police stations and commune police in the receipt and examination of information report and denounce crimes Fifth, the Criminal Procedure Code needs to specify more clearly and specifically the position, role, duties and powers of the prosecutor in the trial of criminal cases: Amendments to the provisions of Article 307 on the procedure for questioning; Research and amend the provisions of Article 15 of the Criminal Procedure Code in the direction: The People's Court has no the obligation to prove the crime but only the duty of trial; Annulling the provisions on the Court's competence in prosecuting criminal cases in Articles 18 and 154 in the direction that: During the trial, if detecting the omission of a crime, the Court recommends that the People's Procuracy and the People's Procuracy consider and issue a Decision to initiate criminal proceedings against the criminal cases Amending regulations on the authority to withdraw or change the prosecution's decision of the prosecutor at the court hearing in the direction that if there are grounds to withdraw or change the prosecution decision, the procuratorate proposes to postpone the trial and add this basis to the regulations in Article 297 of the Criminal Procedure Code In addition to amending and supplementing the provisions of the 2015 Criminal Procedure Code, the Procuracy should actively review to amend and supplement the Regulations in the Industry and the Joint Circulars to ensure compliance with the spirit of the amendment the provisions of the Criminal Procedure Code as above: reviewing, amending and supplementing Regulations 111, Regulation 505, Joint Circulars No 04/2018, Circular 01/2017, Circular 02/2017 22 4.2.2 Other solutions to improve the performance of prosecutors in criminal proceedings 4.2.2.1 Strengthening the management, direction and administration of the leaders of the Procuracy at all levels for the activities of the Procurator 4.2.2.2 Capacity building of Procurators of Procuracy at all levels Firstly, strengthen the training and fostering, launch the commendation and emulation campaigns and competitions of the Industry to improve the quality of the prosecutor team Second, to review to amend, supplement and complete the system of documents on staff building work Third, reform the recruitment of cadres Staff recruitment is an important first step to building a staff Fourth, ensure democracy in the activities of the prosecutor in order to increase the initiative and creativity of the prosecutor, avoid subjective thoughts, willpower, and impose the leadership's views on the prosecutor Fifth, For each Procurator himself, he also needs to be self-aware of the responsibilities entrusted to him by the State and the people Each Procurator himself, regardless of rank, must have a sense of constantly improving his professional skills by practice thinking and critical thinking skills Sixth, it is necessary to focus on inspection, review, strengthening of training, retraining and experience drawing, in order to promptly detect good and effective ways to disseminate and replicate; violations, limiting violations during the settlement of the case in order to learn from experience to prevent similar violations from happening; thereby improving awareness, practical experience and professional skills for officials and Procurators 23 Seventhly, there is a mechanism to encourage, motivate and reward cadres and procurators with outstanding achievements in the process of solving criminal cases, in order to encourage and create conditions for cadres and procurators to promote have the capacity and forte to work 4.2.2.3 Strengthening supervision by elected bodies and social organizations over activities of Procurators of People's Procuracy at all levels 4.2.2.4 Strengthening the relations of enforcement and coordination between the Procuracy and the investigating agency and the Court 4.2.2.5 Strengthening the guarantee of staffing, facilities and working equipment for the People's Procuracy at all levels CONCLUSION Regarding the theoretical content of the procurator's activities in criminal proceedings, the thesis has focused on analyzing and clarifying the title of procurator Because no work has yet introduced the concept: "activities of prosecutors in criminal proceedings", so the thesis analyzes the nature of activities of prosecutors in depth From the analysis and evaluation, the concept and operation characteristics of the procurator in criminal proceedings have been built; pointed out the basic forms of performance of the procurator in criminal proceedings, the role and purpose of the procurator's activities in the criminal procedure The issue of the content of the procurator's activities in each specific stage of proceedings from prosecution, investigation, prosecution and trial has 24 also been clarified in the thesis, clearly showing the purpose of the prosecution each specific activity At the same time, the thesis has also clarified the factors that ensure the operation of the procurator in criminal proceedings in our country today A number of criminal procedural laws of other countries on the activities of the Procurator have also been studied and analyzed in the thesis to draw conclusions and some contents that Vietnam can absorb and study The thesis researches and points out the current state of legal regulations on the activities of the Procurator in criminal proceedings over the period and the actual operation of the Prosecutor from 2011 to 2020 The thesis conducts research, analyzes and evaluates the practice of prosecutors in criminal proceedings in our country in the period from 2011 to 2020 thereby pointing out the shortcomings and limitations in the criminal procedure work; and at the same time find out the causes leading to those limitations, the lessons learned need to be drawn to continuously improve the quality of the procurator's activities in criminal proceedings On the basis of the limitations and problems of the current legal system and the causes of the limitations and obstacles that have been discovered, the thesis proposes effective solutions to contribute to the improvement of the legal system and enhance the quality of the procurator's activities in criminal proceedings LIST OF SCIENTIFIC ARTICLES DISCLOSED RELATED TO THIS THESIS Dang Van Thuc 2019 "A number of contents to pay attention to when supervising the application, replacement and cancellation of measures to prevent detention of the investigating agency", Procuracy Journal, No 24/2019, p.15-p 20 Dang Van Thuc 2021 "Improving regulations on the activities of the Procurator in the Criminal Procedure Code 2015", Procuracy Journal, Thematic issue 01/2021, p.34- p.37 Dang Van Thuc 2021 "Activities of the Procurator at the firstinstance trial of criminal cases", Journal of Law Profession, No 8/2021, p.74-p.78 Dang Van Thuc 2021 “Activities of Procurators when supervising the temporary suspension of criminal investigation”, Journal of Procuracy Science, No 6/2021, p.63- 68 ... prosecution stage, Prosecutor discovered the limitations and shortcomings in the previous stage, leading to the status of having to suspend the case during the prosecution stage Fourth, limitations... activities Detail: Firstly, prosecutor's activities are state power 8 Secondly, the activities of prosecutors in criminal proceedings play an important role and are carried out throughout all stages... the implementation of activities The Procurator’s actions in the current criminal procedure, thereby making assessments, pointing out the advantages as well as the limitations, obstacles and causes