General lawtopic the legal status of the people’s procuracy

NATIONAL ECONOMICS UNIVERSITY -*** - LEGAL EXERCISES OF GENERAL LAW TOPIC: The legal status of the People’s Procuracy Student's name: Vũ Minh Khuê - 11223140 Chu Vũ Khánh Ngọc - 11224644 Hà Huy Đức - 11221358 Nguyễn Hoàng Doanh - 11221332 Nguyễn Linh Chi - 11221002 Credit class: EMQI 64 Lecturer: Trần Thị Hồng Nhung HÀ NỘI, 2023 - TABLE OF CONTENTS OVERVIEW 1.1 History of Formation and Development 1.2 Legal basis 1.3 Basic principles in the organization and operation of the People's Procuracy 1.4 Leader POSITION FUNCTION 3.1 General tasks of the People's Procuracy 3.2 Function of exercising the prosecution power of the People's Procuracy: 3.3 Appeals and petitions of the People's Procuracy STRUCTURE 10 Article 42 The organizational structure of the Supreme People’s Procuracy 10 This is a preview Do you want full access? 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Log in Article 44 The organizational structure of a superior people’s procuracy 12 Article 46 The organizational structure of provincial-level people’s procuracy 12 Article 48: a district-level people’s procuracy 12 RELATIONSHIP BETWEEN THE PEOPLE’S PROCURARY AND OTHER PARTS IN THE STATE APPARATUS 13 REFERENCES .14 OVERVIEW 1.1 History of Formation and Development - On July 15, 1960, at the first session, the National Assembly of the Democratic Republic of Vietnam (Term II) approved the Law on Organization of the People's Procuracy consisting of chapters, 25 articles, regulations on functions, tasks, powers and organizational structure of the People's Procuracy - On July 26, 1960, President Ho Chi Minh signed and announced this law, which marked the birth of the People's Procuracy in our state apparatus - Development process: + The Procuracy served in the construction of socialism in the North and the struggle to liberate the South and reunify the country (1960 - 1975) This is the opening step for the process of forming the organizational system of the People's Procuracy at all levels in the North The People's Procuracy has both consolidated and built up forces and administrative apparatus while performing functions and tasks in the fight against crime and law violations, in combination with orienting the supervision work in association with law enforcement, serving political duties, building a Socialist North, fighting for the liberation of the South, and reunification of the country Resolution No 68-NQ/TW emphasized: “The organization of our People's Procuracy is one of the tools of the dictatorship of the People's Democratic State, which is performing the historic task of the dictatorship of the proletariat, organized amid the socialist revolution in the region The North began to focus on building socialism, and at the same time completed the socialist reform…” + Expanding and consolidating the organization and operation of the People's Procuracy on a national scale for the cause of national construction and defense (1976-1986) Along with consolidating the system of revolutionary government agencies in the southern provinces after reunification, the People's Procuracy system was also established in the southern provinces and cities Right from the end of 1975, the Supreme People's Procuracy carried out preparations for the organization and operation of the People's Procuracy of the southern provinces and cities On April 23, 1976, the Minister of Justice of the Provisional Revolutionary Government of the Republic of South Vietnam signed Decree No 09-BTP/ND on behalf of the Government on the establishment of the People's Procuracy in 21 provinces , Southern city and put into operation together with the People's Procuracy of provinces and cities nationwide + Continue to innovate, consolidating functions and tasks, perfecting institutions, contributing to building a socialist rule of law state and a clean and strong judiciary 1.2 Legal basis The People's Procuracy is governed by several laws and regulations, including the 2013 Constitution of the Socialist Republic of Vietnam, and the 2014 Law on the People's Procuracy These laws and regulations establish the roles and responsibilities of the People's Procuracy, as well as the rights and obligations of its officials and employees All legal documents are taken from the Legal normative documents provided by the Vietnamese government (https://vbpl.vn/TW/Pages/vbpqen.aspx) 1.3 Basic principles in the organization and operation of the People's Procuracy - The principle of centralization and unity of leadership in the industry: This principle intends to ensure the consistency of legislation In Article 109 of the 2013 Constitution and Article of the 2002 Law on Organization of the People's Procuracy, the People's Procuracy is led by the Chief Procurator The Chief Procurator of the People's Procuracy at a lower level is under the leadership of the Chief Procurator of the Higher People's Procuracy In Article of the Law on Organization of the People's Procuracy 2002 All legal positions in the Procuracy are appointed, relieved of duty, and dismissed by the Chief Procurator of the Supreme People's Procuracy - The principle of non-dependence on any local state agency This is a preview Do you want full access? 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Log in This principle aims to create conditions for the people's procuracies to perform well their duties of ensuring that the law is strictly and uniformly enforced According to the 2013 Constitution, the Law on Organization of the People's Procuracy in 2002, all activities of the People's Procuracy are placed under the supervision of the National Assembly, the National Assembly Standing Committee, and the State President Article 108 of the Constitution legislation in 2013; Article of the 2002 Law on Organization of the People's Procuracy The Chief Procurator of the Supreme People's Procuracy is responsible for and reports on his work to the National Assembly, while the National Assembly is not in session, is responsible and reports to the Standing Committee of the National Assembly and the President 1.4 Leader The Chief Procurator of the Supreme People's Procuracy is the highest leader of the Supreme People's Procuracy This position is elected by the National Assembly of Vietnam at the request of the President Mr Le Minh Tri continues to hold the position of Director of the Supreme People's Procuracy POSITION The People's Procuracy is an agency with the function of exercising the right to prosecute and supervise judicial activities of the Socialist Republic of Vietnam under the provisions of the Constitution of the Socialist Republic of Vietnam in 2013 The following section will describe more clearly the functions and duties of the People's Procuracy FUNCTION The People's Procuracy is the agency responsible for exercising the power of prosecution and supervision over the judicial activities in the Socialist Republic of Vietnam The People's Procuracy has the task of protecting the Constitution and the law, protecting human and citizen rights, protecting the socialist regime, safeguarding the interests of the State, legitimate rights and interests of organizations and individuals, contributing to ensuring the strict and uniform implementation of the law At the same time, it provides legal advice and guidance to individuals and state agencies Mission and functions of the People's Procuracy under the "Law on Organization of the People's Procuracy" (2014) 3.1 General tasks of the People's Procuracy The People's Procuracy of the Socialist Republic of Vietnam, within its mandate, has the following tasks: - Protecting legitimate rights and interests: Protect the law, human rights, citizenship rights, the socialist regime, the interests of the State, and the legitimate rights and interests of organizations and individuals => contributing to ensuring strict and uniform compliance with the law - Protecting the socialist legal system, the regime of the people's democracy, the right to mastery of the people, the property of the State and collectives, protecting the life, property, freedom, dignity, and honor of citizens; protecting the law, protecting the socialist regime, protecting the interests of the State, and protecting the legitimate rights and interests of organizations and individuals => (This is one of the important tasks to demonstrate the proper existence of the People's Procuracy in the state system) - Monitoring the law: protect the law, prosecute and supervise the enforcement of the law, regulations, and policies of state agencies, officials, and individuals => contributing to ensuring strict and uniform compliance with the law This includes investigating and prosecuting crimes, conducting inspections, and supervising the activities of state agencies and organizations to ensure their activities take place within the framework of the law Ensuring that all crimes and violations of the law are detected and handled promptly, not letting criminals and offenders escape punishment, not wronging innocent people, and ensuring that cases are resolved by the law and strictly - Advising and guiding on the law: the People's Procuracy provides advice and guidance on the law to state agencies, officials, and individuals => ensuring that their actions comply with the law Organizing and implementing the content of the Constitution and developing specific plans to implement the enforcement of the Constitution in the People's Procuracy sector, specifying the provisions of the Constitution to be included in important legislative projects that the Supreme People's Procuracy is leading in drafting and compiling - Representing public interests: The People's Procuracy of Vietnam represents the public interest by protecting the rights, This is a preview Do you want full access? 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Log in benefits, and welfare of the people, protecting the interests of the State and society, promoting justice, and combating corruption and other crimes 3.2 Function of exercising the prosecution power of the People's Procuracy: Exercising the prosecution power is a major and important activity of the People's Procuracy to prosecute those who have committed crimes, in order to protect the interests of the State and society This activity is carried out from the time of accusation, report of crime, proposal for prosecution, and throughout the process of investigation, prosecution, and trial of criminal cases These activities aim to ensure the rights and obligations of the parties involved in the proceedings, ensure the fairness and transparency of the resolution of criminal cases, and enhance compliance with the law in society - Purpose: a In the resolution of criminal cases, the detection, prosecution, investigation, prosecution, and trial of criminal offenses must be carried out within the correct time frame, strictly, by the right person, for the right crime, and in accordance with the law These activities must ensure that no one is wrongfully accused, and no criminal offense is overlooked This helps to protect the rights of the victims, prevent criminal acts, enhance compliance with the law, and build a just society b Persons who are prosecuted, arrested, detained, or restricted in their human rights and citizenship must have their rights protected and not be unlawfully infringed upon This ensures the freedom and legal protection of citizens, prevents wrongful acts during the process of resolving criminal cases - Duties and powers of the People's Procuracy: a Requesting agencies, organizations, and individuals to carry out judicial activities in accordance with the provisions of the law; self-inspecting the conduct of judicial activities within their jurisdiction and reporting the results to the People's Procuracy; providing records and documents for the People's Procuracy to inspect the legality of acts and decisions in judicial activities b Directly inspecting; verifying and collecting documents to clarify violations of the law by agencies, organizations, and individuals in judicial activities c Processing violations, requests, and recommendations from authorized agencies, organizations, and individuals to rectify and strictly handle legal violations in judicial activities At the same time, the People's Procuracy may propose relevant agencies and organizations to apply measures to prevent legal violations and crimes d Appealing against judgments and decisions of courts that violate the law, proposing actions and decisions of courts that violate the law, appealing against actions and decisions that violate the law of other authorities and persons with jurisdiction in judicial activities e Supervising the resolution of complaints and denunciations in judicial activities and resolving complaints and denunciations within their jurisdiction f Performing other tasks and powers in supervising judicial activities as prescribed by law 3.2 Appeals and petitions of the People's Procuracy - The People's Procuracy has the right to appeal when the acts, verdicts, and decisions of individuals and agencies with jurisdiction 10 in judicial activities seriously violate the law, infringe on human rights, citizens' rights, state interests, legitimate rights and interests of organizations and individuals The People's Procuracy will appeal and request the competent authorities to resolve this appeal in accordance with the law This shows that the People's Procuracy has the responsibility and authority to protect the rights and interests of citizens, the state, and other legitimate organizations and individuals in judicial activities - In case the acts, decisions of individuals or agencies in judicial activities violate the law less seriously and are not sufficient to consider an appeal under the provisions of paragraph of this Article, the People's Procuracy still has the responsibility to request the agency, organization or individual to remedy the violation of the law and strictly handle the violators If there are any weaknesses or shortcomings in the management activities, the People's Procuracy will propose to the relevant agencies, organizations to remedy and apply measures to prevent violations of the law and crimes The relevant agencies, organizations, and individuals have the responsibility to consider, resolve, and respond to the People's Procuracy's petition in accordance with the law In general, this paragraph emphasizes the responsibility of the People's Procuracy and the relevant agencies, organizations, and individuals in ensuring compliance with the law in judicial activities 11 This is a preview Do you want full access? 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Log in STRUCTURE According to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on Organization of the People's Procuracy Law No 63/2014/QH13 was promulgated on 24/11/2014 Organizational structure of the Procuracy Currently, the People's Procuracy is organized vertically and is under the management of the Director of the Supreme People's Procuracy, including: - Supreme People's Procuracy - Senior People's Procuracy - Provincial People's Procuracy - District People's Procuracy Article 42 The organizational structure of the Supreme People’s Procuracy Structure of Supreme People’s Procuracy a/ The Supervisory Committee; Supreme People’s Procuracy includes: - Chief Procurator - Deputy Chief Procurators - Procurators The Procuracy Committee has the task of meeting and deciding: the operation plan of the procuracy branch to submit the law project to the National Assembly; Selection of Senior and Intermediate Procuracys; b/ The Office; 12 The office is an organization of the Supreme People's Procuracy; is the consulting, directing, and administering unit of the leader of the Supreme People's Procuracy The task of the office is to formulate and implement annual directives, plans, programs, and key work tasks; preliminary and summary of the work of the industry c/ Investigating Agency IA has tasks: - Investigating crimes of infringement on judicial activities - Receiving, collecting, and resolving whistleblowers, reporting of crimes by the provisions of law,, - Carry out crime prevention work in the field of justice - Forecasting the crime situation in judicial activities d/ Equivalent Departments A total of 19 equivalent departments such as the Department of Crime Statistics and Information Technology; Department of Accounting and Finance; e/ Training institutions, press agencies, and other public nonbusiness units; - Hanoi Procuracy University - Professional training and fostering school in Ho Chi Minh City - Procurator Magazine - Law Protection Newspaper f/ The Central Military Procuracy The Central Military Procuracy belongs to the structure of the Supreme People's Procuracy 13 The apparatus organization of the Central Military Procuracy includes: -The Supervisory Committee -The Office -Investigating Agency -Equivalent Departments Human Resources The Supreme People’s Procuracy has the Procurator General, Deputy Procurators General, procurators, examiners; head and deputy heads of the investigating agency, investigators; other civil servants, public employees, and other employees Article 44 The organizational structure of a superior people’s procuracy Structure a/ The supervisory committee; b/ The office; c/ Institutions and equivalent units Human resources Chief procurator, deputy chief procurators, procurators, examiners, civil servants, and other employees Article 46 The organizational structure of provinciallevel people’s procuracy Structure a/ The supervisory committee; b/ The office; c/ Divisions and equivalent units 14 This is a preview Do you want full access? 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Log in Human resources Chief procurator, deputy chief procurators, procurators, examiners, other civil servants, and other employees Article 48: a district-level people’s procuracy Structure The organizational structure of a district-level people’s procuracy consists of an office and divisions District-level people’s procuracies which have no conditions for the establishment of divisions may have working sections and assisting apparatuses Human Resource A district-level people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners, and other civil servants and other employees 15 RELATIONSHIP BETWEEN THE PEOPLE’S PROCURARY AND OTHER PARTS IN THE STATE APPARATUS 16 REFERENES Giáo trình pháp luật đại cương - Nhà xuất Chính trị quốc gia The 20th century legal philosophy series Cổng thông tin điện tử Viện Kiểm Sát Nhân Dân Tối Cao: vksndtc.gov.vn https://m.thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Luat-Tochuc-Vien-kiem-sat-nhan-dan-2014-259723.aspx https://vienkiemsathanam.gov.vn/vi/news/KIEM-SAT-VIEN-VIET9/Tim-hieu-qua-trinh-hinh-thanh-va-phat-trien-60-nam-cua-nganhKSND-1253.html? fbclid=IwAR2h49PTGKM3ac6kmRjkZFJoGi1bMo7A7tBHcnoYt1p5dgXx zWczbWfU758 https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hienphap-nam-2013-215627.aspx 17