Fundamental of law topic legal status of the people’s procuracy

Based on the 1959 Constitution, on July 15, 1960, at the First Session of the Second National Assembly, the People''''s Procuracy Organization Law consisting of 6 chapters and 25 articles,

NATIONAL ECONOMICS UNIVERSITY *** *** *** FUNDAMENTAL OF LAW TOPIC: LEGAL STATUS OF THE PEOPLE’S PROCURACY PRESENTATION Q&A CLASS: BFI 65B – GROUP 3 LECTURER: TRẦN THỊ HỒNG NHUNG GROUP: Nguyễn Thanh Bình-11231044 Dương Ngọc Thùy Linh-11231090 Nguyễn Thị Ngọc Phương-11231129 Nguyễn Khánh Duy-11231052 Lương Thu Trang-11231143 Trần Minh Khang-11231083 THE PEOPLES PROCURACY | GROUP 3 65B BFI 1 GENERAL OVERVIEW 1.1 Why is 1946 written as the founding year in slide 2, while the historical milestone is 1960? Based on the 1959 Constitution, on July 15, 1960, at the First Session of the Second National Assembly, the People's Procuracy Organization Law consisting of 6 chapters and 25 articles, which stipulates the functions, tasks, powers, and organizational structure of the People's Procuracy, was passed Please explain why you included this information and where the information came from Has it been verified? First, please let me correct a bit On the slide I mentioned the year 1946, The Public Prosecutor's Office, which was the predecessor of the procuracy, not the year the procuracy was established On the next slide, I recorded 1946 as the official year that the resolution to establish the procuracy was born (Order No 20-LCT announcing the Law on Organization of the People's Procuracy) Second, about the source https://vks.angiang.gov.vn/su-ra-doi-cua-vien-kiem-sat-nhan-dan-viet-nam/ (which is an official source) 1.2 The slide 1.2: detail about 1st time…? For the first time, the Procuracy was separated into an independent agency (both in terms of functions and tasks), and separate from the prosecution agency Previously, the predecessor of the procuracy was the prosecutor's office, which performed both the tasks of the court and the prosecutor's office 1.3 What institution is in charge of supervising The People's Procuracy judgment? Or does It supervise itself independently? Higher Level peoples procuracy and/or Peoples assembly Supervise the activities of the People's Procuracy: The main subject exercising supreme supervision is the National Assembly (The National Assembly here is understood as all National Assembly Delegates at National Assembly sessions) (stipulated in Article 10 of the Law on Organization of the People's Procuracy 2014 as follows: Supervise the activities of the People's Procuracy The National Assembly, agencies of the National Assembly, National Assembly deputies, National Assembly delegations, People's Councils, People's Council delegates, Vietnam Fatherland Front Committee and member organizations of the Front Supervise the activities of the People's Procuracy according to the provisions of law.) (https://quochoi.vn/tintuc/Pages/tin-hoat-dong-cua-quoc-hoi.aspx? ItemID=78248#:~:text=V%E1%BB%81%20ch%E1%BB%A7%20th%E1%BB %83%20th%E1%BB%B1c%20hi%E1%BB%87n,t%E1%BB%91i%20cao%20l %C3%A0%20Qu%E1%BB%91c%20h%E1%BB%99i.) 1 THE PEOPLES PROCURACY | GROUP 3 65B BFI https://thuvienphapluat.vn/phap-luat/vien-kiem-sat-nhan-dan-do-ai-lanh-dao-co-quan- nao-giam-sat-hoat-dong-cua-vien-kiem-sat-nhan-dan-734960-124314.html) 1.4 Who observes the implementation process of the Ministries, the National Assembly of The People's Procuracy? Because pp tend to have a misunderstanding in this section (Same content as question 3) → The National Assembly 1.5 Who has the power to nominate and dismiss the Deputy Chief Judge and judges at the Chief Judge's request? (this question is related to the topic: The people’s court, but I will consider the question asking about the appointment and removal of the powers (dismiss) of the chief/vice chief of the procuracy) The Chief Procurator of the Supreme People's Procuracy is elected, dismissed, and dismissed by the National Assembly at the request of the President (which I mentioned in the slide); Subject to the supervision of the National Assembly, is responsible and reporting work to the National Assembly (https://luatminhkhue.vn/vien-truong-vien-kiem-sat-nhan-dan-toi-cao-la-gi -quy- dinh-ve-vien-truong-vksnd-toi-cao.aspx ) 1.6 Liệu chính phủ nhà nước có quyền chi phối vksnd hay không? → No, The government only coordinates with the procuracy (https://baochinhphu.vn/12-noi-dung-phoi-hop-giua-chinh-phu-tandtc-va-vksndtc- 10232484.htm) The procuracy operates based on the principle of concentration and unification of leadership in the industry This principle originates from the principle of democratic centralism and aims to ensure the uniformity of legislation Local state agencies, on the one hand, belong to the Government or the managing Ministry, and on the other hand, belong to the local People's Council or People's Committee This principle is called the principle of bidirectional dependence The People's Procuracy in our country is not organized and operates according to the principle of two-way dependence mentioned above, but according to the principle of centralization and unification of leadership in the industry According to this principle, the People's Procuracy is led by the Procurator The Chief Procurator of the People's Procuracy at lower levels is under the leadership of the Chief Procurator of the People's Procuracy at the higher level The Chief Procurators of the People's Procuracy at localities and the Chief Procurators of the Military Procuracy at all levels are under the unified leadership of the Chief Procurator of the Supreme People's Procuracy (Article 109 of the 2013 Constitution and Article 8 of the Law on Organization of the Procuracy) People's Murder in 2002) The Director, Deputy Director, Procurator of the People's Procuracy 2 THE PEOPLES PROCURACY | GROUP 3 65B BFI of localities, Deputy Director of the Military Procuracy of military zones and regions, and Investigators of the People's Procuracy are all headed by the Procurator of the Procuracy Highly appointed, dismissed and dismissed by the People's Procuracy (Article 9 of the Law on Organization of the People's Procuracy 2002) Thus, all People's Procuracy from top to bottom form a unified system All activities of the People's Procuracy, no matter what level, are under the leadership of the Procurator The Chief Procurator of the People's Procuracy must be personally responsible for all activities of the Procuracy under his leadership before the Chief Procurator of the Supreme People's Procuracy The Chief Procurator of the Supreme People's Procuracy is personally responsible for the activities of the entire procuracy before the National Assembly, the National Assembly Standing Committee, and the President https://hpu.vn/ksv-can-biet/14-nhung-nguyen-tac-co-ban-trong-to-chuc-va-hoat-dong- cua-vien-kiem-sat-nhan-dan-9184.html 1.7 Khi nào VKSND phải bị theo dõi bởi cơ quan khác (supervised by other state agencies)? ex: the pp committee (you can refer to the answer to the questions 1.4, 1.5, 1.6) The Procuracy is always subject to parliamentary supervision (the national assembly) and coordinates with other state agencies 1.8 Tác động của VKSND đến bên khác / the relationship between the pp and the government (big question as the teacher has already explained in class) 2 FUNCTIONS 2.1 Compare the function of people's procuracies and people court People’s procuracy: prosecute, supervise, because the Court has some same functions - Vietnam Procuracy: The Vietnam Procuracy, also known as the Supreme People's Procuracy, serves as the prosecutorial authority in Vietnam Its main function is to act as the prosecutor before the People's Courts, representing the state in criminal cases It is responsible for initiating public prosecutions and ensuring the uniform implementation of the law The Procuracy supervises the rule of all organs of the state, ministries, governmental departments, local departments, and individuals It plays a role in protecting the Socialist legislation, the Socialist regime, and the interests of the state, the collective, and the citizens - Vietnam Court System: The court system in Vietnam comprises the people's courts and people's procuracies The highest court in Vietnam is the Supreme People's Court, which acts as the final appellate court in the country The court system is responsible for adjudicating civil, criminal, and administrative cases, ensuring justice is upheld and the law is applied fairly 3 THE PEOPLES PROCURACY | GROUP 3 65B BFI 2.2 Does the People's Procuracy have any role in participating in developing and implementing legal policies? If so, what is their method of participation? - Yes, the People's Procuracy plays a significant role in participating in the development and implementation of legal policies in Vietnam - Method of participation: ● Legal Expertise and Advice: The Peoples Procuracy offers guidance and counsel to bodies, ministries, and agencies responsible, for making laws They meticulously examine draft laws and legal documents identifying any inconsistencies or loopholes in the framework and provide recommendations for improvement ● Formal Opinions and Feedback: The Peoples Procuracy formally expresses its opinions and comments on proposed legislation to bodies and drafting committees These opinions delve into principles, and constitutionality as the potential impact of the proposed laws on the operations of the Peoples Procuracy ● Direct Participation in Drafting Teams: Representatives, from the Peoples Procuracy are actively involved in drafting teams contributing their expertise and perspectives towards developing laws and regulations This active participation ensures that the concerns and priorities of the People's Procuracy are taken into account in the text of the law ● Supervision of Legal Implementation: The People's Procuracy diligently monitors how legal policies are implemented throughout the country to ensure compliance with them and address any emerging issues They conduct inspections investigate complaints and take actions to ensure effective enforcement of laws ● Proactive Legal Research and Analysis: The People's Procuracy proactively conducts research and analysis to identify emerging challenges They propose solutions to address these challenges effectively 2.3 How/when to implement those functions? When to implement the functions: - Prosecution: Prosecution occurs when law enforcement agents believe there are enough grounds for a suspect to have committed an offence A prosecutor subsequently formally charges the accused, and the case takes an introductory stage before proceeding to a trial and passing a verdict - Supervision, on the other hand, maybe implemented at various points in the criminal justice process, including: ● Pre-trial supervision: Ensure that the defendant appears in court and also prevent him/her from committing more offences ● Post-trial supervision: For the purposes of promoting rehabilitation, reducing recidivism and ensuring successful societal integration ● Conditional release: A supportive reintegration program for assisting in adherence to release conditions, provision of post-release services, and monitoring reintegration progress ● Judicial supervision: To ensure adherence to court orders, avoid future violence and harm, and respect the rights of other people 4 THE PEOPLES PROCURACY | GROUP 3 65B BFI ● Administrative supervision: Carry out monitoring, examinations, grievances, and punishment How to implement the functions: - Prosecution Function: ● Investigation: Upon receiving a report or complaint alleging a criminal offence, the People's Procuracy conducts a preliminary investigation to gather evidence and assess the validity of the allegations ● Start of Prosecution: The People's Procuracy issues an indictment, formally accusing the accused of the crime, if the preliminary inquiry finds enough evidence to support a prosecution ● Pre-Trial Preparation: To ensure that all evidence is appropriately gathered and examined, the People's Procuracy collaborates closely with the investigative agency in the lead-up to the trial ● Trial Representation: The People's Procuracy makes arguments for the prosecution, presents evidence, and cross-examines witnesses during the trial ● Post-Trial Review: The People's Procuracy evaluates the court's ruling following the trial and has the option to file an appeal if it believes the conviction or punishment to be unfair - Supervision functions : ● General Supervision: To guarantee that the law is being followed, the People's Procuracy keeps a close eye on the operations of courts, government agencies, and other organizations ● Case-Based Supervision: The People's Procuracy launches focused investigations to confirm the claims after receiving complaints or spotting possible infractions ● Protests and Recommendations: In the event that infractions are discovered, the People's Procuracy files protests with the appropriate authorities, requesting that they take remedial action It might also suggest disciplinary actions or legal action in specific circumstances ● Monitoring Corrective Actions: To make sure that the found infractions are fixed, the People's Procuracy monitors the implementation of its suggestions and protests ● Annual Reports: Every year, The People's Procuracy compiles a report that highlights the most important conclusions from its supervision efforts Both the public and higher authorities receive these reports - The People's Procuracy's implementation of its functions is guided by a set of principles, including: ● Legality: All actions must be based on the law and adhere to legal procedures ● Objectivity: Decisions must be impartial and free from bias or influence ● Effectiveness: Actions must be effective in achieving the intended purpose of upholding the law and protecting citizens' rights ● Accountability: The People's Procuracy is accountable for its actions to higher authorities and the public 5 THE PEOPLES PROCURACY | GROUP 3 65B BFI → As for the timing, the People's Procuracy carries out its functions at different stages of the legal process It begins its work during the investigation phase and continues until the final judgment is executed The specific implementation of the People's Procuracy's functions may vary depending on the legal system and jurisdiction 2.4 The main differences between the two main functions? - Objectives: Prosecution: The role of criminal law is to punish criminals and seek recompense in order to establish order and prevent future criminal offences Supervision: This includes but is not limited to promoting the observance of laws, regulations, and conditions for compliance; curtailing unlawful behaviour in order to prevent further offences; and, most importantly, protecting the general public from harm - Roles in the Criminal Justice System: Prosecution: Prosecuting cases for the State in court Supervision: Checks on people or organizations to ensure they abide by the law - Relationship between Prosecution and Supervision: Prosecution: Supervision information could be used in prosecution Supervision: The results of prosecution can significantly affect supervision practices For example: probation or community work 2.5 Mention deeper in the exercise of prosecution? How they link to each other and link to the supervise The exercise of prosecution is an activity of the People’s procuracy in criminal procedure to make the State’s accusation against offenders The 11 points that we have shown in the presentation are actually the deeper parts which illustrate how the People’s procuracy carries out the exercise of prosecution: 1 To request the institution of criminal cases; to cancel illegal decisions on the institution or non-institution of criminal cases; to approve or not to approve decisions on initiation of criminal proceedings against the accused issued by investigating agencies or agencies assigned to conduct some investigating activities; to directly institute criminal cases and initiate criminal proceedings against the accused in the cases prescribed by the Criminal Procedure Code; 2 To decide on, or approve, the application, change or cancellation of measures restricting human rights or citizens’ rights in the settlement of reports and information on crimes and recommendations for prosecution and in the laying of charges, investigation and prosecution in accordance with the Criminal Procedure Code 3 To cancel other illegal procedural decisions in the settlement of reports and information on crimes and recommendations for prosecution and in the laying of charges and investigation by investigating agencies or agencies assigned to conduct some investigating activities 4 When necessary, set investigation requirements and require investigating agencies or agencies assigned to conduct some investigating activities to fulfil such requirements 5 To request concerned agencies, organizations and individuals to provide documents to clarify offences and offenders 6 To directly settle reports and information on crimes and recommendations for prosecution; to conduct some investigating activities to clarify grounds for laying charges on offenders 6 THE PEOPLES PROCURACY | GROUP 3 65B BFI 7 To investigate crimes of infringing upon judicial activities and corruption and position- related crimes in judicial activities in accordance with law 8 To decide on the application of summary procedure in investigation and prosecution 9 To decide on the prosecution and accusation against the accused at court hearings 10 To protest against court judgments or decisions in cases of injustice, wrongful conviction or omission of offences or offenders 11 To perform other duties and exercise other powers in making accusations against offenders in accordance with the Criminal Procedure Code How the exercise of prosecution link to each other: - These powers work together to give prosecutors a great deal of discretion in how they handle law cases which also act as a reminder for prosecutors to exercise their discretion responsibly and in a way that is fair to both the accused and the public How prosecution and supervision link to each other: - Prosecution and supervision are two interconnected aspects of the criminal justice system, each serving distinct functions, yet working together to uphold the law and protect public safety The prosecution brings charges against offenders, seeking justice and appropriate punishment, while supervision monitors individuals to deter future offences and promote rehabilitation Effective coordination between these agencies is crucial for maximizing their effectiveness and ensuring fairness and respect for individual rights - The relationship between prosecution and supervision is evident in several aspects of the criminal justice system For instance, prosecutors often rely on information gathered during supervision activities to inform their decisions regarding charging or pursuing criminal proceedings Conversely, supervision practices may be influenced by the outcomes of prosecution, such as the imposition of probation or community service requirements 2.6 Duties: explain why contributing to ensuring the state and law (slide 2.2) The People's Procuracy plays a crucial role in ensuring the strict and unified observance of the law in Vietnam by exercising its prosecutorial and supervisory powers Here's a detailed explanation of how the People's Procuracy contributes to this objective : - Prosecution of Offences: The People's Procuracy is responsible for investigating and prosecuting individuals and entities that violate the law By bringing such cases to the courts, the People's Procuracy holds offenders accountable for their actions and serves as a deterrent to potential lawbreakers - Supervision of Judicial Activities: The People's Procuracy supervises the activities of the People's Courts to ensure that they adhere to the law and uphold the rights of defendants and victims This supervision helps prevent judicial overreach and ensures that the legal system operates fairly and impartially - Protection of Citizens' Rights: The People's Procuracy protects the rights and interests of citizens by intervening in cases where these rights have been violated This includes instances of administrative misconduct, violations of labour laws, and environmental infringements - Promoting Legal Awareness: The People's Procuracy actively promotes legal awareness among the public through various educational campaigns and initiatives 7 THE PEOPLES PROCURACY | GROUP 3 65B BFI This helps citizens understand their rights and responsibilities under the law, fostering a culture of respect for the law - Enhancing Legal Stability: The People's Procuracy's consistent enforcement of the law contributes to a stable and predictable legal environment This, in turn, promotes economic growth and social development → In summary, the People's Procuracy's prosecutorial and supervisory powers, coupled with its commitment to protecting citizens' rights and promoting legal awareness, make it a vital institution in ensuring the strict and unified observance of the law in Vietnam 3 STRUCTURE 3.1 More details about the FUNCTION of 4 levels → We have compiled and displayed the functions of every level, while some functions may be repeated there’s not much we can do about it and to make sure the watchers understand we decided to add it in anyway even if it was said prior 3.1.1 Supreme level: - Prosecuting and Supervising Judicial Activities - Ensuring that the law is strictly and uniformly observed - Assuming the prime responsibility and coordinating with the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense and the Ministry of - Justice in reporting to the National Assembly on the settlement of complaints and denunciations in judicial activities - Report of the Director of the Supreme People's Procuracy to the National Assembly Standing Committee on the opinions of the Director who disagrees with the resolution - of the Council of Judges of the Supreme People's Court; recommendations of the Supreme People's Procuracy on crime prevention and fighting to the Prime Minister; - Selection of persons currently working at the Supreme People's Procuracy who are eligible to compete for the ranks of senior procurators, intermediate procurators and - primary procurators; Requesting the Procuratorial Selection Council of the Supreme People's Procuracy to select and consider the dismissal or dismissal of Procurators of the Supreme People's Procuracy Considering and requesting the Director of the Supreme People's Procuracy to reappoint, dismiss or dismiss senior procurators, intermediate procurators and junior procurators working at the Supreme People's Procuracy At the request of the Director of the Supreme People's Procuracy, the Procuracy Committee shall discuss and comment on complex criminal cases, administrative cases, civil cases, marriage and family, business, trade and labour for the Director to consider and decide 3.1.2 High level: - Prosecuting and supervising judicial activities for cases and cases under the jurisdiction of the High People's Court 8 THE PEOPLES PROCURACY | GROUP 3 65B BFI - Directing, guiding and inspecting the exercise of prosecutorial power, examination and trial of criminal cases, supervising the settlement of administrative cases, civil cases, marriage and family, business, commerce, labour and other matters as prescribed by the law of the provincial-level People's Procuracy, District-level People's Procuracies shall comply with the professional regulations of the People's Procuracy - Perform other duties and exercise other powers as prescribed by law and under the direction of the Director of the Senior People's Procuracy - Discussing and deciding the following important issues: ● The implementation of programs, work plans, directives, circulars and decisions of the Supreme People's Procuracy; ● A report summarizing the work of the high-level people's procuracy; ● To recruit persons working at high-level people's procuracies who are eligible to compete for the ranks of senior procurators, intermediate procurators and primary procurators; ● To consider and request the Director of the Supreme People's Procuracy to reappoint, dismiss or dismiss senior procurators, intermediate procurators and junior procurators working at the high-level people's procuracy - The Procuracy Committee discusses and gives opinions on complex criminal cases, administrative cases, civil cases, marriage and family, business, trade and labour for the Director to consider and decide 3.1.3 Provincial level: - Command, control, inspect, and keep track of the completion of the mission, and - working plans of the Province-level People’s Procuracy - Taking responsibility and reporting to the Head of the High-level People’s Procuracy Report the use of the right to prosecute and supervision of the proceedings of trials by - the District-level and Province-level People’s Procuracy to the Head of the High-level - People’s Procuracy Command, instruct, inspect, and govern the operation of the District-level People Procuracies under their jurisdiction Completing other missions and rights under the permission of the law 3.1.4 District level: - Command, control and inspect the proceedings of the progress of the mission, working plans, making decisions on the working of their level People’s Procuracy and - follow the mission along with other rules and limitations of the law - Taking responsibility and reporting to the Head of the Province-level People’s - Procuracy Report the progress of the usage of the right to prosecute and inspection of prosecution to the Head of High-level People’s Procuracy when asked to Report to the People’s Assembly, answering inquiries, demands, and requests of the delegate of the People’s Assembly according to the law 9 THE PEOPLES PROCURACY | GROUP 3 65B BFI 4 COMPARISON 4.1 What is the point of comparing? What message do you want us to learn by stating their differences? The Vietnam Supreme People's Procuracy and the Korea Prosecutor General's Office both play significant roles in the legal systems of their respective countries It is important to note that each country has its own unique legal framework, cultural context, and political system that may influence the structure and functions of their respective prosecutor offices We compare with Korea due to the popularity of the Korean Prosecution system, and we want to point out another system that is completely different from Vietnam to see how important is the role of Vietnam procuracy Besides, the Prosecutor's Office in Korea is very popular, so its source is easy to find That’s why we chose Korea to compare with Vietnam 4.2 The reasons why choosing procuracy in Korea and Vietnam when there are many countries also different? Our team only chose Korea to compare because of the limited time we had to make an outline and a presentation in class 4.3 What are the legal documents? In outline and presentation 5 SOURCE 10