Thực hành quyền công tố trong điều tra các tội giết người theo pháp luật tố tụng hình sự việt nam tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES L NGUYEN QUOC HAN EXERCISING THE RIGHT TO PUBLIC PROSECUTION IN INVESTIGATING MURDER UNDER THE VIETNAMESE CRIMINAL PROCEDURE LAW Major: Criminal Law and Criminal Proceedings Major code: 9.38.01.04 SUMMARY OF THE DOCTORAL DISSERTATION IN LAW Hanoi - 2019 The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr Nguyen Van Huyen Reviewer 1: Prof Dr Bui Minh Thanh Reviewer 2: Assoc Prof Dr Tran Van Do Reviewer 3: Assoc Prof Dr Đo Thị Phương The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library; - Graduate Academy of Social Sciences Library INTRODUCTION The necessity of the research topic Exercising the right to public prosecution is one of the two important functions of the People’s Procuracy stipulated by Article 107 of the 2013 Consitituion and Article of the 2014 Law on organization of the People’s Procuracy Implementing the renovation policy of the 9th, 10th, 11th, and 12th National Party Congress of the Communist Party of Vietnam (CPV) and implementing the objectives of judicial reform set out in Resolution No 49-NQ/TW dated 02 June 2005, considering organizational reform and trial activities as the concentrated mission In which, the objectives of reforming the Procuracy sector, that is “In the short term, the People’s Procuracy will retain its current function of exercising the right to public prosecution and supervising judicial activities The People's Procuracy is organized in accordance with the court’s organizational system, strengthening public prosecutor’s responsibility in investigating” In recent years, there have been increasing the number of murders with serious nature and sophisticated tricks Before such development, the People’s Procuracy sector has made great efforts to improve its responsibility in exercising the right to public prosecution for criminal cases in general, murder cases in particular, ensuring handling right person, right crime and right law However, because there are still a number of officials, procurators who are limited in their knowledge and awareness on exercising the right to public prosecution in investigating murder, especially awareness on their positions, roles and responsibilities in exercising the right to public prosecution in investigating murder, this leads to low efficiency and revealing many limitations and weaknesses From different legal awareness, there is no uniform on how to understand and apply the law in the process of solving cases, leading to the application of criminal laws of the procedural bodies at each time and place is different in finding out what is the boundary between “murder” and crime of “killing someone else in an intense agitated state”, “killing someone else due to exceed the limits of legitimate self-defense or exceed the necessity when arresting offenders” So as to apply the law correctly From this fact, it is necessary to examine and clarify the theoretical and practical issues on exercising the right to public prosecution in investigating murder For such reason, the author has been conducting research work titled “Exercising the right to public prosecution in investigating murder under the Vietnamese criminal procedure law” as his doctoral dissertation in law Research purpose and tasks 2.1 Research purpose The study aims to clarify the theoretical and practical issues on exercising the right to public prosecution in investigating murder under the Vietnamese criminal procedure law Proposing solutions to improve the efficiency of this work in the coming time 2.2 Research tasks Reviewing literature at home and abroad related to the dissertation, determing the content that needs to be further examined Clarifying theoretical issues and contents of exercising the right to public prosecution in investigating murder, as well as the formation and development of regulations on exercising the right to public prosecution in investigating murder Building up basic argumetns about murder and exercising the right to public prosecution in investigating murder under the provisions of the existing criminal procedure Code Surveying actual state of the People’s Procuracy in exercising the right to public prosecution in investigating murder over the years Finding out causes of advantages and disadvantages so as to propose solutions Research subject and scope 3.1 Research subject - Firstly, scientific research projects, monographs, articles of scientists and scholars at home and abroad - Secondly, the Party and State’s viewpoints on the functions of exercising the right to public prosecution of the People's Procuracy and the fighting against murders; Vietnam’s legal system in the field of exercising the right to public prosecution of the People's Procuracy towards murder; the contents and modes of exercising the right to public prosecution Providing provisions of the Vietnamese law on related concepts - Thirdly, analyzing the situation of murder and organization of the People's Procuracy in implementing the function of exercising the right to public prosecution for murder and evaluating its results - Fourthly, proposing measures 3.2 Research scope - Regarding contents: exercising the right to public prosecution in investigating murder by the People’s Procuracy - Spatially and research time: exercising the right to public prosecution in investigating murder by Department of exercising the right to public prosecution and supervision of the investigation of the social order (Department 2); the Supreme People’s Procuracy of Vietnam, the Office of exercising the right to public prosecution and supervision of the investigation and first instance trial of the social order cases (Office or 2); the People’s Procuracies at the provincial and district levels across the country within 10 years (2009-2018) - For the procedural stage: beginning from prosecuting criminal cases until the end of the investigation when the Investigation Agency has passed documents through the Procuracy to prosecute the accused or suspending the investigation Methodology and research methods 4.1 Methodology The dissertation utilizes methodology of historical and dialectical materialism of Marxism-Leninism, Ho Chi Minh’s thought and the Party and State’s viewpoints in the fighting against crime in general and murder in particular 4.2 Research methods The dissertation utilizes methods of collecting and researching data; methods of analysis, synthesis, statistics, comparison, forecast and surveys to analyze, review cases of murder in practice The study also uses methods of typical research and expert’s opinion New contributions of the dissertation - Supplementing and perfecting theoretical issues on exercising the right to public prosecution in investigating murder; providing concepts, contents and basic methods of exercising the right to public prosecution in investigating murder; analyzing and clarifying typical signs of murder - Analyzing the actual state of the provisions of the law on exercising the right to public prosecution in investigating murder Surveying, statistics, assessing situation and examining some activities of exercising the right to public prosecution in investigating murder in the period 2009-2018 Thenceforth, the study seeks to analyze and withdraw the achieved results, and clarifying limitations, weaknesses and its causes so as to propose solutions to improve the efficiency of exercising the right to public prosecution in investigating murder Theoretical and practical significance of the dissertation 6.1 Theoretically The dissertation contributes to supplementing and perfecting the theory of criminal procedure science and legal science; unifying awareness of exercising the right to public prosecution in investigating murder; to clearly define mission between exercising the right to public prosecution and supervision activities in murder cases, contributing to improving the efficiency of investigation agencies and Procuracy in the fighting against murder 6.2 Practically The dissertation can be used as reference for intensive training and retraining of inspection; and for investigation agencies and Procuracy in issuing regulations on interdisciplinary cooperation in the fighting against crimes in general It also provides basic knowledge of exercising the right to public prosecution in investigating murder for the Procuracies; as reference for competent agencies when amending and supplementing Criminal Code and Criminal Procedure Code of Vietnam; as reference for Procuracies, authorities and students in investigating murder Structure of the dissertation Besides the introduction and conclusion and references the dissertation includes chapters: Chapter 1: Literature review Chapter 2: Theoretical issues and law on exercising the right to public prosecution in investigating murder under the Vietnamese criminal procedure law Chapter 3: Actual state of exercising the right to public prosecution in investigating murder under the Vietnamese criminal procedure law Chapter 4: Requirements and solutions to improve the quality of exercising the right to public prosecution in investigating murder Chapter LITERATURE REVIEW In the world, the impact of the prosecutor to exercising the right to public prosecution in investigating criminal cases in each country is different in terms of functions and tasks but all prosecutors are in charged of prosecution functions and exercising the right to public prosecution in the period of investigating criminal crimes in general and murder in particular Chapter consists of sections which divided into sub-sections aim to examine, analyze and clarify research situation related to functions of exercising the right to public prosecution of the People’s Procuracy, exercising the right to public prosecution in investigating murder at home and aboard 1.1 Foreign research works 1.1.1 Intensive research works on the functions and duties of the procuracy Monographs: “The Unity and Diversity of the Public Prosecution Service in Europe” by Tony Paul Marguery (2008); “Comparative Analysis of Prosecution Systems” by Dr Despina Kyprianou (2008) Research reports and papers: Research report on the organization and operation of the Japanese Judicial system (2010); Research report on the organizational structure and functions of the judicial system in five countries: China, Indonesia, Japan, Korea and Russia by William E Buttler “The Function of Public Prosecution from a European Comparative Perspective - How International Research Can Contribute to the Development of Criminal Justice” by Jorg-Martin Jehle (2005) 1.1.2 Research works on murder and investigating murder - Monograph: “The Need to Kill: Inside the World of the Serial Killer”, “Serial Murder: An Elusive Phenomenon” by Steven Egger (2003) - Books, reports, in-depth studies on murder and investigating this crime: “Improving the Investigation of Violent Crime: The Homicide Investigation and Tracking System” by Robert D Keppel & Joseph G Weis, National Criminal Justice Reference Service, Public Domain, 1992; “Murder and vengeance among the gods” by John Lindow, Soumalainen Tiedeakatemia, Acadenia Scientiarum Fennica, 1997; “Unrestrained killings and the law” by Stanley Yeo, Oxford University Prees, USA,1998; “Criminal investigation” by Bruce L.Berg and John J.Horgan, McGraw – Hill Humanities/Scocial, 1998 1.2 Domestic research works Exercising the right to public prosecution in investigating murder is an intensive topic about a group of crime The author introduces some research works related to the dissertation as follows: 1.2.1 Research works on procedural models of countries around the world Some studies on specific issues directly related to the dissertation such as: “Examining criminal procedure law of the Federal Republic of Germany” by Nguyen Thi Thu Quy, Scientific & Procuratorial Information; “Examining criminal procedure law of Japan” by MA Lai Thi Thu Ha, Scientific & Procuratorial Information; “Criminal proceedings model of some countries in the world” by Dr Nguyen Duc Minh, Scientific & Procuratorial Information + In some countries: Russian Federation, China, the criminal procedure model of England and Wales 1.2.2 Research works on the right to public prosecution, exercising the right to public prosecution in investigating criminal cases in general and murder in particular Doctoral dissertations: “The right to public prosecution in Vietnam” by Dr Le Thi Tuyet Hoa (2002); “Murder in the Vietnamese criminal law today” by Dr Do Duc Hong Ha (2008); “The powers of procurators under the criminal procedure law of Vietnam and Russia” by Mai Dac Bien; “Supervising the observance of the law in investigating murder cases” by Dr Le Duc Xuan (2016) 1.2.3 Research works on the position and role of the People’s Procuracy - Monographs: “Speeches and articles of Party and State leaders on People's Procuracy”, Supreme People’s Procuracy (ed 2015); “Restrictions of the State power” by Prof Dr Nguyen Dang Dung (2005); “Modern crime and crime prevention” by Prof Dr Nguyen Xuan Yem, Public Security Publishing House; “Exercising the right to public prosecution and supervising judicial activities in the period of investigation” by Dr Le Huu The (ed.), Justice Publishing House, 2013; “Technical cooperation in the field of law between the Socialist Republic of Vietnam and Japan” (2006); “Handbook of Prosecutors, Volume 1”, Justice Publishing House; “Issues on Constitution and constitutional amendment” by Prof Dr Nguyen Dang Dung (ed.); “About the Procuracy of Vietnam” by Prof Dr Le Cam, Prosecutorial Magazine, No 21/2011 - Books: “Skills of exercising the right to public prosecution and supervising compliance with the law in criminal proceedings” by activities that prosecutors must directly control that are confrontation, identification, voice recognition, search and investigation; applying preventive measures, time for temporary detention during investigation period Sub-conclusion: by analyzing and comparing, this chapter explains the most basic theoretical issues on the right to public prosecution, exercising the right to public prosecution, it then clarifies the concept, characteristics, subject and scope of exercising the right to public prosecution of the People’s Procuracy in investigating murder Analyzing the relationship between the two functions of the People's Procuracy is exercising the right to public prosecution and supervising the compliance with the law in investigating murder, and mentioning the law of some countries around the world on exercising the right to public prosecution in investigating murder so as to withdraw lessons for Vietnam, especially the contents of the criminal procedure law, criminal law that consistent with the law in the region and the world to ensure international cooperation in the struggle and handling criminal offenses in general and murder in particular In addition, this chapter also analyzes and assesses the development of the law on exercising the right to public prosecution in investigating murder under the Vietnamese criminal procedure law in order to clarify the advantages of the legislative techniques of our country, and it also analyzes the provisions of the existing law on exercising the right to public prosecution in investigating murder This research results are important prerequisites for analyzing situation of exercising the right to public prosecution in investigating murder in chapter and recommendation in chapter Chapter 17 ACTUAL STATE OF EXERCISING THE RIGHT TO PUBLIC PROSECUTION IN INVESTIGATING MURDER UNDER THE VIETNAMESE CRIMINAL PROCEDURE LAW This chapter consists of sections and 10 sub-sections, it analyzes and clarifies situation of murder and criminal characteristics of murder cases nationwide from 2009 to 2018 relating to exercising the right to public prosecution in investigating murder By surveying and referring statistics of the Supervision sector, this chapter evaluates the situation of exercising the right to public prosecution of the People’s Procuracy at all levels in investigating murder over the past 10 years 3.1 The situation and characteristics of murder in Vietnam in recent years 3.1.1 The situation of murder Over the past 10 years, the situation of murder in Vietnam has increasingly complicated and erratically increased and decreased yearon-year, with the sophisticated nature and trick of crime Regarding area: focusing mainly in big cities, key economic areas and crowded areas The more dangerous nature, killers performed brutally by the prepared trick and sophisticated concealment of behavior Regarding motives: Killers made with different motives and purposes 3.1.2 Characteristics of murder 3.1.2.1 Characteristics of offenders There is a diversity of gender, age and occupation of the offenders is also different 3.1.2.2 Trickery, tools and means of committing crime Trickery, tools and means of committing crimes in the murder cases depend on the type of intent or without the intent of the offenders 18 3.1.2.3 Characteristics of victims The victim’s psychology and social relations are considered as motives, purposes and conditions for the subject to commit crime; consequences and gender, occupation, relations, psychology, stimulant and self-defense capacity of the victim 3.1.2.4 Characteristics of locations and time which murder committing crime Murder cases often occur in many locations and is complicated The time of causing a crime does not follow a certain rule 3.2 The actual state of organizing forces by the Procuracy in exercising the right to public prosecution in investigating murder 3.2.1 Organizational structure - The Supreme People's Procuracy is carried out by the Department of exercising the right to public prosecutions and supervising the investigation of the social order (Department 2) - The Provincial People's Procuracy is carried out by the Office of exercising the right to public prosecutions and supervising the investigation and first instance trial to criminal cases of social order The People's Procuracy at provincial/city levels consist of 63 units and organized by models 3.2.2 Officials and procurators of the People's Procuracy at all levels in exercising the right to public prosecution in investigating murder So far, the People’s Procuracy has not been many officials and prosecutors who are charged in exercising the right to public prosecution in investigating murder cases, they must participate in exercising the right to public prosecution in other criminal cases Basically, they are not intensively trained skills of exercising the right 19 to public prosecution and supervising compliance with the law in investigating murder cases 3.3 Exercising the right to public prosecution in investigating murder 3.3.1 Exercising the right to public prosecution to prosecute criminal cases and defendants 3.3.1.1 Exercising the right to public prosecution to prosecute criminal cases, the change or addition of a decision to prosecute a criminal case - Requesting the administrative agency to conduct investigation activities to prosecute or change, supplement a decision to prosecute the criminal case Cancelling the decision to prosecute, change or supplement the decision to prosecute a criminal case, decision to not prosecute a criminal case without evidence and illegal In case, the Trial council does not have evidence to prosecute criminal case, the Procuracy shall protest to the higher court To prosecute, change and supplement decisions to institute criminal cases in the cases prescribed by Article 104 of the 2003 Criminal Procedure Code 3.3.1.2 Exercising the right to public prosecution in approving the decision to prosecute defendant and deciding to change or supplement the decision to prosecute the defendant 3.3.2 Exercising the right to public prosecution in deciding to apply, change, and cancel preventive and coercive measures 3.3.2.1 Exercising the right to public prosecution in approving the warrant of arrest someone in the emergent cases 3.3.2.2 Exercising the right to public prosecution in approving the warrant of arrest defendant for detention 20 3.3.2.3 Exercising the right to public prosecution in deciding to apply, change or cancel preventive measures, detention; extension of detention time for investigation 3.3.3 Exercising the right to public prosecution in requesting investigation and conducting a number of investigations when it is necessary 3.3.3.1 Proposing an investigation request and investigation agencies conduct investigation activities 3.3.3.2 To directly conduct some investigation activities when necessary 3.3.3.3 Exercising the right to public prosecution in ending investigation 3.4 Comment, assess the advantages, limitations and causes of the limitations of exercising the right to public prosecution in investigating murder 3.4.1 Advantages First, most of officers and procurators who are charged in exercising the right to public prosecution in investigating murder are well-trained with high professional qualifications, knowledge and responsibility Second, the People’s Procuracy at all levels has uphold the sense of responsibility in arresting, detaining and prosecuting cases, prosecuting defendants, requesting investigation and improving the quality of investigation of murder Third, when exercising the right to public prosecution in investigating murder, the People’s Procuracy at all levels always adheres to the Party’s guidelines in the criminal policy for murder Fourth, exercising the right to public prosecution in investigating murder by the People’s Procuracy at all levels has gradually overcome pure legal thinking, ensuring political requirements 21 and associate with legal requirements in handling murder crimes Fifth, the People’s Procuracy has had close coordination with investigation agencies Sixth, the People’s Procuracy at all levels has attached importance to prevention 3.4.2 Limitations First, the quality of the prosecution of the case, defendants; the approval of decision on prosecution of defendants of the investigation agencies is still limited Second, the collection of evidence and request the investigation agencies for collecting evidence is still limited; the rate of cases that the Procuracy has directly conducted some investigation activities is not high (945/23,310 cases, accounting for 4%) Third, there are still many limitations in applying, changing, cancelling the preventive measures, as well as the decision to approve/disapprove the preventive measures of the investigation agencies Fourth, some local People’s Procuracies are not fully aware of the position, importance and tasks of exercising the right to public prosecution in investigating murder cases, as well as not clearly delineating the functions of exercising the right to public prosecution and supervising the compliance with the law in resolving the cases Fifth, some People’s Procuracies have not fully understood the denunciations and reports about murders, not assign procurator to supervise the process of settling denunciations and information about the murder crimes; they just supervise when the file is transferred through by the investigation agency for approval to arrest or prosecute defendants 22 Sixth, some some People’s Procuracies have not fully understood the specific signs of murder or have not been distinguished the difference between murder and others causing deadly consequences 3.4.3 Causes of the limitations in exercising the right to public prosecution in investigating murder First, there are still shortcomings, limitations, lack of synchronization and overlap of criminal legal system and criminal proceedings Second, the issuance of documents guiding the provisions of the Penal Code and Criminal Procedure Code is still slow Third, compared to the number of cases, so far there have not been many officers, prosecutors who are charged in exercising the right to public prosecution in investigating murder, without specialized prosecutors Fourth, the organization of personnel of the inspection sector is not appropriate, it has not been able to promote the prosecutors’ capacity Fifth, the responsibility, capacity, qualifications and knowledge of some prosecutors are still limited Sixth, some People’s Procuracies have not had adequate attention and failing to meet the requirements of management Seventh, the interdisciplinary coordination in exercising the right to public prosecution in investigating murder is still limited Eighth, there has not been adequate attention in training and retraining professional of exercising the right to public prosecution in investigating murder for prosecutors Ninth, the material conditions and means for exercising the right to public prosecution in investigating murder are still limited Tenth, the effectiveness of monitoring of the elected agencies and people to the work of exercising the right to public prosecution investigating murder is not high Sub-conclusion: Over the past years, there are still limitations in exercising the right to public prosecution of the People’s Procuracy in 23 investigating murder and failures to meet the requirements of fighting against crimes in the new situation Because of many reasons but there are mainly many inadequacies in the legal system, organizational structure, as well as the limited capacity, professional qualifications and responsibility of part of officials, prosecutors; they have not met requirements, management of the People’s Procuracy at all levels; although there have been changes and innovation, they have not yet brought the real effects Chapter REQUIREMENTS AND SOLUTIONS TO IMPROVE THE QUALITY OF EXERCISING THE RIGHT TO PUBLIC PROSECUTION IN INVESTIGATING MURDER From the above situation, it is necessary to have certain orientations and solutions to improve the quality of exercising the right to public prosecution in investigating murder to meet the requirement of judicial reform in the period of building rule-of-law state in our country today, these contents will be given in chapter It consists of sections and sub-sections, this chapter gives a forecast of the situation of murder in the future and request to improve the quality of exercising the right to public prosecution in investigating murder to meet the requirements of judicial reform in our country today 4.1 Predicting the situation and factors affecting exercising the right to public prosecution in investigating murder Predicting the situation of murder crime in our country is based on bases: first, our country continues to develop a market economy, this leads to crime situation in general and murder crime in particular is complicated; second, the hostile forces not give up against our country; third, the state management apparatus and judiciary apparatus have not kept up with the situation of socio-economic development 24 The situation, moves and structure of murder crime will continue to be complicated, the number of cases and accused may increase or decrease in each period but the nature and extent of crime will be increasingly serious; the offender's identity; locations of cases; modes and tricks to commit crime; tools and means to commit crime 4.2 Improving the quality of exercising the right to public prosecution in investigating murder 4.2.1 Requirements of judicial reform related to the operation of the People's Procuracy Judicial reform is an objective indispensable requirement determined in the XI Resolution of Party Congress One of the important tasks of judicial reform and building the Socialist rule-of-law State is to continue to innovate the system of judicial agencies, including the People's Procuracy 4.2.2 Requirements of international integration and assurance of human rights 4.2.3 Requirements of the 2013 Constitution, Law on organization of the People's Procuracy in 2014 and other codes related to operation of the People’s Procuracy that just promulgated in 2015 4.3 Solutions to improve the criminal law and criminal procedure, and other solutions 4.3.1 Completing the law by supplementing and amending a number of provisions on murder in the Criminal Code 4.3.2 Amending and supplementing a number of provisions of the Criminal Procedure Code relating to exercising the right to public prosecution in investigating murder Supplementing regulations on the relationship between investigation agencies and the People's Procuracy in Chapter of the 2015 criminal 25 procedure code in the direction of the scope of their functions, duties, authority, the investigation agencies and the People's Procuracy must closely coordinate with each other in the fight against crimes Completing the provisions on the application and cancellation of preventive measures: supplementing Clause 1, Article 113 of the 2015 criminal procedure code, adding Article 173 and paragraph 2, Clause 1, Article 173 of the 2015 criminal procedure code; Amending and supplementing regulations on the time of approving decisions to prosecute defendants; Completing the regulations on authority to request the decision to apply special procedural investigation 4.3.3 Issuing documents to guide the implementation of a number of provisions of the Criminal Code and the Criminal Procedure Code relating to exercising the right to public prosecution in investigating murder 4.3.4 Other solutions to improve the quality of exercising the right to public prosecution in investigating murder: including specific solutions 4.3.4.1 Procurators must be properly aware of their responsibilities in investigating murder 4.3.4.2 Renovating the content and methods to improve the capacity of procurators in the exercise of the right to public prosecution in investigating murder 4.3.4.3 Renovating the training and retraining, improving the capacity of cadres and procurators who are charged in exercising the right to public prosecution in investigating murder 4.3.4.4 Renovating the organization - staffs of the Supervision sector 26 4.3.4.5 Accelerating the direction, administration and the withdrawal of professional experience on exercising the right to public prosecution in investigating murder 4.3.4.6 To have an appropriate remuneration and adequate facilities for staffs working in the exercise of the right to public prosecution in investigating murder 4.3.4.7 Strengthening the relationship between the People's Procuracy and the Investigation Agency in exercising the right to public prosecution in investigating murder 4.3.4.8 Implementing and perfecting the monitoring mechanism of the elected agencies and people to exercising the right to public prosecution of the People's Procuracy in investigating murder Sub-conclusion: The two main groups of solutions that the author has given are: solutions to improve criminal law and criminal proceedings, to propose for supplementing and amending the provisions of the Penal Code and criminal procedure code in accordance with the practical application in the fight against crimes in general and murder in particular; Solutions to strengthen the capacity of exercising the right to public prosecution of the People's Procuracy, stemming from the raising of awareness and professional qualifications of procurators; innovating content and methods of exercising the right to public prosecution; strengthening management, direction and administration; innovating organization of personnel; strengthening relationship between agencies conducting legal proceedings in activities of exercising the right to public prosecution in investigating murder These solutions have partly helped removing difficulties in exercising the right to public prosecution of the people’s procuracy in investigating murder; contribute to improving the efficiency and role of the People’s 27 Procucracy in exercising the right to public prosecution to criminal crimes in general and murder in particular CONCLUSION Exercising the right to public prosecution in investigating murder is one of the most important tasks to ensure the investigation activities comply with the provisions of the law, the investigation is objective, comprehensive, right people, right guilt, without leaving crimes or anybody to be unjustly punished The dissertation has addressed the following issues: The study seeks to interpret the most basic theoretical issues on the right to public prosecution, exercising the right to public prosecution, thereby it clarifies the concepts, characteristics, objects and scope of exercising the right to public prosecution of the People’s Procuracy in investigating murder Analyzing the relationship between the two functions of the Procuracy, that is exercising the right to public prosecution and supervising the compliance with the law in investigating murder; it also mentions the law of some countries around the world on exercising the right to public prosecution in investigating murder, it then draws lessons for Vietnam Analyzing and assessing the process of the development of the law on exercising the right to public prosecution in investigating murder under the Vietnamese criminal procedure law so as to clarify the progress of legislative body in our country, and analyzing provisions of the existing law on exercising the right to public prosecution in investigating murder Analyzing and clarifying the situation of murder crime and criminal characteristics of murder in the whole country in the period 28 2009-2018 relating to exercising the right to public prosecution in investigating murder To directly examine files on murder and surveying the exercise of the right to public prosecution in investigating murder in some provinces/cities to review the advantages and disadvantages, as well as causes of limitations To make a forecast of the situation of murder in the coming time, the impact factors, requirements and solutions to ensure the operation of the People’s Procuracy in exercising the right to public prosecution in investigating murder in order to meet the requirements of judicial reform in our country today Two groups of solutions are: Solutions to improve the law, amending and supplementing provisions in the Penal Code and Criminal Procedure Code; Solutions to strengthen the capacity of the People’s Procuracy in exercising the right to public prosecution, improving awareness and professional qualifications of procurators; renovating content and methods of exercising the right to public prosecution; renovating organization and personnel; accelerating the relationship among agencies conducting legal proceedings in exercising the right to public prosecution for murder cases The research results of the dissertation contribute to clarifying theoretical issues on exercising the right to public prosecution in investigating murder, thenceforth, it proposes recommendations to improve the criminal law and criminal proceedings on the activities of the People’s Procuracy; the study also adds more the theory of specialized legal sciences The dissertation can be seen as reference for researching, teaching, training prosecutors, serving for the study of perfecting the law, especially criminal law and criminal proceedings; contribute to improving the position, role of the People’s Procuracy in the process of judicial reform in our country today 29 The author’s published-papers list related to the dissertation Nguyen Quoc Han (2016) “Lessons learned from exercising the right to public prosecution, investigation, prosecution and trial the case of Nguyen Hai Duong and his accessories committed ‘murder’ and ‘robbery’”, Prosecutorial Magazine, No 11 Nguyen Quoc Han (2018) “Some inadequacies when applying regulations on arresting people in emergency cases and people arresting procedure in emergency cases”, Prosecutorial Magazine, No 15 Nguyen Quoc Han (2018) “Solutions to improve the efficiency of drug crime prevention and combat in Binh Phuoc”, Prosecutorial 30 Magazine, No 24 Nguyen Quoc Han & Nguyen Thanh Men (2019) “The People’s Procuracy of Binh Phuoc province improves the quality of protestation of civil, administrative cases according to appellate procedures”, Prosecutorial Magazine, No 10 31 ... of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library;... Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr Nguyen Van Huyen Reviewer 1: Prof Dr Bui Minh Thanh Reviewer 2: Assoc Prof Dr Tran Van Do Reviewer 3: Assoc... in investigating murder Theoretical and practical significance of the dissertation 6.1 Theoretically The dissertation contributes to supplementing and perfecting the theory of criminal procedure