On the afternoon of June 10, the National Assembly Standing Committee gave its opinion on the reception, explanation, and revision of the draft Law amending and supplementing a number of articles of the Criminal Procedure Code (CPC).
The Chairman of the Law and Justice Committee said that the Standing Committee of the Committee basically agreed with the contents that the drafting agency had studied and accepted the opinions of National Assembly deputies to complete the draft law.
Including the duties and powers of investigators who are police chiefs or deputy police chiefs assigned to conduct prosecution activities and investigate cases of less serious crimes and serious crimes occurring at the commune level.
Regarding some contents proposed for further consideration, it is the addition of the authority to apply temporary detention measures for "Judges holding positions as Chief Justice and Deputy Chief Justice of the Supreme People's Court" and the explanation of the drafting agency on the need to keep the phrase "Judges holding positions".
The Standing Committee of the Committee found that with the change in the organizational model of the Supreme People's Court (SPC), the assignment of additional authority to the Chief Justice and Deputy Chief Justice of the SPC to temporarily detain is in line with reality.
Ensure that the Appellate Court can promptly issue a temporary detention order before opening the trial without having to request a temporary detention order from the Chief Justice and Deputy Chief Justice of the Supreme People's Court.
At the same time, Article 34 of the current Penal Code stipulates that the litigants are the heads and deputy heads of the prosecution agencies (Investment Agency, Procuracy, Court) and judicial positions ( investigator, investigator, prosecutor, inspector, judge, associate, court secretary, examiner).
Therefore, to ensure strictness and compliance with the provisions of Article 34 of the Penal Code, the Standing Committee of the Law and Justice Committee agreed with the addition of the authority to apply temporary detention measures for "Judges holding the position of Chief Justice, Deputy Chief Justice of the People's Court of the Supreme People's Court" and the explanation of the drafting agency on the need to keep the phrase "Judge holding the position".
Other content is on resolving disputes over the authority to resolve denunciations, reports on crimes, and recommendations for prosecution.
The Standing Committee of the Law and Justice Committee agreed to amend and supplement Article 150 of the Penal Code in the direction of removing regulations on dispute resolution on the authority to resolve denunciations and reports on crimes, and recommending prosecution between "district-level investigation agencies of different provinces and centrally run cities" to comply with the reorganization of the investigation agency apparatus with only two levels, the provincial and ministerial levels.
However, it is recommended that the drafting agency continue to study to avoid duplication and ensure consistency between the provisions in the draft law.
It is recommended that the drafting agency should clarify and specify more specifically in the draft law on the authority to resolve disputes and reports of police chiefs (or deputy police chiefs) at the commune level in cases where these communes and wards are in the same province or city and in cases where these communes and wards are in different provinces and cities.
