This is the opinion of Senior Lieutenant General Tran Quoc To - Deputy Minister of Public Security (National Assembly Delegation of Bac Ninh Province) at the discussion session on the afternoon of May 20 (9th Session, 15th National Assembly).
Accordingly, at the Law on the Law amending and supplementing a number of articles of the Criminal Procedure Code, Intermediate Investigators or higher (of the provincial Police Investigation Police Department) who are the Head or Deputy Head of the commune -level police, assigned by the head of the CSDT of the provincial police, competent to prosecute and investigate the criminal case for the low, serious and serious crime of the 7 -year penalty.
Regarding this content, Deputy Minister Tran Quoc To stated that the above-mentioned Investigator belongs to the Provincial Police Investigation Agency, performing duties and powers in criminal proceedings under the title of Investigator, not the administrative title of Chief or Deputy Chief of Commune-level Police.
"I affirm that the Commune-level Police are not an investigation unit. The drafting committee should study and consider clarifying this content so that when applied, it will avoid the case of playing the police at the commune level as an investigation agency", Deputy Minister Tran Quoc To stated.
At the same time, Senior Lieutenant General Tran Quoc To suggested that the drafting agency review and amend the provisions in Article 110 ( Detention in emergency cases), Article 113 (arrest of defendants and defendants for temporary detention) to supplement the authority to detain people in emergency cases, temporary detention, temporary detention and other preventive measures for the Investigator of the investigation agency assigned as the Chief and Deputy Chief of Commune-level Police.
Regarding the issue of extradition, Lieutenant General Tran Quoc said that the Ministry of Public Security was assigned by the Government to preside over the construction of the Law on the Law on the National Assembly to comment at the 9th session, expected to pass at the 10th session.
The addition of some new regulations on extradition in the draft Law on extradition, especially the regulation on arresting people in emergency cases for extradition, is directly related to the regulations on preventive measures in the Criminal Procedure Code.
Senior General Tran Quoc To assessed that amending and supplementing relevant provisions in the Criminal Procedure Code is extremely urgent, legalizing Vietnam's commitments in international treaties on extradition, affirming Vietnam's responsibility to the international community.
"Currently, all international treaties on extradition signed by Vietnam have regulations on arresting people in emergency cases for extradition," said Senior Lieutenant General Tran Quoc To.
The National Assembly's Law and Justice Committee (the agency reviewing the draft Law) found that in the context of the reorganization of administrative units, many localities are merged on the basis of 2 or 3 current provincial-level administrative units and each locality only has 1 level of Investigation Agency at the provincial-level Police (rather than 2 levels as before).
It is very necessary that the draft Law proposes to add a number of tasks and powers to the Investigator who is the Chief of Commune-level Police (or Deputy Chief of Commune-level Police) similar to the tasks and powers of the Chief of Investigation Agency.
However, according to the Legal and Judicial Committee, the contents of the investigator's tasks and powers are the Chief of the Commune Police Chief of the Commune Police Department) in the Draft Law with many inappropriate content, conflict with other contents of the CrPC and conflicts in the draft law, so they will arise problems and not be tested when deployed in reality.
