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Abolishing the district police, do commune police have the right to initiate criminal proceedings and prosecute defendants?

Người Lao ĐộngNgười Lao Động05/03/2025

(NLDO) - Provincial police preside over and coordinate with district-level People's Procuracy to inspect and verify preliminary denunciations and reports of crimes by commune-level police and police stations.


The Minister of Public Security, the Chief Justice of the Supreme People's Procuracy and the Chief Justice of the Supreme People's Court have just issued Joint Circular No. 02/2025, regulating coordination between competent agencies in criminal proceedings, management, temporary detention, temporary imprisonment and execution of criminal sentences when there is no district-level police organization. The Circular takes effect from March 1.

Bỏ Công an huyện, Công an xã có quyền khởi tố vụ án, khởi tố bị can?- Ảnh 1.

Prosecution agencies work with suspects. Illustrative photo

This Circular provides for coordination between competent authorities in receiving and handling information about crimes, initiating, investigating, prosecuting, and adjudicating; managing, implementing temporary detention, temporary imprisonment, and executing criminal sentences when there is no police organization at the district, county, town, city level, or city level.

Accordingly, this Circular stipulates the authority to receive and handle information about crimes, prosecute and investigate criminal cases of the Provincial Police Investigation Agency, including:

- Receive and handle information about crimes, prosecute and investigate criminal cases regarding crimes specified in Chapters XIV to XXIV of the Penal Code when such crimes fall under the jurisdiction of the District People's Court, except for crimes under the jurisdiction of the Investigation Agency of the Supreme People's Procuracy and the Security Investigation Agency of the People's Public Security.

- Receive and handle information about crimes, prosecute and investigate criminal cases about specific crimes occurring in many districts, towns, cities under provinces, cities under centrally run cities, organized crimes or crimes involving foreign elements.

- Receive and handle information about crimes, prosecute and investigate criminal cases on specific crimes, when those crimes fall under the jurisdiction of the provincial People's Court.

The Circular also stipulates that the Provincial Police Investigation Agency shall preside over and coordinate with the District People's Procuracy to guide and inspect the implementation of inspection and preliminary verification of denunciations and reports of crimes by commune-level police and police stations.

In particular, the Circular stipulates the duties and powers of commune-level police in executing criminal sentences, specifically:

- Directly supervise people serving suspended sentences, people serving sentences of non-custodial reform, bans on residence, bans on holding positions, bans on practicing certain professions or jobs, deprivation of certain civil rights; manage people whose prison sentences are postponed or temporarily suspended, people who are conditionally released from prison early; control people serving probation sentences.

- Prepare records and report to the provincial police criminal enforcement agency when discovering that a criminal enforcement officer in the community has violated the law.

- Advise and assist the People's Committee at the commune level in organizing the implementation of tasks and powers to educate people serving suspended sentences, people serving non-custodial reform sentences, people banned from residing, people banned from holding positions, people banned from practicing certain professions or jobs, people deprived of certain civil rights; educate people whose prison sentences are postponed or temporarily suspended, people who are conditionally released from prison early, people serving probation sentences.



Source: https://nld.com.vn/bo-cong-an-huyen-cong-an-xa-co-quyen-khoi-to-vu-an-khoi-to-bi-can-196250305082512374.htm

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