Who carries out investigation for election-related criminal offenses?
Viet Nam
CRIMINAL PROCEDURE CODE
(No. 19/2003/QH11 of November26, 2003)
ChapterIII
10PROCEDURE-CONDUCTING BODIES, PROCEDURE-CONDUCTING
PERSONS AND THE CHANGE OFPROCEDURE-CONDUCTING PERSONS
Article33. Procedure-conducting bodies and procedure-conducting persons
1.Procedure-conducting bodies include:
a/Investigating bodies;
b/Procuracies;
c/Courts.
2.Procedure-conducting persons include:
a/The heads and deputy heads of investigating bodies, investigators;
b/Chairmen, vice-chairmen of procuracies, procurators;
c/ Presidents andvice-presidents of courts, judges, jurors, court clerks.
Article35. Tasks, powers and responsibilities of investigators
1.The investigators assigned to investigate criminal cases shall have thefollowing
tasksand powers:
a/To compile files of criminal cases;
b/To summon and interrogate the accused; to summon and take testimonies from
witnesses,victims, civil plaintiffs, civil dependants and persons with interests and
obligationsrelated to the cases;
c/To decide to escort the accused, decide to escort witnesses;
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d/To execute orders for arrest, custody, temporary detention, search, forfeiture,
seizure,distrainment of properties;
e/To conduct scene examination, autopsy, confrontation, identification and
investigativeexperiments;
f/To conduct other investigating activities falling under the competence of
investigatingbodies according to the assignment of the heads of investigating bodies.
2.Investigators shall take responsibility before law and the heads ofinvestigating
bodies for their acts anddecisions.
Article37. Tasks, powers and responsibilities of procurators
1.Procurators assigned to exercise the right to prosecute and supervise the law
observancein the proceedings for criminal cases shall have the following tasks and
powers:
a/To supervise the institution of criminal cases, supervise investigatingactivities and
thecompilation of case files by investigating bodies;
b/To set investigation requirements;
c/To summon and interrogate the accused; to summon and take testimonies of
witnesses,victims, civil plaintiffs, civil defendants, and persons with interests and
obligationsrelated to the cases;
d/To supervise arrests, custody and temporary detention;
e/To participate in court sessions; to read the procuracies’ indictments anddecisions
relatedto the case settlement; to ask questions, present evidences and make
arraignments;to express their views on the case settlement and argue with the
participants in the procedureat court sessions;
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