Applying the law in the investigation and prosecution of criminal cases, through the practice of Hai Phong City People's Procuracy

3.2.3.2. Human rights education for prosecutors, building a legal culture for prosecutors

- Human rights education for prosecutors - a condition contributing to ensuring the quality of law enforcement in criminal investigation activities.

Due to the nature and requirements of the work of prosecutors in applying the law in the investigation of criminal cases related to the protection of human rights and civil rights, they need to have a basic understanding of human rights and the requirements and skills to protect human rights. Therefore, the effectiveness of ethics education and training to improve professional qualifications and skills can only be truly guaranteed when combined with human rights education for prosecutors.

The most important purpose of human rights education is to equip people with basic knowledge, build awareness of respect, protection and skills to use human rights of themselves and others.

The more people know about their own rights, the more they will respect the rights of others and thus the more likely they are to live together peacefully. Only when people are educated about human rights can we hope to prevent human rights violations and prevent conflict.

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- Building a legal culture for prosecutors

Legal culture is a system of elements, material and spiritual values in the field of legal impact expressed in human consciousness and behavior. The legal culture of prosecutors is expressed in respect, compliance with the law, respect and protection of human rights and legitimate interests, impartiality, proper attitude, politeness, sense of responsibility, sharing in solving work. Legal culture of prosecutors.

It is necessary to establish a code of professional conduct for prosecutors, between prosecutors and investigators. According to the law, investigators are the subjects that must comply with the investigation requests of prosecutors. Prosecutors need to have a proper attitude and a good character.

The prosecutor must also behave politely and friendly, and discuss with the investigator the issues he requests. In cases where the prosecutor requests investigation but the investigator does not carry out or is unable to carry out the issues, the prosecutor and the investigator must coordinate to consider carefully. In cases where both parties cannot reach an agreement, they must report to a superior for consideration and handling.

3.2.4. Group of solutions on strengthening the leadership responsibility of party organizations, state and social supervision of law enforcement activities of the procuracy in investigating and prosecuting criminal cases

3.2.4.1. Strengthening the leadership responsibility of party organizations in the law enforcement activities on the investigation and prosecution of criminal cases by the People's Procuracy

Ensuring the leadership of the Party is one of the basic principles in the organization and operation of the state apparatus in general, and the prosecution sector in particular. The Constitution has determined the principles, roles and responsibilities of the Party's leadership.

Regarding the application of law by the Procuracy in the law application activities of the Procuracy in the investigation of criminal cases, it is necessary to correctly determine the responsibilities of Party committees at all levels and each Party member to ensure the quality of ADPL, in accordance with the law, the right person, and the right crime.

3.2.4.2. Inspection and supervision by State agencies and social organizations of the People's Procuracy's law enforcement activities on criminal investigation and prosecution of criminal cases

Strengthen the inspection and supervision role of democratic agencies, the Vietnam Fatherland Front, socio-political organizations and the people over the activities of the People's Procuracy and prosecutors.

The 2014 Law on the Organization of the People's Procuracy has stipulated a mechanism for re-control by the investigation agency, the court, the enforcement agency and other competent agencies in judicial activities over the implementation of the function of exercising the right to prosecute and supervise judicial activities of the People's Procuracy. This is the institutionalization of the idea of controlling power in the 2013 Constitution, stipulating the supervision institutions.

in the form of representative democracy including the National Assembly, the agencies of the National Assembly, the National Assembly deputies, the National Assembly delegations, the People's Councils, the People's Council deputies; regulating the supervision mechanism through direct democracy and socio-political organizations. Through methods of state and social inspection and supervision of the activities of the People's Procuracy in general, and the application of the law in the investigation of criminal cases in particular, to ensure the basis and legality of these activities, prevent errors and all violations of the law, contributing to building a truly clean, strong, democratic, strict judiciary in our country, protecting justice, serving the people, and serving the Socialist Republic of Vietnam.

3.2.5. Group of solutions on building and implementing policies and regimes for recruitment, use, management, rewards, discipline, ensuring material and technical facilities for the activities of the Procuracy

3.2.5.1. Develop and implement policies and regimes on recruitment, employment, management, rewards and discipline.

Resolution No. 49-NQ/TW dated June 2, 2005 of the Politburo on the Judicial Reform Strategy to 2020 and Plan No. 05-KH/CCTP of the Central Judicial Reform Steering Committee on the implementation of Resolution No. 49-NQ/TW have specified the main task of the People's Procuracy from now until 2020 is to focus on performing well the functions of prosecution and supervision of judicial activities, continuing to complete the tasks set forth in Resolution No. 08-NQ/TW of the Politburo: The People's Procuracy at all levels must perform well the functions of exercising the right to prosecute and supervise compliance with the law in judicial activities. Prosecution activities must be carried out right from the initiation of a case and throughout the entire litigation process to ensure that no criminals and criminals are left out, and that innocent people are not wrongly convicted. Improve the quality of prosecution by prosecutors in court, ensuring debate with lawyers, defenders and other participants in the proceedings. To carry out this task, from now until 2020, the People's Procuracy at all levels must continue to innovate and improve the organization and staff of the People's Procuracy at all levels according to the judicial reform roadmap. The specific contents are:

Perfecting the organizational structure of units exercising the right to prosecute and supervise

Judicial activities at the People's Procuracy at all levels, ensuring unity, synchronization and efficiency in performing functions and tasks. Accordingly, a number of new functional units at the department level under the Supreme People's Procuracy were established, namely:

Establish a new Department of Prosecution and Investigation of Corruption Cases according to the provisions of the Law on Anti-Corruption: The establishment of this unit is to meet the requirements of the current fight against corruption. On the other hand, it ensures synchronization with the organization of other agencies assigned to fight against corruption in our country today.

Establish a new Department of Prosecution and Investigation Supervision of Drug Cases on the basis of separation from the Department of Prosecution and Investigation Supervision of Security and Drug Cases. The establishment of this unit is to meet the requirements of the fight against drug crimes and to ensure synchronization with the organization of the Ministry of Public Security's Criminal Investigation Agency according to the provisions of the 2004 Ordinance on Organization of Criminal Investigation.

Establishment of a new International Cooperation Department. The establishment of this unit stems from the practical situation that the capacity to participate in resolving cases with foreign elements of judicial agencies in general and of the People's Procuracy in particular is still very limited, especially in the current international exchange conditions of our country and in the following years. In addition to performing the advisory and management functions on foreign affairs and international cooperation activities of the People's Procuracy, this unit also has the task of researching and advising to work with functional units of Vietnam such as the Ministry of Public Security, the Supreme People's Court, the Ministry of Justice, the Ministry of Foreign Affairs and coordinate with foreign judicial agencies in enhancing the capacity to resolve cases with foreign elements in the conditions of the country expanding international exchange and integration.

Newly established the Emulation and Reward Department of the People's Procuracy. This unit has the function of advising and managing emulation and reward work in the People's Procuracy. Strengthening emulation and reward work in the current period is necessary to motivate cadres and civil servants in the industry to perform well in their professional work, especially in the current conditions of judicial reform.

On the basis of establishing a number of new units under the Supreme People's Procuracy, it is also necessary to

Consider and select to deploy the establishment of corresponding units at the lower levels of the People's Procuracy of provinces and centrally-run cities. Accordingly, at the provincial People's Procuracy, two more professional departments can be established: Department for practicing the right to prosecute and supervise the first-instance trial of corruption cases and Department for practicing the right to prosecute and supervise the first-instance trial of drug cases.

Continue to build a clean and strong team of prosecutors. Improve the quality of selection, planning, training, and professional development for the team of officials to meet the requirements of judicial reform. Continue to rotate and transfer officials according to the Party's policy, increase competent prosecutors for the People's Procuracy at local levels. At the same time, continue to research and perfect the selection plan to select people for appointment to the position of prosecutor; research the plan to increase the appointment term or appoint indefinitely for the positions of prosecutors and investigators of the People's Procuracy; research the project to innovate the salary policy and benefits for officials of the People's Procuracy according to the general roadmap.

Innovate the training and fostering program for prosecutors to meet the requirements of performing the functions and tasks of the Procuracy in the process of judicial reform and international integration. Train and foster knowledge and improve investigation capacity, prosecution skills, foreign language and IT skills. Prosecutors in the coming time must be trained and fostered in depth in criminal investigation skills to be able to complete the task of prosecuting and directing investigations, and enhancing litigation in court.

Research and innovate training facilities to train prosecutors with the capacity to teach and research on prosecution skills, crime investigation methods, criminal statistics and criminological research.

Research and innovate salary policies and benefits for officials and prosecutors. Salaries and benefits must be consistent with the characteristics of prosecution activities and in the general context of economic development, taking into account the economic development potential of each locality. Research a reward mechanism for early appointment of prosecutors with initiatives and outstanding achievements in their work.

3.2.5.2. Ensuring material and technical facilities for the activities of the prosecutor's office

Continue to strengthen the material facilities, funding, means and techniques for the Procuracy in the fight against criminal crimes. Such as: office premises; Funding for crime prevention and combat is a special type of funding that needs to be studied and supplemented to have enough funding to ensure both effective crime prevention and combat; Means and equipment for crime detection, investigation, handling and prevention must be synchronous, civilized and modern to meet the requirements of crime prevention and combat in the new situation.

CONCLUSION OF CHAPTER 3

Chapter 3 focuses on analyzing basic viewpoints and solutions to ensure the quality of law enforcement in the investigation and prosecution of criminal cases by the People's Procuracy nationwide in general and in Hai Phong city in particular.

The author's approach is to raise the issue of applying the law in the investigation and prosecution of criminal cases in the context of implementing the 2013 Constitution, continuing judicial reform, and amending and supplementing the Penal Code and the Criminal Procedure Code. From there, the author explains the proposed viewpoints and solutions. Typical are the following basic viewpoints and solutions:

Applying the law in the investigation and prosecution of criminal cases must meet the requirements of implementing the 2013 Constitution, the Law on Organization of the People's Procuracy, the judicial reform strategy, protecting human rights and citizens' rights; ensuring compliance with the principles of democratic justice and the rule of law as stipulated in the Constitution, ensuring that all decisions of the prosecution agencies are well-founded and in accordance with the law.

Typical basic solutions: on perfecting criminal law, amending and supplementing the Criminal Procedure Code; solutions on training and fostering professional knowledge and skills for the team of prosecutors on applying the law in the investigation and prosecution of criminal cases.

THESIS CONCLUSION

Based on consulting scientific and practical sources and with his own working experience, the author of the thesis researched the topic "Applying the law in the investigation and prosecution of criminal cases, through the practice of the People's Procuracy of Hai Phong city" .

From the perspective of the master's degree training major in Theory and history of state and law, the author analyzed the theoretical basis of law application in the investigation and prosecution of criminal cases, the current situation at the People's Procuracy of Hai Phong city regarding the results, advantages and some limitations.

Based on the study of theoretical foundations, local practices as well as the practices of the prosecution sector in some other localities of the country, the author has proposed a basic explanation of the viewpoints and basic solutions to ensure the quality of law enforcement in the investigation and prosecution of criminal cases of the People's Procuracy in our country in general, and for the prosecution sector of Hai Phong city in particular.

Accordingly, the author analyzed the content of viewpoints and solutions to meet practical requirements: implementing the 2013 Constitution, continuing judicial reform, amending and supplementing the Penal Code and the Criminal Procedure Code, building a democratic judiciary, the rule of law, protecting human rights and civil rights.

The thesis has reference value in theoretical research and practical activities. I respectfully introduce the thesis with all humility, openness, learning, sharing of experience and suggestions for improvement.

Applying the law in the investigation and prosecution of criminal cases, through the practice of Hai Phong City People's Procuracy - 14

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