Characteristics of the Practice of the Right to Prosecute During the Investigation Stage of a Case of Intentionally Causing Injury or Harm to the Health of Another Person.

Therefore, the right to prosecute only exists in the field of criminal proceedings with criminals and offenders.[29, p.40]

Criminal law stipulates that the Procuracy is the agency assigned to exercise the right to prosecute and only the Procuracy has the right to initiate prosecution without interference from any state agency.

According to the Vietnamese dictionary, “practice” means “to apply theory to practice”, “practice” is synonymous with “to carry out” [31]. Thus, in order to fully exercise the right to prosecute, the Procuracy must use the legal powers of the prosecution in the entire process of conducting the proceedings of the case, with the aim of promptly detecting criminal violations, strictly handling criminals, not letting criminals and criminals escape, and not wrongfully convicting innocent people.

From the issues analyzed above, the author raises the concept: Practicing the right to prosecute is the function and task of the People's Procuracy prescribed by law to carry out the State's accusation against the subject committing the crime and Practicing the right to prosecute begins from the time of receiving and handling information about the crime and throughout the process of initiating, investigating, prosecuting and trying the criminal case.

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- Concept of criminal investigation stage

Article 143 of the 2015 Criminal Procedure Code stipulates: “A criminal case may only be initiated when there are signs of a crime . Signs of a crime are determined on the basis of denunciations and reports of crimes by individuals, agencies, organizations, and the mass media, requests for prosecution, or the agency conducting the proceedings directly discovering signs of a crime or the offender confessing.

Article 8 of the 2015 Penal Code stipulates on crime: “Crime is an act dangerous to society as prescribed in the Penal Code, committed by a person with criminal responsibility capacity or a commercial legal entity in a manner

intentionally or unintentionally, infringing upon the independence, sovereignty, unity, and territorial integrity of the Fatherland, infringing upon the political regime, economic regime, culture, national defense, security, social order and safety, the legitimate rights and interests of organizations, infringing upon human rights, the legitimate rights and interests of citizens, infringing upon other areas of the socialist legal order which, according to the provisions of this Code, must be subject to criminal prosecution.”.

Thus, a sign of crime is an incident with the signs specified in Article 8 of the Penal Code. Current law does not specify what is called a criminal case, but from the above provisions we can understand that a criminal case is an incident with signs of violation of the Criminal Law that is discovered and the competent authority (Investigation Agency, Agency assigned to conduct some investigation activities, People's Procuracy, People's Court) initiates a case to resolve it according to the provisions of law.

Criminal investigation is an important stage in proving the crime, following the stage of handling crime reports, denunciations and recommendations for prosecution, in which the task of the investigation agency, the agency assigned a number of investigation tasks, based on the provisions of law, is to carry out necessary professional measures to collect evidence, research and evaluate the details of the case, with the aim of quickly identifying the crime and the offender to prosecute criminal responsibility and consider ensuring compensation for damages caused by the crime.

The investigation stage is an independent stage with the function of performing specific tasks, applying necessary measures according to the provisions of law to prove the crime and the offender, determine the cause and conditions of the crime. The investigation stage of a criminal case begins when the prosecuting agency issues a decision to initiate a case and ends when the investigation agency, the agency assigned some investigation tasks issues a decision: Suspend the investigation or issue a

Conclude the investigation and transfer all documents related to the case to the Procuracy and propose to prosecute the accused before the Court.

The purpose of the investigation is to prove the objective truth of the case: Is there a crime or not?; Time, location and other circumstances of the act; Who committed the crime?; Is there fault or not fault?, what is the fault? Intentional or unintentional fault?; Does the person who committed the crime have criminal capacity?; What are the purposes and motives for the crime?; How many aggravating and mitigating circumstances are there for the criminal?; Verify the identity of the criminal?; What is the nature and level of danger to society caused by the crime?; Causes and conditions leading to the crime; Other circumstances related to the exclusion of criminal liability, exemption from criminal liability, and exemption from punishment."

From the above arguments, we can come up with the concept of criminal investigation: Criminal investigation is a stage of criminal proceedings of the competent investigative agency applying all measures prescribed by law to determine the crime, the perpetrator and other circumstances as a basis for resolving the case under the supervision of the Procuracy.

- Concept of practicing the right to prosecute during the investigation phase.

The exercise of the right to prosecute is always associated with investigative activities, carried out from the time a crime is committed, throughout the investigation process until the end of the indictment. Therefore, the exercise of the right to prosecute during the investigation phase is carried out from the time a crime is committed and ends when there is a conclusion of the investigation or the case is suspended. Wherever and whenever the investigation agency carries out investigative activities such as: examining the scene, performing an autopsy, taking witness statements, and questioning the accused, the Procuracy is responsible for exercising the right to prosecute and supervising the activities of the investigation agency.

From the above analysis, the author agrees with the viewpoint of Dr. Nguyen Hai Phong, editor-in-chief of " Some issues on strengthening the responsibility of prosecution in investigation activities, linking prosecution with investigation activities " 2014. Concept: Practicing the right to prosecute in the investigation phase is the activity on behalf of the state to charge criminals, ensuring that the prosecution of criminal responsibility against criminals is based on grounds and is legal, ensuring that all discovered crimes must be prosecuted, investigated, and handled according to the law, not letting people or crimes escape, not wrongfully convicting innocent people[22, p13].

- Concept of the crime of intentionally causing injury or harm to the health of another person.

There are many different views on the concept of the crime of intentionally causing injury or harm to the health of others.

The 2015 Penal Code, amended in 2017, stipulates the Crime of intentionally causing injury or harm to the health of others in Article 134. This crime includes the act of causing injury to others and the act of causing harm to the health of others. In addition, Clause 1, Article 8 of the 2015 Penal Code sets out the concept of crime. Based on the above, the author would like to present the concept according to his own perspective on the Crime of intentionally causing injury or harm to the health of others as follows: " The crime of intentionally causing injury or harm to the health of others is a socially dangerous act prescribed in the Penal Code by a person with criminal responsibility who intentionally harms the health of others in the form of injury or damage."

Contents to be proven in cases of intentional injury or damage to the health of others.

Crime of intentionally causing injury or harm to the health of another person is prescribed in 134 of the Penal Code 2015, amended and supplemented in 2017.

According to the provisions of Article 134 of the 2015 Penal Code, amended and supplemented in 2017, the crime of intentionally causing injury or harm to the health of another person is an act of causing harm to the health of another person by a person or a group of people. To prove the act of a person or a group of people committing the crime of intentionally causing injury or harm to the health of another person, it is first necessary to identify the specific legal signs that satisfy the conditions for constituting a crime. The elements constituting a crime must be proven.

Object of crime:

Article 20, Clause 1 of the 2013 Constitution stipulates : “Everyone has the right to physical inviolability and to be protected by law in terms of health, honor and dignity; and shall not be subjected to torture, violence, persecution, corporal punishment or any other form of treatment that violates the body, health, or offends honor and dignity.”

The crime of intentionally causing injury or harm to the health of another person, or in other words, directly infringing or causing harm to a specific person, infringing on the body or health is protected by law. Thus, the subject of the crime of intentionally causing injury or harm to the health of another person is the inviolable right to the human body protected by the constitution and law.

Objective aspect of crime:

The crime of intentionally causing injury or harm to the health of another person must have the offender's behavior affecting the body of another person, causing the affected person to be injured or to suffer damage to health. That is the act of using physical force to directly impact the body of another person, causing injury such as using hands, feet... to punch, kick; using tools and means: guns, grenades or other weapons to cause injury. to determine

If there are sufficient objective factors, the causal factor due to the intentional act of causing injury or harm to the health of another person causing consequences that the affected person must bear is mandatory. The 2015 Penal Code also stipulates the level of injury of the affected person: Injury from 11% or more is one of the conditions constituting a crime. In case the injury rate is below 11%, it must fall under one of the cases specified in Point a to Point o, Clause 1, Article 134 of the Penal Code to commit this crime.

Subjective aspect of crime:

The offender intentionally causes injury or harm to the health of another person with direct or indirect intention, the offender is aware of his/her behavior and knows the consequences.

Subject of crime:

The subject must be a specific person, a person with criminal responsibility capacity and of legal age as prescribed in Article 12 of the 2015 Penal Code; Clauses 1 and 2, Article 134, although less serious and serious cases, the offender is 14 years of age or older but under 16 years of age and is also subject to criminal prosecution.

In particular, Clause 6, Article 134 of the Penal Code stipulates the crime of Intentional Infliction of Injury, which stipulates: “ Anyone who prepares weapons, explosives, dangerous weapons, dangerous acids, dangerous chemicals, or establishes or participates in a criminal group with the aim of causing injury or harm to the health of another person shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.” This is a new sentencing circumstance stipulated in the 2015 Penal Code, amended and supplemented in 2017. According to the regulations, criminal proceedings can be held during the stage of preparing to commit a crime against a person who commits the acts stipulated in Clause 6 of Article 134 of the Penal Code.

Consequences and causal relationships

The consequence of intentionally causing injury or harm to the health of another person is causing consequences that the victim must bear, accordingly, the Penal Code stipulates that the consequence of this crime in terms of the degree of injury, damage to the health of the victim has a certain percentage determined to be injury from 11% or more, less than 11% in the cases specified in points a to k, clause 1, Article 134 of the Penal Code, amended and supplemented in 2017, then it is a crime. The injury must be assessed through a forensic examination agency, this is considered an important basis when prosecuting criminal liability for this crime.

Typically, intentional injury, intentional harm is committed in the form of an action that must cause injury or damage to the health of another person.

1.1.1.2. Characteristics of exercising the right to prosecute during the investigation phase of cases of intentional injury or damage to the health of others.

The Procuracy when exercising the right to prosecute during the investigation stage includes the following characteristics:

Feature 1: This activity can only be performed by the People's Procuracy.

The Procuracy exercises the right to prosecute at the investigation stage according to the provisions of Article 165 of the 2015 Criminal Procedure Code; Article 14 of the 2014 Law on Organization of the People's Procuracy; demonstrating the tasks and powers prescribed by law.

According to the provisions of the Criminal Procedure Code, the prosecution of a case is mainly carried out by the Investigation Agency. The Procuracy directly prosecutes a case in cases where the Investigation Agency does not comply with the Procuracy's request to prosecute the case or in cases where the Investigation Agency's decision not to prosecute the case is revoked and in cases where the Trial Panel requests to prosecute the case. As for prosecuting a suspect, the suspect is only directly prosecuted when the Investigation Agency has completed the investigation.

The case was transferred to the Procuracy to propose prosecution, however, the Procuracy determined that there were other accomplices in the case that had not been prosecuted. The Procuracy only considered approving the prosecution decision of the Investigation Agency.

In the process of exercising the right to prosecute during the investigation phase, in order for the investigation to achieve results, the Procuracy has the right to make investigation requests for the investigation agency to implement. The investigation request of the Procuracy can be implemented from the time of initiating the case, throughout the investigation process. To do this, the assigned Procurator must closely follow the investigation, promptly issue investigation requests, and conduct a comprehensive investigation. In some necessary cases, the Procuracy directly investigates according to the provisions of the Criminal Procedure Code: Questioning the accused; taking witness statements; conducting confrontations; with the purpose of consolidating evidence and objectively assessing the case, the Procuracy has the right to decide to apply, change, or cancel preventive measures according to the provisions of law such as: Arrest, temporary detention, temporary detention, prohibition from leaving the place of residence, and bail. Procedural measures and procedural acts as prescribed by the Criminal Procedure Code must be approved by the Procuracy, such as: Arrest warrant in emergency cases; decision to extend temporary detention; decision to prosecute the accused; arrest warrant for temporary detention... The Procuracy considers and decides to approve or not approve.

Feature 2: The activities of the Procuracy strictly comply with the provisions on order and procedures prescribed by law.

The exercise of the right to prosecute must be carried out in accordance with the order and procedural rules prescribed by law. In order to ensure that all activities of the Procuracy are carried out independently and only comply with the law, without interference, but at the same time, they are also supervised by many other entities regulated inside and outside the proceedings.

Feature 3: Activities of the Prosecutor's Practice of Prosecution Rights

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