Factors Ensuring the Application of Law in the Practice of the Right to Prosecute at the Investigation Stage of Drug Crimes by the People's Procuracy of the


related to have a way to handle the case. In case of finding sufficient evidence and documents to determine the criminal act, the offender, the crime..., the People's Procuracy shall issue a decision to prosecute the accused for drug crimes before the Court by indictment. The indictment is an official legal document deciding to bring a person who has committed a drug violation that the criminal law considers a crime to the Court for trial.

- Decide to temporarily suspend investigation, suspend investigation, resume investigation of case, suspect and search for suspect according to law provisions.

According to the provisions of the Criminal Procedure Code, after the Investigation Agency finishes investigating drug cases, it will transfer the case file to the Procuracy for prosecution. If, after studying the case file, it is found that the defendant has a mental illness or other serious illness with certification from the Forensic Examination Council; or if the defendant has fled and his whereabouts are unknown, the Procuracy will issue a decision to temporarily suspend the case.

In case the person who requested prosecution withdraws the request as prescribed in Clause 2, Article 105 of the Criminal Procedure Code or there is one of the grounds for not initiating a criminal case as prescribed in Article 107 of the Criminal Procedure Code; or when there is a ground prescribed in Article 19, Article 25, Clause 2, Article 69 of the Criminal Code, the Procuracy shall issue a decision to suspend the case.

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The investigation agency also has the right to suspend the investigation of the case and the accused, but must always be placed under the supervision of the Procuracy. Through the supervision, if the Procuracy discovers that the suspension is groundless and illegal, the Procuracy has the right to request the investigation agency to cancel it to resume the investigation or issue a decision to cancel it and request the investigation agency to resume the investigation.

When discovering that the accused has absconded or the accused's whereabouts cannot be determined, the People's Procuracy has the right to request the Investigation Agency to issue a wanted notice.

Factors Ensuring the Application of Law in the Practice of the Right to Prosecute at the Investigation Stage of Drug Crimes by the People's Procuracy of the

Thus, with the ADPL contents in the THQCT at the investigation stage of the People's Procuracy for drug crimes as presented above, it shows that, according to the provisions of law, in the practice of the right to prosecute and supervise compliance with the law at the investigation stage for drug crimes, the People's Procuracy is the agency conducting the investigation.


Prosecution plays a leading and decisive role in criminal cases in general and drug crimes in particular.

1.3. Factors ensuring the application of law in the practice of prosecution rights at the investigation stage of drug crimes by the People's Procuracy at all levels in Nghe An province

Guarantee in the most general sense is "to make sure that something is done" . ADPL in the practice of the right to prosecute at the investigation stage of drug crimes by the People's Procuracy at all levels in Nghe An province is a complex activity, directly affecting the rights of citizens. Ensuring ADPL in the practice of the right to prosecute at the investigation stage of drug crimes by the People's Procuracy at all levels in Nghe An province, in our opinion, must meet the following guarantees.

1.3.1. Legal guarantees

ADPL in the practice of the right to prosecute at the investigation stage of drug crimes of the People's Procuracy at all levels of Nghe An province is a form of law enforcement between the criminal and the offender on one side and the prosecution agency authorized by the State to handle criminal liability against the offender on the other side. The legal basis for ADPL in the practice of the right to prosecute is the Penal Code, the Criminal Procedure Code and other legal documents related to drug crimes. The more complete the legal basis, the more guaranteed ADPL in the practice of the right to prosecute at the investigation stage of the People's Procuracy in general for drug crimes in particular. The most important basis of ADPL in the practice of QCT at the investigation stage of drug crimes is the Criminal Procedure Code and the Criminal Procedure Code.

Regarding the Penal Code: This is the only legal document regulating crimes and penalties for drug-related crimes. Completing the provisions of the Penal Code is the most important factor in terms of the legal basis for ADPL activities in the investigation of drug crimes of the People's Procuracy as well as ADPL in the practice of prosecution rights in the investigation stage of drug crimes of the People's Procuracy at all levels of Nghe An province. In our country, since gaining independence, the Party and the State have paid attention to building and perfecting criminal law, therefore, Criminal law has always been a branch of law that has been codified.


Earlier than other branches of law, the 1985 Penal Code is the result of that process. Implementing the provisions of the 1985 Penal Code has contributed to suppressing criminals in general as well as drug crimes, thereby maintaining political security, social order and safety; protecting the legitimate rights and interests of the State, organizations and citizens. However, in response to the requirements of the fight against crime in the new situation, the 1985 Code is no longer suitable, so the 1999 Penal Code was issued to replace the 1985 Code. Chapter XVII stipulates drug crimes including 10 articles. This is considered a great step forward in the legislative level of our State. The provisions of the 1999 Penal Code have clearly and specifically defined crimes as well as drug crimes. This is an important legal basis for the application of criminal law in general, ADPL in practicing the right to prosecute at the investigation stage for drug crimes in particular.

Regarding the Criminal Procedure Code. This is a legal document regulating issues related to the competence, order, and criminal ADPL procedures of the agencies conducting the proceedings, including the Supreme People's Procuracy at the investigation stage of the People's Procuracy for drug crimes. Similar to the Penal Code, the Criminal Procedure Code has always been of interest to our Party and State in building and perfecting. The 1988 Criminal Procedure Code is the first Code to comprehensively regulate issues related to procedural procedures for resolving a criminal case. In the current conditions, in response to the requirements of the fight against crime in general and drug crimes in particular, the 1988 Criminal Procedure Code is no longer suitable and has many limitations. In 2003, the National Assembly passed the new Criminal Procedure Code, effective from July 1, 2004. The Code was promulgated on the basis of inheriting the reasonable core of the 1988 Criminal Procedure Code and institutionalizing the guiding viewpoints of the Party and State on judicial reform, aiming to perfect and improve the quality of investigation, prosecution, trial, and execution of criminal sentences, meeting the requirements of the fight against crime in the new situation, ensuring and protecting the basic rights of citizens in criminal procedure.


In addition to the Penal Code, the Criminal Procedure Code, the legal basis of ADPL in practicing the right to prosecute at the investigation stage of the People's Procuracy for drug crimes, there are many other documents related to the prevention and control of violations and drug crimes such as: the Civil Code; the Law on Drug Prevention and Control; the Ordinance on Handling of Administrative Violations and especially the documents guiding the implementation of ADPL provisions in the chapter on drug crimes, documents guiding the implementation of the Criminal Procedure Code, especially documents of the Central Judicial agencies. Although they are sub-law documents, these documents play an important role in ensuring the effectiveness of ADPL activities in practicing the right to prosecute at the investigation stage of the People's Procuracy for drug crimes. Especially in the current situation, the Penal Code and the Criminal Procedure Code still have many provisions that are not specific, and are general principles that are very difficult to implement.

1.3.2. Organizational assurance

An organization is a combination of many people to achieve common goals. A strong organization requires strong people. Conversely, people in a strong organization will have the conditions and environment to fully develop their abilities and thus make them stronger.

From the above viewpoint, organizational assurance is one of the most important guarantees for ADPL in the practice of prosecution rights at the investigation stage of the People's Procuracy for crimes in general, and drug crimes in particular. The role of ensuring the organization of ADPL in the practice of prosecution rights at the investigation stage of the People's Procuracy for drug crimes is carried out in:

- The Supreme People's Procuracy, in its practical direction and administration, has always paid attention to building and perfecting its apparatus, clearly defining the structure, functions and tasks of the Departments, Divisions, Institutes... to adapt to each historical period, in accordance with the Constitution and the Law on Organization of the People's Procuracy each time the National Assembly and the State issue new or amend and supplement those documents. In particular, to ensure the principle of centralized and unified direction of the entire sector by the Chief Justice of the Supreme People's Procuracy, while ensuring the principle of democratic centralism, promoting the role of the Procuracy Committee according to the law,


The Supreme People's Procuracy has paid great attention to selecting members of the Committee, ensuring that members have professional capacity and political courage.

With the important role of the Supreme People's Procuracy, the sector always performs the functions and tasks assigned by the Party, State and people, while ensuring the whole sector operates in unity and coordinates with judicial agencies to effectively combat crimes and drug-related crimes.

- The People's Procuracy of provinces and centrally-run cities has an important position and role in the organizational structure of the People's Procuracy. All policies and guidelines of the Party, laws of the State, and direction and management of the Chief Justice of the Supreme People's Procuracy must first be approved by the activities of the People's Procuracy at these levels. The position and role of the People's Procuracy of provinces and centrally run cities are guaranteed in terms of organization and complete organizational structure, including the role of the leadership of the institute, professional departments as well as the team of cadres and prosecutors with professional expertise and strong political qualities, then the People's Procuracy of provinces and centrally run cities will perform well the functions and tasks of the sector in the current conditions of innovation and integration. The timely completion of the organization and building of a team of cadres and prosecutors with good qualities and abilities will promote an important role in ensuring the implementation of the law in the investigation stage of all types of crimes, including drug crimes.

In the organizational structure of the People's Procuracy. The district-level People's Procuracy is considered the grassroots level, therefore the organization of the district-level People's Procuracy is very tight, especially now that according to the TTHS, the first-instance jurisdiction of the district-level Court has been expanded to 15 years, so it is necessary to ensure the organization to perform the functions of the sector, including ensuring ADPL in THQCT at the investigation stage for crimes, especially drug-related crimes.

- Our Party's viewpoint considers the human factor to play an important role in the revolutionary cause. Therefore, to ensure the quality of ADPL in practicing the right to prosecute at the investigation stage of the People's Procuracy for drug crimes, it is necessary to


must build a team of cadres and KSV directly performing tasks and powers in this field.

- The organizational guarantee factor in ADPL THQCT at the investigation stage of the People's Procuracy for drug crimes is also shown in the level of completion of the organization and operation of other judicial agencies, especially the Investigation Agency, Courts at all levels as well as the coordination mechanism of these agencies.

In addition, in the criminal case settlement stage of drug crimes, there is also the extremely important participation of many other agencies such as: Appraisal Organization, Lawyers, Valuation Agency... The organizational quality of this agency is also an organizational factor in ensuring ADPL in THQCT at the investigation stage of the People's Procuracy for drug crimes.

1.3.3. Other warranties

- Supervision by the National Assembly, People's Councils, as well as social organizations and people over ADPL activities in the administrative procedure of the People's Procuracy.

This is one of the important factors ensuring the ADPL in the legal proceedings of the People's Procuracy, as well as the entire system of judicial agencies. On the one hand, it demonstrates the openness, democracy and transparency in the activities of the agencies conducting the proceedings, the prosecutors, including the People's Procuracy; on the other hand, it promotes the combined strength of agencies, elected representatives and the whole society in the fight against crime, ensuring that all criminal acts are detected and handled strictly and promptly, ensuring that cases are resolved in accordance with the law, avoiding injustice and mistakes. In the current judicial reform, our Party and State pay great attention to this issue, considering it an important solution to improve the quality of judicial work in our country. Resolution 08-NQ/TW dated January 2, 2002 of the Politburo affirms: Strengthening the supervision of the National Assembly, People's Councils, social organizations and citizens over judicial work. The supervision of the National Assembly and People's Councils over judicial agencies focuses on law enforcement in the fields of arrest, detention, temporary detention, prosecution, trial and execution.


Judicial review and supervision of the promulgation of legal documents in the judicial field...

Institutionalizing the Resolution of the Politburo, the 2003 Criminal Procedure Code amended and supplemented Article 8 of the 1988 Criminal Procedure Code into one article (Article 23) on the supervision of agencies, organizations, and elected representatives over the activities of prosecution agencies and prosecutors. This is considered a principle of criminal proceedings. The content of the article reflects the following issues:

Firstly, it regulates the scope and content of supervision by agencies, organizations and elected representatives when exercising the right to supervise the activities of agencies conducting proceedings. Accordingly, State agencies, the Vietnam Fatherland Front Committee, member organizations of the Front and elected representatives have the right to supervise the activities of agencies conducting proceedings and persons conducting proceedings.

Second , it stipulates the legal measures of agencies, organizations, and elected representatives when exercising the right to supervise the activities of prosecution agencies, that is: If illegal acts of prosecution agencies and prosecutors are discovered, State agencies and elected representatives have the right to request, the Vietnam Fatherland Front Committee, and member organizations of the Front have the right to make recommendations to competent prosecution agencies according to the provisions of the 2003 Criminal Procedure Code.

Third, it stipulates the responsibilities of the prosecution agencies and prosecutors to consider, resolve, and respond to petitions and requests from elected agencies and organizations according to the provisions of law.

- Management, direction and inspection work in the People's Procuracy.

Supervision by the National Assembly and People's Councils as well as social organizations and the people are forms of external supervision. In theory, these are forms that bring great efficiency, but in reality, these forms have not brought about the desired efficiency. Because: First, the quality of activities of agencies and elected representatives has not yet met the requirements. In reality, the National Assembly and People's Councils


The people mainly exercise their right to supervise through reviewing reports of judicial agencies, including the People's Procuracy, at their sessions; through questioning National Assembly deputies and People's Council deputies at sessions of these two agencies with the heads of judicial agencies. In the condition that the majority of elected representatives have not been improved and are still heavily structured, it is clear that the quality of supervision by elected agencies is still an unsolved problem. Secondly, the intellectual level of our people is generally low, and furthermore, the political awareness and sense of responsibility of citizens to society are not high, so the supervision activities of social organizations and the people have not yet met the practical requirements.

Therefore, strengthening the management, direction and inspection work in the Procuracy sector is considered a particularly important factor to ensure the implementation of legal aid in the investigation stage of the People's Procuracy. If the supervision of the National Assembly, the People's Council, social organizations and the people is considered a form of external supervision, then this is considered a form of internal supervision. Combining these two forms of supervision well will be an important factor to ensure the implementation of legal aid in the investigation stage of the People's Procuracy.

There are also many other factors that ensure the effectiveness of ADPL in the investigation stage of the People's Procuracy. These include strengthening the material facilities and perfecting the regime and policies for cadres and prosecutors; strengthening the Party's leadership over the activities of the Procuracy in general and ADPL activities in the investigation stage in particular; strengthening inter-sectoral coordination in resolving criminal cases...


Chapter 1 Conclusion


With the content that the author presented in 3 sections of Chapter 1, the author focused on analyzing and explaining the most basic theoretical issues about drugs, drug crimes, and law enforcement, such as the concept and characteristics of ADPL; analyzing different viewpoints on the right to prosecute, the practice of the right to prosecute of the People's Procuracy at the investigation stage in general and the practice of the right to prosecute at the investigation stage for drug crimes in particular, thereby presenting the researcher's viewpoint on these concepts. The general perceptions of the right to prosecute and the practice of the right to prosecute at the investigation stage are the basis for the author to analyze and clarify the concept, characteristics and stages of the law enforcement process in the practice of the right to prosecute at the investigation stage of the People's Procuracy for drug crimes. In addition, the thesis also analyzes in depth the factors ensuring the quality of ADPL in the practice of the right to prosecute at the investigation stage of the People's Procuracy in general and drug-related crimes of the People's Procuracy at two levels of Nghe An province in particular, especially the legal guarantees and organizational guarantees. These are the top important factors to improve the quality of ADPL in the practice of the right to prosecute at the investigation stage of the People's Procuracy for drug-related crimes of the People's Procuracy at two levels of Nghe An province.

The perceptions presented in chapter 1 are the basis for analyzing and evaluating the current status of ADPL in practicing the right to prosecute at the investigation stage of drug crimes of the two-level People's Procuracy of Nghe An province at present.


Chapter 2

The current status of law enforcement in the practice of prosecution rights at the investigation stage of drug crimes by the People's Procuracy at all levels of Nghe An province

(from 2004 to 2008)


2.1. Natural, economic, social characteristics and organizational structure of the People's Procuracy in Nghe An province

2.1.1. The natural, economic and social conditions of Nghe An province have an impact on the application of law in the practice of prosecution rights at the investigation stage of drug crimes.

- Regarding natural conditions : Nghe An is located in the North Central region of Vietnam, 300 km south of Hanoi. The East borders the East Sea, the West borders the Lao People's Democratic Republic, the 419.5 km long border is adjacent to three Lao provinces: Xieng Khouang, Hua Phan, and Po Ly Kham Xay, with 2 border gates (Nam Can - Ky Son, Thanh Thuy - Thanh Chuong). The natural area is 16,487.29 km2 (the largest in the country). Of which, agricultural land is 251,202 ha, forestry land: 1,178,182.2 ha. The mountainous area of ​​the province alone has a natural land area of ​​13,743 km2 (accounting for 83.4%). The South borders Ha Tinh, the North borders Thanh Hoa, has a very convenient transportation system including National Highway 1A and a railway connecting the North and South, with an airport, port, and border gate opening to the ocean and to Laos very conveniently.

Nghe An has a population of over 3.1 million people, of which 430,000 are ethnic minorities, and 1.5 million are of working age. Nghe An has 20 administrative units (including 17 districts, Vinh city, Cua Lu and Thoi Hoa towns), 478 wards and towns; 11 mountainous districts and towns. Vinh is the provincial capital of Nghe An, the economic and cultural center of the North Central region.

- Regarding socio-economic development : In general, in recent years, the socio-economic development in Nghe An has made quite a step forward. From 2004 to now, the average annual GDP growth rate has been from 9-10.6%, and the local budget revenue is higher year after year.


(in 2008, the budget revenue was 2,400 billion VND), the annual educational level of the people is raised, however, compared to the whole country, Nghe An is still a poor province, the main production is still agriculture, forestry and fishery, industrial production is still small. Therefore, the average income per capita is low, the unemployment rate is high, the speed of social stratification and the division between rich and poor in the renovation process is taking place quickly, especially between urban and rural areas, between the lowlands and the mountains, between the plains and the midlands, between agriculture and industry...

Geographical, compositional, and demographic issues are not only basic favorable factors for socio-economic development, but also favorable factors for drug criminals to take advantage of their activities to complicate the drug situation in the whole province. Especially the activities of smuggling drugs from abroad into the border area, and transporting drugs from Nghe An to areas inside and outside the province.

2.1.2. Organizational structure and apparatus of Nghe An Provincial People's Procuracy

An

Nghe An Provincial People's Procuracy is directly under and under the unified direction of the Ministry of Information and Communications.

of the Supreme People's Procuracy; the organizational structure includes 20 district, town and city People's Procuracies and 12 professional departments under the provincial People's Procuracy. The entire Nghe An provincial People's Procuracy has 275 positions (78 at the provincial level, 197 at the district level), of which 78 are female (28.3%), 197 are male (71.6%), and 24 are ethnic minorities (0.8%). There are 50 provincial prosecutors, 140 district prosecutors; 4 chief technicians; 32 technicians (16 in the province, 16 in the district); 17 A1 specialists (14 in the district, 3 in the province); 19 Ao specialists (2 in the province, 17 in the district); 7 employees (6 in the province, 1 in the district); accounting 6 (in province 2, in district 4);

Professional qualifications: Nghe An Procuracy currently has 5 comrades with master's degree in law (4 at provincial level, 1 at district level); 213 comrades with bachelor's degree in law (59 at provincial level, 154 at district level); 34 comrades with bachelor's degree in law (4 at provincial level, 30 at district level); 8 with intermediate level; 15 with other majors (4 university, 1 college, 6 with intermediate level, 4 with type C); currently 2 comrades are studying for master's degree in law.

Political qualifications of bachelor and senior political level are 29 comrades (10 at provincial level, 19 at district level); equivalent to intermediate level is 185 comrades.


Nghe An Provincial People's Procuracy has 3 divisions performing the function of exercising the right to prosecute - supervise investigation, supervise first-instance criminal trials; 1 division performing the right to prosecute, supervise second-instance trials, review and re-trial criminal cases and other divisions performing the functions and tasks as prescribed by law.

At the district-level People's Procuracy, the organizational structure has 3 professional departments, which are: Department of practicing the right to prosecute - Investigative supervision, criminal trial; Department of supervision to resolve civil - administrative - labor cases and other matters according to the provisions of law and Procuracy of execution of judgments; office department and petition settlement. In which, the criminal supervision department has from 3 to 6 comrades, in particular, at the Vinh City People's Procuracy, it can be up to 20 comrades, depending on the characteristics and requirements of each unit's tasks, the criminal supervision department can handle all types of cases, including drug-related crimes.

2.2. Current status of law enforcement in practicing the right to prosecute at the investigation stage of drug crimes by the People's Procuracy at all levels in Nghe An province (from 2004 to 2008)

In recent years, ADPL activities in practicing the right to prosecute at the investigation stage of the People's Procuracy in general and applying the law in practicing the right to prosecute at the investigation stage for drug-related crimes of the People's Procuracy at all levels of Nghe An province have achieved remarkable results, contributing significantly to the fight against crime, protecting political security, social order and safety, protecting State interests, protecting life, health, honor, dignity, protecting property, rights and legitimate interests of organizations and individuals.

2.2.1. Results of law application in practicing the right to prosecute at the investigation stage of drug crimes by the People's Procuracy at all levels of Nghe An province and the reasons for the achievements

In recent years, the People's Procuracy in Nghe An province has had to handle a relatively large number of drug crime cases, many complicated cases involving subjects in Laos and provinces and cities across the country. The two-level People's Procuracy of Nghe An province has

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