Proficiency in operations and professional skills in investigation, prosecution and trial of cases of infringement of State intellectual property rights. To achieve the above results, it is required that leaders of investigation agencies, prosecutors and courts pay due attention to fostering specialized skills and legal knowledge for investigators, prosecutors and judges. Training and fostering must be conducted regularly and continuously on the topic of protecting State intellectual property rights in appropriate forms, such as: Opening specialized training courses on State intellectual property rights, protection of State intellectual property rights; investigating, prosecuting and trying crimes of infringement of State intellectual property rights; organizing specialized seminars on investigation, prosecution and trial of crimes of infringement of State intellectual property rights to exchange and discuss good experiences, difficulties and obstacles in order to improve the effectiveness of investigation, prosecution and trial of crimes of infringement of State intellectual property rights.
The training and retraining content should focus on training new legal documents, directives of the Party and the State on national security, the work of protecting national security; skills in investigating, prosecuting and trying crimes against national security; drawing experience in investigating, prosecuting and trying for the team of investigators, prosecutors and judges; answering professional questions or difficulties in the practical application of criminal law on crimes against national security; at the same time, training on new knowledge related to the work of investigating, prosecuting and trying crimes against national security, especially new tricks in buying and selling and appropriating national security that are causing frustration in the current situation. After training and retraining, there must be testing and evaluation to promote research and study of professional tasks.
Third, training and fostering must be associated with strengthening discipline and public order, raising the sense of responsibility in performing the duties of cadres directly involved in investigating, prosecuting and trying cases of violating the State's intellectual property rights; promptly encouraging, motivating and rewarding collectives and individuals with outstanding achievements in investigating, prosecuting and trying this type of crime.
At the same time, strictly handle violations of the law, violations of professional ethics, and negative acts in the investigation, prosecution, and trial of crimes against national security to create fairness and motivation to improve quality, ensuring harmonious and synchronous development of the staff directly doing this work.
3.2.3. Improve the quality of law enforcement in the investigation, prosecution and trial of crimes against state secrets.
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Applying the law in the investigation, prosecution and trial of crimes against national security is an important activity, requiring officers directly doing this work to improve their sense of responsibility, legal qualifications and professional capacity to improve the effectiveness of law application in the investigation, prosecution and trial of crimes against national security:
Firstly, review the qualifications and capacity of the team of investigators, prosecutors, and judges; evaluate and classify their ability to handle practical work to propose appropriate training, arrangement, and assignment measures. In the investigation, prosecution, and trial of cases of infringement of the State's intellectual property rights, the sense of responsibility and legal capacity of the subjects conducting the proceedings are extremely important factors to ensure the full and accurate application of the law; create prestige for the investigation agency, the prosecution, and the court.
Second, the staff directly involved in investigating, prosecuting and adjudicating crimes against national security must always study, learn and improve their knowledge about national security, protecting national security, and criminal law provisions on crimes against national security in order to apply the law accurately, objectively and comprehensively. To determine the crime, prosecute and try the right person, the right crime, the right law and decide the right punishment, the staff involved in investigating, prosecuting and adjudicating must have knowledge about national security, a firm grasp of the provisions of the law on protecting national security, the list of national security, and provisions of criminal law on crimes against national security.
The basis for determining whether there is a crime or not, who committed the crime; the level of harm, the safety of the State, the violated subject... to determine the exact crime. The result of determining the exact crime is an important premise for prosecuting and trying the right person, the right crime, the right law and deciding on the appropriate punishment.
For example: The subject of violation in Article 327 of the Penal Code is military secrets, military secret documents, while the subject of violation in Article 263 is state secrets, state secret documents. The difference in the subject of violation helps us distinguish the crimes between the two above-mentioned articles, and is also an important criterion (sign) to determine the jurisdiction of the Court to resolve and adjudicate.
Or the act of intentionally revealing state secrets with the purpose of providing them to foreign countries or others to use those state secrets against the people's government is a crime of "espionage" as prescribed in Article 80 of the Penal Code.
Depending on the purpose or motive of the illegal purchase, destruction or appropriation of State secret documents for the purpose or motive of opposing the people's government, the corresponding crime can be determined: The act of destroying State secret documents with the aim of assisting foreign reactionaries or domestic reactionary organizations in activities against the socialist regime and the Socialist Republic of Vietnam constitutes the crime of "Treason against the Fatherland" as prescribed in Article 78 of the Penal Code.
Third, assign competent investigators, prosecutors, and judges with professional qualifications and experience to handle investigations, prosecute, and try cases of infringement of State secrets. As analyzed above, determining information, documents, and objects as State secrets in cases of infringement of State secrets is a difficult issue and there are many different views on determining the crime, because many agencies and units when releasing confidential documents do not identify, stamp the level of confidentiality, or stamp the level of confidentiality higher than the regulations. Therefore, it requires officers directly involved in investigation, prosecution, and trial
Those who handle cases of infringement of national security must be people with the capacity and experience to investigate, prosecute and try this type of crime to ensure that cases of infringement of national security are investigated, prosecuted and tried accurately and in accordance with the law, without exceeding the statutory time limit, being backlogged or prolonged; without wrongful trials or letting criminals escape.
Fourth, raise awareness of professional capacity for the team of cadres directly involved in investigating, prosecuting and adjudicating cases of violating the State's intellectual property rights: Each investigator, prosecutor and judge must always grasp, perceive and fully perform the functions and duties of an investigator, prosecutor and judge and the functions and duties of their sector. Grasping the functions and duties helps cadres involved in investigating, prosecuting and adjudicating crimes of violating the State's intellectual property rights to identify the relationship between authority and responsibility when performing their duties; forcing these cadres to link the responsibilities of the sector and individuals with the work they are doing. On the other hand, fully understanding and perceiving the functions and tasks of the police, prosecution and court sectors not only ensures that all violations of criminal law on the protection of national security are detected and handled promptly, contributing to ensuring socialist legality, but also perfects the legal system on the protection of national security and criminal law regulating crimes against national security. In addition, having the above factors will help cadres directly involved in the investigation, prosecution and trial of crimes against national security to have proposals, decisions and application of the law correctly, proactively, flexibly and creatively.
Fifth, strengthen the leadership and direction of Party committees at all levels in investigation agencies, procuracies, and courts in the investigation, prosecution, and trial of cases of violations of the State's sovereignty: The Party's leadership of the State and society is a fundamental principle recognized in the Constitution. The activities of investigation agencies, the People's Procuracy, the People's Court, as well as the activities of agencies in the state apparatus, are all under the leadership of the Party.
Practice shows that wherever the Party's guidelines, policies and guidelines are fully and deeply implemented, ensuring the direct and comprehensive leadership of the Party Committee, and the Party's grassroots are clean and strong, that place will fulfill its functions and tasks well. The problem is that in order to improve the quality of law enforcement in investigation, prosecution and trial activities, it is necessary to strengthen the leadership role of the Party Committee in terms of guidelines, policies and guidelines, not to deeply interfere in the professional expertise of investigation, prosecution and trial, helping the staff of investigation, prosecution and trial agencies to perform their functions and tasks in accordance with the Party's guidelines and guidelines and the State's laws. In order to apply the law in the investigation, prosecution and trial of crimes against national security in the right direction and with high quality, it is necessary to strengthen the Party's leadership comprehensively by thoroughly grasping, grasping and creatively applying the Party's guidelines on the protection of national security, the Resolution of the Party Committee on the investigation and handling of this type of crime; at the same time, it is necessary to regularly report on the progress and results of the investigation to gain the leadership and direction of the Party Committee in implementing the investigation plan and resolving the case, especially cases of particularly serious violations of national security, cases of public interest.
3.2.4. Strengthening coordination between judicial agencies in investigating, prosecuting and trying crimes against state secrets
To improve the effectiveness of the application of the provisions of the Penal Code on crimes of violating national security, and strictly handle violations of the law on protecting national security, the investigation agency, the prosecutor's office, and the court need to strengthen coordination in the process of investigating, prosecuting, and trying cases of violating national security, specifically:
Firstly, the investigation agency, the prosecutor's office, and the court need to thoroughly understand the importance of the State's secrets and the significance of protecting the State's secrets to all investigators, prosecutors, and judges to raise awareness.
for this team of cadres about the importance and task of protecting the national defense in the current situation.
Second, raise awareness and sense of responsibility for investigators, prosecutors, and judges about the purpose, requirements, content, and significance of the coordination relationship between prosecution agencies in the process of investigating, prosecuting, and trying cases of violating national security.
During the investigation phase of a case of infringement of national security, litigation activities are carried out by litigants such as investigators and prosecutors. They are all specific people, so they cannot be outside the influence of subjective and objective factors. These are factors related to qualifications, abilities, experience, courage, social factors such as living environment, social fluctuations, crime situation, economic recession... These factors all have a certain influence, impact on determining the objective truth of the case, such as: one-sidedness, conservatism, bias, overemphasis on subjective consciousness... leading to non-objective assessment of evidence, falsification of evidence, and falsification of records. Therefore, at this stage, there must be coordination between the investigation agency and the prosecutor's office to ensure objectivity and accuracy in the process of resolving cases of infringement of national security; respect the rights and legitimate interests of citizens, avoid wrongful convictions and omission of criminals and offenders.
During the prosecution and trial stages, the prosecutor and the court coordinate to discuss and resolve difficulties and problems before deciding to bring the case to trial. The prosecutor coordinates with the judge to examine documents, evidence, and procedural procedures of the case to limit the return of files for further investigation.
At the same time, through the performance of their functions and tasks, the prosecuting agencies need to coordinate and agree on recommendations with relevant ministries and branches on information and document management, network management, and storage of state secrets... to prevent the disclosure and loss of state secrets.
Third, research and complete the organization of the investigation agency, the procuracy, and the court to be appropriate and scientific according to Conclusion No. 92-KL/TW dated March 12, 2014 of the Politburo on continuing to implement Resolution No. 49-NQ/TW dated June 2, 2005 of the 9th Politburo on "Judicial reform strategy to 2020". Accordingly, streamline the investigation agency's focal points, ensure efficiency, economy, and no overlapping tasks; implement the policy of organizing people's courts and people's procuracies according to trial levels, regardless of administrative units.
Improve the quality and efficiency of the activities of the investigation agencies, the procuracy and the court in investigating, prosecuting and trying cases of violating the State's intellectual property rights as well as the professional qualifications, skills and sense of responsibility of the team of cadres, investigators, prosecutors and judges to ensure proactiveness, flexibility and creativity in the coordination between these three agencies.
Fourth, the investigation agencies, the procuracy, and the court need to coordinate closely with each other in the work of information, propaganda, and legal education to raise awareness of all classes of people in protecting national secrets. The Ministry of Public Security is the agency that assists the Government in performing the function of state management on the protection of national secrets. It needs to proactively advise ministries, branches, and localities on effective measures to manage and use national secrets in accordance with the provisions of law; have a plan to inspect and examine the implementation of legal provisions on the protection of national secrets for ministries, branches, and localities to propose remedies for loopholes and shortcomings in the organization and implementation of national secrets protection work to minimize the exposure and loss of national secrets. The People's Court does a good job of informing and propagating the results of handling and trying cases of violating national secrets on the mass media to prevent and deter this type of crime.
Fifth, the three sectors of the Public Security, the Procuracy, and the Court must regularly exchange information and hold inter-sectoral meetings to find measures to promote the progress of resolving cases.
cases of infringement of State intellectual property rights; resolve difficulties, proposals and recommendations of each sector in the investigation, prosecution and trial of crimes of infringement of State intellectual property rights; regularly coordinate to organize training courses and seminars on the investigation, prosecution and trial of crimes of infringement of State intellectual property rights so that investigators, prosecutors and judges can grasp the skills and professional operations, and promote their abilities and capacities. Through training courses, seminars and seminars to improve legal knowledge and skills in investigation, prosecution and trial of crimes of infringement of State intellectual property rights.
3.2.5. Strengthening inspection, examination, professional guidance, preliminary and final reviews in investigation, prosecution and trial of crimes against state secrets.
Inspection, examination, professional guidance, preliminary and final summaries are indispensable tasks in the investigation, prosecution and trial of crimes against national security. Doing this work well contributes to improving the effectiveness of law enforcement and the professional qualifications of officials, investigators, prosecutors and judges; and reducing wrongful convictions and missed crimes. To do this work well, the following tasks must be implemented:
Firstly, the work of inspection, examination, and guidance on professional investigation, prosecution, and trial of crimes against the State must be conducted regularly and periodically. In special cases, surprise inspections and examinations must be conducted. When conducting inspections and examinations, it is necessary to combine professional guidance for investigators, prosecutors, and judges directly performing the tasks of investigation, prosecution, and trial. The work of inspection and examination must meet the requirements of detecting errors and negative practices in the process of investigation, prosecution, and trial of crimes against the State. From there, timely corrections are made, and serious violations are not allowed to occur. If violations are discovered through inspection and examination, investigators, prosecutors, and judges show negative signs, and are not allowed to do so.