Procuracy investigates rape case of person under 16 years old from Dong Nai province practice

There is no research on the content of "supervision of investigation activities for rape cases of people under 16 years old" and associated with a certain area such as Dong Nai province. Therefore, research on this issue is a new research direction. In the process of researching the topic, the author inherits the general theoretical and practical values for the supervision and investigation activities of the People's Procuracy in the investigation phase of rape cases of people under 16 years old.

3. Research purpose and research tasks

- Research purpose: Based on the research and clarification of theoretical issues and provisions of criminal procedure law on investigation and prosecution and implementation practices in Dong Nai province, the thesis has proposed solutions to contribute to improving the effectiveness of investigation and prosecution of rape cases of people under 16 years old in Dong Nai province.

- Research tasks: To achieve the above objectives, during the thesis research process, it is necessary to solve the following tasks:

+ Reveal theoretical issues about the investigation and prosecution activities of the Procuracy such as: concept, characteristics, content and scope of investigation and prosecution activities in rape cases of people under 16 years old.

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+ Leaking the provisions of Vietnamese criminal procedure law on the investigation and supervision work of the Procuracy in cases of rape of people under 16 years old.

+ Research, analyze, and evaluate the current status of the investigation of rape cases of people under 16 years old by the People's Procuracy in Dong Nai province based on analyzing practical data to draw out the advantages and limitations in practical application and the causes of the limitations.

+ Propose solutions to contribute to improving the effectiveness of investigation activities in rape cases of people under 16 years old in practice.

4. Research object and scope

- Research object : The topic studies theoretical issues, criminal procedure law regulations on the investigation of rape cases of people under 16 years old and the practice of investigation of rape cases of people under 16 years old from the reality of Dong Nai province, thereby proposing solutions to contribute to improving the effectiveness of investigation of rape cases of people under 16 years old.

- Research scope:

+ Regarding research space: is the field of investigation of the rape case of a person under 16 years old that occurred in Dong Nai province.

+ About time: The thesis is researched based on actual summary data in Dong Nai province from 2016 - 2020.

5. Theoretical basis and research methods

- Theoretical basis: The thesis is researched based on dialectical materialism and historical materialism of Marxism - Leninism, Ho Chi Minh thought; the viewpoints of our Party and State on socialist legal system in the fight against crime, basic principles of legal science, criminal investigation science, basic theoretical issues on crime in general and the crime of rape of people under 16 years old in particular.

- Research method:

- Analysis and synthesis method: Research legal documents, documents, records, summary reports; discuss with Prosecutors and Investigators with a lot of practical experience in handling and resolving rape cases of people under 16 years old, thereby synthesizing, analyzing, comparing and drawing specific conclusions.

+ Systematization, statistics, comparison, and typical selection methods : combining theoretical research with practice, from summarizing practical experiences in KSĐT to making recommendations and solutions to improve

The effectiveness of the investigation of the rape case of a person under 16 years old by the People's Procuracy of Dong Nai province.

6. Theoretical and practical significance of the thesis

- Theoretical significance: The research results of the thesis can be used as reference materials for research and teaching in Procuracy schools to meet the requirements of constantly improving the quality of criminal investigation and prosecution work of the People's Procuracy.

- Practical significance: The thesis studies and analyzes the investigation activities of the rape case of a person under 16 years old in Dong Nai province. Therefore, based on the solutions presented in the thesis, the Investigation Agency and the People's Procuracy at two levels in Dong Nai province can refer to and apply in practice, apply in the investigation activities of criminal cases in general and rape cases of people under 16 years old in particular or in the investigation process of rape cases of people under 16 years old in general.

7. Structure of the thesis

The thesis is structured by the author, in addition to the content, it also includes an introduction, conclusion, and list of references, in which the thesis content is structured into 3 chapters as follows:

Chapter 1: Theoretical issues and legal regulations on prosecution and investigation of rape cases of people under 16 years old

Chapter 2: Current status of prosecution investigation of rape cases of people under 16 years old in Dong Nai province

Chapter 3: Solutions to improve the quality of investigation and prosecution of rape cases of people under 16 years old in Dong Nai province.

Chapter 1

THEORETICAL ISSUES AND LEGAL PROVISIONS ON SUPERVISION AND INVESTIGATION OF RAPE CASES AGAINST PERSONS UNDER 16 YEARS OLD

1.1. Theoretical issues on the investigation of rape cases of people under 16 years old

1.1.1. Concept and characteristics of prosecution investigation of rape cases of people under 16 years old

1.1.1.1. Concept of prosecutorial investigation of rape cases of people under 16 years old

In addition to the function of exercising the right to prosecute, the People's Procuracy is also assigned to perform the function of supervising judicial activities. Supervising judicial activities in general and investigating prosecution in particular is a constitutional function of the People's Procuracy, a form of state supervision of the judiciary, an activity that demonstrates the power of the state. The purpose of supervising judicial activities is to ensure that the law is strictly and consistently observed in the judicial activities of the subjects.

According to Clause 1, Article 4 of the Law on Organization of the Procuracy 2014, it is stipulated that: Supervision of judicial activities is an activity of exercising State power, assigned by the State to the Procuracy to inspect and supervise the activities of the Prosecution Agency, the Court, the Enforcement Agency and a number of other agencies when assigned to investigate to ensure the legality in the implementation of judicial activities of these agencies.

The investigation of criminal cases is an organized activity, demonstrating the power of the State, conducted by the People's Procuracy according to strict procedures and processes to individualize criminal law and criminal procedure regulations in specific cases and subjects in order to detect violations, promptly make recommendations and requests to relevant agencies in the process of investigating criminal cases, to overcome and correct them to ensure that the settlement of criminal cases is carried out.

implemented in accordance with the provisions of the law. According to the provisions of the Criminal Procedure Code and the Law on the Organization of the People's Procuracy in 2014, the investigation of criminal cases is a "branch" activity of the People's Procuracy in performing the function of supervising the People's Courts, in which the investigation of criminal cases is a specific activity of judicial activities in general.

Thus, based on the concept of the People's Procuracy's supervision, the VAHS's investigation prosecutor can understand that the investigation of the rape case of a person under 16 years old is an activity of exercising state power, assigned by the state to the People's Procuracy to perform certain tasks and powers to inspect and supervise the activities of the Investigation Agency, the agency assigned to conduct a number of investigation activities to investigate the rape case of a person under 16 years old to ensure that the prosecution and investigation activities of these entities are conducted in accordance with the provisions of law.

According to the dictionary of Law: The work of supervising the compliance with the law in the investigation of the Investigation Agency and the agencies assigned to conduct a number of investigation activities through the following specific activities: Supervising the initiation of prosecution, supervising investigation activities; resolving disputes over investigation authority; deciding to apply, change or cancel preventive measures; canceling illegal decisions of the Investigation Agency; requesting the Investigation Agency to remedy violations of the law in investigation activities, change, handle investigators who violate the law; if such violation shows signs of a crime, criminal prosecution is initiated; deciding to suspend or temporarily suspend the investigation, deciding to prosecute the accused; recommending relevant agencies, organizations and units to apply crime prevention measures [21].

Pursuant to the provisions of Article 166 of the 2015 Criminal Procedure Code and Article 15 of the 2014 Law on Organization of the Procuracy, the investigation and prosecution of cases of rape of people under 16 years old are conducted through the following activities: Supervising compliance with the law in the prosecution, investigation and preparation of case files by the Investigation Agency and agencies assigned to conduct a number of investigation activities; Supervising the activities of participants in the proceedings, requesting and recommending relevant agencies, organizations and individuals.

Competence to strictly handle participants in the proceedings who violate the law; Resolve disputes over investigation authority; Request the investigation agency and agencies assigned to conduct certain investigation activities to provide relevant documents to supervise compliance with the law in prosecution and investigation when necessary; Recommend and request the investigation agency and agencies assigned to conduct certain investigation activities to remedy violations in prosecution and investigation; Request the Head of the investigation agency and agencies assigned to conduct certain investigation activities to change investigators and investigation officers; strictly handle investigators and investigation officers who violate the law in litigation activities; Recommend relevant agencies and organizations to apply measures to prevent crimes and violations of the law; Perform other duties and powers in supervising the investigation of criminal cases according to the provisions of the Criminal Procedure Code [24].

Investigation supervision is the activity of the People's Procuracy supervising and inspecting the litigation activities or the participation in litigation activities of relevant subjects at the investigation stage. These activities are carried out by agencies with the authority to investigate crimes. The People's Procuracy supervises compliance with the law, inspects the legality and validity of the acts and litigation decisions of the subjects conducting prosecution and investigation activities and the compliance with the law of the participants in the litigation.

Meanwhile, Article 142 of the 2015 Penal Code stipulates in detail the crime of rape of a person under 16 years old as follows: the offender uses force, threatens to use force or takes advantage of the victim's inability to defend himself or herself or other means (This is a mandatory sign if the victim is from 13 to under 16 years old, however, if the victim is under 13 years old, the above act is not a mandatory sign), for the purpose of having sexual intercourse or performing other sexual acts against the victim's will (the above attitude of the victim only applies to victims who are from 13 to under 16 years old, and for victims under 13 years old, whether against their will or consensual, it is sufficient to commit a crime).

(The elements constituting the crime of rape of a person under 16 years old) Thus, a case of rape of a person under 16 years old is a criminal case in which the offender uses force or takes advantage of the victim's defenselessness or other means for the purpose of having sexual intercourse or performing other sexual acts against the will of a person from 13 years old to under 16 years old against their will.

From the above analysis, the author can give the concept: Prosecution of the investigation of the rape case of a person under 16 years old is the activity of the Procuracy performing the function of prosecuting judicial activities to ensure the legality of the acts and decisions of agencies, organizations and individuals in the investigation of the rape case of a person under 16 years old .

Prosecution of the investigation of rape cases of people under 16 years old is the activity of the People's Procuracy to prosecute the legality of the acts and decisions of the investigating agency regarding the acts of using force, threatening to use force or taking advantage of the victim's inability to defend himself or herself or other means to have sexual intercourse or perform other sexual acts with people from 13 years old to under 16 years old against their will and having sexual intercourse or performing other sexual acts with people under 13 years old or taking advantage of the incomplete physical and intellectual development of children, infringing on the inviolable rights to sex, honor, dignity, health and affecting the normal development of children of the offender; of other participants in the proceedings according to the provisions of law.

1.1.1.2. Characteristics of the investigation of rape cases of people under 16 years old

The case of rape of a person under 16 years old is a type of criminal case with the following common characteristics of a criminal case:

Firstly, the investigation of rape cases of people under 16 years old is an activity only carried out by the People's Procuracy - this is a function of the People's Procuracy as stipulated in the 2015 Criminal Procedure Code: According to the legal provisions in the Criminal Procedure Code, the People's Procuracy at all levels are the agencies with the right to investigate cases.

criminal cases including rape cases of people under 16 years old. In the process of performing its functions, the People's Procuracy has contributed to ensuring that legal provisions are implemented accurately, consistently and comprehensively.

The subject directly carrying out investigation activities for rape cases of people under 16 years old is the prosecutor - through the performance of his/her functions and duties during the investigation phase of the case.

Second, the investigation of criminal cases in general and the investigation of rape cases of people under 16 years old in particular shall be carried out starting from when the competent authority issues a decision to initiate a case of rape of people under 16 years old and shall be concluded when the investigation agency completes the investigation of the case and transfers the case file and the investigation conclusion to the People's Procuracy to propose prosecution or issue a decision to suspend the investigation of the case in accordance with the provisions of law.

Third, in the process of investigating the case of rape of a person under 16 years old, the Procuracy uses the right to request and the right to recommend as tools to implement. The Procuracy uses the right to request and recommend when the Investigation Agency does not do or does not do correctly or does not do fully according to the provisions of the Criminal Procedure Law on issues related to the investigation of cases of rape of a person under 16 years old in order to promptly correct and overcome violations during the investigation process. In which: The right to request is used by the Procuracy directly investigating the case of rape of a person under 16 years old to adjust and overcome violations and shortcomings during the investigation process, it is expressed in writing or orally. The Procuracy's right to request the Investigator or investigation officer is often effective immediately. For example: The Procuracy requests the Investigation Agency to change the investigator; determine the victim's age, re-examine traces on the victim's body, transfer files and evidence documents to the People's Procuracy, request for field experiments of cases... In addition, the right to request in cases of rape of people under 16 years old is also used by the People's Procuracy for the purpose of searching for and detecting violations, for example, when discovering that the collection of evidence during the investigation is incomplete, violating the law.

Procuracy investigates rape case of person under 16 years old from Dong Nai province practice - 2

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