Tóm tắt tiếng anh: Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.

Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.Hoạt động của Kiểm sát viên trong tố tụng hình sự ở nước ta hiện nay.

SOCIAL SCIENCE OF VIETNAM

ACADEMY OF SOCIAL SCIENCES

VIÊ

DANG VAN THUC

PROSECUTOR'S ACTIVITIES

IN CRIMINAL PROCEDURES IN OUR COUNTRY TODAY

Specialization: Criminal Law and Criminal Procedure Code: 9380104

SUMMARY OF THE THESIS OF LAW STUDY

Ơ

Ha Noi – 2022

ACADEMY SOCIAL SCIENCE OF VIETNAM ACADEMY OF SOCIAL SCIENCES

Scientific instructor: Assoc Prof Dr Tran Van Do

VIÊ

Examiner 1: Assoc Prof Dr Pham Van Loi

Examiner 2: Assoc Prof Dr Tran Van Luyen

Examiner 3: Assoc Prof Dr Tran Dinh Nha

The thesis will be defended under the assessment of the Academy's Doctoral Thesis Committee, located at: Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi

Time date month year 2022

The thesis can be found at:

- Library of Vietnam Academy of Social Sciences

- Vietnam National Library

INTRODUCTION

1 The need of the thesis’ research

Procurator is one of the important civil servants who directly carry out specific activities to perform the functions of the Procuracy: Procurator is a person appointed in accordance with the law to perform the functions of internal control and internal control During the process

of administrative reform, the Party and State have issued many regulations related to the procuratorate team, which is the team that directly performs the functions of internal control and internal control of the Procuracy In order to fully implement the requirements of the Party and State for the improvement of the quality of the current Prosecutor team, it is necessary to continue to have in-depth research topics on the activities of the prosecutor’s force Through surveying the research situation on the activities of the supervisors (specifically identified in Chapter 2 of the thesis), we found that the scientific works directly researched on the supervisory staff have not been interested in research systematically and intensively Current research topics are mainly related to the activities of the Prosecutor (in which the supervisory team

is mentioned to some extent), or just stop at the study of a specific related activity to the prosecutor’s team (dispute and debate activities) The lack of in-depth studies on this team leads to the perception of the roles and activities of the supervisory team in performing the functions and duties of the Industry, which still has many limitations

Practice shows that, in the past years, the Procuracy has performed relatively well the activities of exercising the prosecution right and supervising judicial activities, actively contributing to the fight against crime, protecting the interests of society, and the democratic freedoms of

the citizen However, the activities of the People's Procuracy in general, and the activities of the Procuracy in particular, still have many limitations, affecting the performance of the procuracies' functions of internal control and internal control Therefore, the PhD student decided

to choose the topic "Activities of prosecutors in criminal proceedings in our country today" as his research topic for his doctoral thesis in jurisprudence to systematically contribute to providing system on theoretical and practical issues and solutions to improve the quality of

Procurator activities in criminal procedure

2 The purposes and misson of thesis

- On the theoretical basis: Thesis studies the theoretical basis of the activities of the procurator in criminal proceedings

- On the legal basis: The thesis focuses on researching legal documents in the field of criminal procedure associated with the activities of the Procuracy in Vietnam today, such as the Constitution of

2013, the Law on organization of the People's Procuracy of 2014, Criminal Code 2015, and related sub-law documents As for the provisions of law on the activities of the prosecutor before the above documents were available, the thesis only researched the most general nature of the activities of the prosecutor in the criminal procedure

- About time: The thesis studies the practice of prosecutor activities in Vietnam during the last 10 years (from 2012 to 2021)

4 Methodological basis and research method of the thesis

4.1 Methodological basis

4.2 Research method

5 New scientific contributions of the Thesis

Firstly, the thesis builds an overall theoretical system about the activities of prosecutor in criminal procedure in our country today, specifically: building the concept of Procurator activity in criminal procedure from the concept of general activities, legal activities, the concept of procuracy as an important subject, directly performing activities demonstrating the functions of the procuracies of internal control and internal control of the procuracy in the criminal proceedings; Characteristics and forms of performing activities of procurators in criminal procedure in our country today; The role and purpose of activities of the Procurator body in the criminal procedure; Contents of activities of prosecutor in the current period; Factors to ensure the operation of prosecutors in criminal proceedings; Activities of prosecutor in some countries and lessons for Vietnam today

Second, the thesis presents the provisions of the law on criminal procedure in Vietnam from 1945 to the present, especially studying the activities of the procurator in the 2015 Criminal Procedure Code On the basis of those provisions, the thesis has surveyed the implementation of activities The Procurator’s actions in the current criminal procedure, thereby making assessments, pointing out the advantages as well as the limitations, obstacles and causes of the limitations and obstacles in the activities of the supervisors in the criminal procedure

Thirdly, on the basis of views on improving the performance of procurators in criminal proceedings, the thesis has developed scientific solutions in line with the policies and views of the Party and the laws of the State The solutions of the thesis to improve the operational efficiency of prosecutor in our country today include:

- Completing the law on the functions and duties of the Procuracy and regulations to ensure the operation of the Procuracy and Procuracy

in the criminal procedure In particular, special attention is paid to the regulations directly related to the activities of the prosecutor in the criminal procedure

- Complete solutions to improve the efficiency of the operation of the prosecutor's office in the criminal procedure in our country today

6 Theoretical and practical significance of the thesis

The thesis is the first work to comprehensively and systematically study the activities of procurators in criminal procedure in Vietnam with the aim of providing scientific arguments and theoretical as well as practical views and solutions to perfect the legal provisions on the activities of prosecutors in criminal proceedings and solutions to improve the quality of activities of prosecutors in criminal proceedings

in Vietnam today, also meet the requirements of building and perfecting the rule of law State of the people, by the people, for the people; judicial reform requirements and constitutional ideology in our country

The thesis is a scientific work with reference value for research, teaching, learning, scientific research activities, helping legislative researchers to refer to perfect legal policies; expanding the scope of research to related legal issues, participating in scientific seminars, legal rapporteurs in the field of law in general and the field of criminal justice and criminal procedure in particular The research also supports the prosecutors in carrying out case resolution activities, limiting violations and shortcomings in the criminal cases’ settlement process

7 The structure of the thesis

In addition to the introduction, conclusion and list of references, the thesis is structured into 04 chapters, specifically as follows:

Chapter 1: Overview of the research situation related to the thesis topic

Chapter 2: Theoretical issues about the activities of prosecutors in criminal proceedings

Chapter 3: Legal status and practice of prosecutors in criminal proceedings in our country today

Chapter 4: Requirements and solutions to improve the quality of activities of prosecutors in criminal proceedings in our country

Chapter 1 RESEARCH SITUATION OVERVIEW

1.1 Domestic research

1.1.1 Research work on theoretical issues about the activities of prosecutors in criminal proceedings

1.1.2 Research work on the practice of prosecutors in criminal proceedings

1.1.3 Research work on the activities of Procurator/Prosecutor in the legal system of countries

1.1.4 Research work on viewpoints, requirements and solutions on perfecting the law and improving the operational efficiency of prosecutors in criminal proceedings

1.3.2 Issues that are still open or have not been adequately researched and resolved in published studies related to the thesis topic

Chapter 2 THEORETICAL ISSUES ABOUT THE ACTIVITIES

OF PROSECUTORS IN CRIMINAL PROCEDURES

2.1 Concepts, characteristics and forms of operation of procurators in criminal proceedings

2.1.1 The concept of the procurator's activities in criminal proceedings

In order to clarify the concept of the operation of a Procurator in criminal proceedings, we believe that it is necessary to clarify the underlying concepts: the concept of operation; prosecutor’s concept, prosecutor’s operation concept; criminal procedure concept On the basis of the connotative concepts to build the concept of the operation of the prosecutor in the criminal procedure, ensuring the legal basis and the scientific nature of the concept From the above compositional concepts and analysis, the concept of the prosecutor's activities in criminal proceedings can be proposed as follows: Activity of a procurator in criminal proceedings is the conduct of specific jobs to perform his/her functions Ability to exercise the right to prosecute and supervise judicial activities in prosecuting, investigating, prosecuting and adjudicating criminal cases

2.1.2 Operational characteristics of prosecutors in criminal proceedings

Derived from the concept that the operation of the administrative body in criminal procedure is the implementation of specific actions to perform the functions of administrative control and internal control Therefore, the activities of the prosecutor's office have some characteristics of the law enforcement activities in general and the specific characteristics of the administrative law enforcement and criminal justice activities Detail:

Firstly, prosecutor's activities are state power

Secondly, the activities of prosecutors in criminal proceedings play

an important role and are carried out throughout all stages of criminal proceedings from prosecution, investigation, prosecution to trial

Third, the activities of the Prosecutor's Office are both under the

control of the Procuracy's leadership and demonstrate the independence

of the Prosecutor's Office

Fourth, the activities of the procurator in criminal proceedings are

activities that must comply with strict regulations on order and procedures prescribed by law

Fifth, the activities of the Procuratorate in criminal proceedings are

limited by the performance of duties and powers that the Procuracy gives authority in accordance with the law

2.1.3 Operational forms of prosecutors in criminal proceedings

2.1.3.1 The form of performance of the procurator's activities when performing the tasks and powers in the exercise of the right to prosecution

2.1.3.2 Forms of implementation of the supervision of judicial activities by prosecutors in criminal proceedings

2.2 Role and purpose of activities of prosecutors in criminal proceedings

2.2.1 The role of the Procurator in criminal proceedings

Firstly, the activities of the prosecutor in criminal proceedings aim

to contribute to protecting the objective truth of the case

Secondly, the activities of the prosecutor's office in criminal proceedings contribute to the protection of socialist legality, protection

of human rights in general, and the legitimate rights and interests of the accused, victims and litigants

2.2.2 Purpose of the Procurator's activities in criminal proceedings

The purpose of the procuratorate's activities in the criminal procedure is also the purpose of the procuracy's function of the administrative procedure and the internal control of the procuracy in the criminal procedure The purpose of this is to ensure that: All criminal acts and offenders must be detected, prosecuted, investigated and prosecuted in a timely, strict, right person, right crime, in accordance with the law, and not wronged people innocent, do not let criminals and offenders; No person shall be prosecuted, arrested, detained, detained, or have human rights and citizenship rights restricted against the law

2.3 Contents of activities of prosecutors in criminal proceedings

2.3.1 Activities of Procurators during the prosecution of criminal cases

2.3.2 Activities of Procurators during the investigation of criminal cases

2.3.3 Activities of the Procurator during the prosecution period 2.3.4 Activities of Procurators during the trial of criminal cases

2.4 Factors to ensure the quality of activities of procurators in criminal proceedings

2.4.1 The perfection of criminal procedure law

2.4.2 Organization and operation of the People's Procuracy in response to judicial reform requirements

2.4.3 Competence, ethical qualities, professional courage, sense of responsibility of the procurator team

2.4.4 To inspect, examine and supervise activities of procurators

2.4.5 The relationship between the Procurator and the subjects performing criminal procedure activities

2.4.6 Facilities, equipment, working conditions and regimes and policies for the procurator team

2.5 Activities of Procurators/Prosecutors in the criminal procedure model in the world and lessons learned for Vietnam

2.5.1 Activities of Prosecutors in Interrogation Criminal

Procedures

2.5.2 Activities of Prosecutors in Criminal Procedures

2.5.3 Activities of Procurators in mixed criminal proceedings 2.5.4 Conclusions and lessons learned for Vietnam

Chapter 3 REGULATIONS OF LAW AND PRACTICE OF ACTIVITIES OF PROCURATORS IN CRIMINAL

PROCEEDINGS IN VIETNAM TODAY 3.1 The legulation of law about the activities of prosecutors in criminal proceedings in our country

3.1.1 Overview of the law on activities of prosecutors in criminal proceedings from 1945 to before 2015

3.1.2 Legal provisions on activities of prosecutors in criminal proceedings from 2015 to present

- Regulations on the activities of prosecutors during the prosecution of the case

- Regulations on the activities of the Procurator during the investigation period

- Legal provisions on the activities of prosecutors during the prosecution period

- Legal provisions on the activities of the procurator during the trial period

3.2 Actual practice of prosecutors in criminal proceedings in Vietnam today

3.2.1 Achievements of the Procurator's activities in criminal proceedings

3.2.1.1 Achievements in the exercise of the right to prosecute and control the prosecution of criminal cases

During the 10-year period from 2012 to 2021, the Procuratorate of Procuracy at all levels actively took the initiative in requesting local authorities to verify and fully implement activities to carry out the process of dealing with denunciations and reports about crime The process of corporate governance and supervision of the observance of the law on prosecution of cases, together with the strengthening of prosecutor's responsibility in investigation activities, broadens the scope

of international law enforcement for receiving and dealing with denunciations and information about report crimes and recommend prosecution Prosecutor has closely supervised the classification and handling of crime reports and denunciations of investigative officers, enumerators, police officers and agencies assigned to conduct a number

of investigative activities Limit the situation of unfair, wrong or omitted criminal prosecution, ensure that the decision to prosecute or not to prosecute criminal cases is grounded and lawful

3.2.1.2 Achievements in the exercise of the right to prosecution

and investigation

The People's Procuracy has paid great attention to the work of administrative procedure and the investigation, resulting in 100% of the