Tạp chí của Trường Đại học Kiểm sát Hà Nội
About the guiding viewpoints to continue to building and perfecting the law governed socialist State in the new period
One of core contents of Resolution no. 27-NQ/TW of 13th Central Committee of the Communist Party of Vietnam dated November 09, 2022 is viewpoints on continuing to building and perfecting the law-governed socialist State in the new period. The paper sheds light on main contents of these viewpoints in order to raise the awareness then apply to reality to build and perfect the law-governed socialist State in the new period.
Supervising and prosecuting activities of the Prosecutor General’s Office of the Russian Federation in the implementation of anti- corruption law
The Prosecutor General’s Office of the Russian Federation is the main subject in the implemention of Law on Anti-corruption and in ensuring the strict observance of law. They perform a number of activities, including: Supervising the implementation of Law on Anti-corruption; giving comments on this Draft law and relevant legal documents; ensuring compensation requirements caused by corruption; controlling civil servants’ income; implementing administrative liabilities with individuals and legal entities; criminal prosecution; international cooperation; propaganda and education on anti-corruption law. The article presents the supervising and prosecuting activities of the Prosecutor General’s Office of the Russian Federation in the implementation of Law on Anti-corruption recently.
Completing regulations on grounds for criminal charges in the 2015 Criminal Procedure Code
Based on grounds prescribed by the Criminal Procedure Code, criminal charges is the first stage of the criminal proceedings. The article analyzes general issues on the grounds for criminal charges, makes an assessment of some limitations of this regulation, then proposes solutions to improve the regulations on grounds for criminal charges in the Criminal Procedure Code.
Completing regulations on preventive measures to offenders under 18 years old in the 2015 Criminal Procedure Code
The paper analyzes the provisions of the 2015 Criminal Procedure Code (amended and supplemented in 2021) on preventive measures to offenders under 18 years old. Thereby, it points out some shortcomings of these regulations and proposes recommendations.
Applying the principle of presumption of innocence in prosecution and supervision over first-instance trial of criminal cases under the Criminal Procedure Code
Be one of basic principles in criminal procedure law, presumption of innocence has been the grounds for evaluating a civilized, fair and humane justice as well as widely applied in solving criminal cases. Vietnam has also early absorbed progressive thought and recognized it as one of basic principles to ensure human rights and citizen rights in criminal proceedings. Thereby, the article presents the practical application of this principle in the first- instance trial of criminal cases under the functions of the People’s Procuracy.
The prosecution of resolving crime information in Tuyen Quang province
The article studies the prosecution of resolving crime information in Tuyen Quang province from 2016 to 2020. Generally, this activity of the People’s Procuracy at all levels of Tuyen Quang province has been achieved certain results; however, it has remained a number of limitations due to both objective and subjective reasons. Thereby, it is necessary to propose remedial solutions to improve the effectiveness of that works.
Some noted issues in evaluating and using forensic examination results in prosecution and supervision over the investigation of offenses against human life and health
Offenses against human health and life infringe foundamental human rights with diverse offenders, acts and tricks that adversely affect to social order and public. The evaluation and use forensic examination results plays an important role in investigating these kinds of crimes. The article analyzes the theoretical issues and skills of evaluating and using the forensic examination conclusions of Procusecutor in prosecution and supervision over the investigation of offenses against human health and life.
Several matters on preventing fake news caused by key opinion leaders and solutions
By studying theoretical and practical matters, the article analyzes current situation of fake news caused by key opinion leaders (KOL) on the Internet. Thereby, the author proposes measures to prevent fake news disseminated by KOLs on the Internet.
Strengthening inner supervision in prosecution and supervision over adjudiciation of the People’s Procuracy in accordance with the rule “Independence of Judge and Jury and sole compliance to the laws”
The paper presents the inner supervision in prosecution and supervision over adjudiciation of the People’s Procuracy in accordance with the rule “Independence of Judge and Jury and sole compliance to the laws” prescribed in Article 23 of the 2015 Criminal Procedure Code (amended and supplemented in 2021). Thereby, the authors propose a number of solutions to strengthen this works of the People’s Procuracy.
Competence of the Prosecutor of the Russian Federation in the investigation of criminal cases
The Constitution of the Russian Federation regulates: Man, his rights and freedoms are the supreme value. The recognition, observance and protection of the rights and freedoms of man and citizen shall be the obligation of the State. Everyone shall have the right to freedom and personal inviolability. Arrest, detention and keeping in custody shall be permissible only under a court order. The Procuracy of the Russian Federation prosecutes and supervises the observance of the law in criminal proceedings to charge and ensure the prosecution as well as punishments in accordance with the provisions of law. The article analyzes the competence of the Prosecutor of the Russian Federation in investigating criminal cases, then readers may have better understand the Procuracy and the Prosecutor of the Russian Federation - an advanced judicial background with some similar legal characteristics to Vietnam.
Prosecution and supervision over the investigation of property appropriation cases under the Criminal Procedure Code
Specified in Article 170 of the 2015 Penal Code (amended and supplemented in 2017), the crime of property appropriation includes 2 types of acts: Threatening to use force or other tricks to intimidate other people to obtain property. At the same time, the People’s Procuracy prosecutes and supervises judicial activities in the criminal sector. This article presents the crime of property appropriation and the Prosecutors’ prosecution and supervision in judicial activities during the investigation stage of that crime.
About the coordination relationship between the Investigation Agency and the Procuracy in filings of charges and investigating the cases of violations of regulations on participation in roadway traffic
Recently, authorities and legislators have taken many drastic and synchronous measures to ensure roadway traffic order and safety, so that roadway traffic participations’ awareness has changed positively, violations and crimes of regulations on participation in roadway traffic has been gradually controlled. However, these cases and violations has remained in high percentage that cause much loss of life and property. In order to effectively fight and prevent these violations and crimes, the Investigation Agency and the Procuracy need to coordinate closely in filings of charges and investigating stages.
Improved solution for criminal laws related to crimes of illegal gambling, organizing gambling or running gambling-dens
Along with the society development, gambling are now increasing in severity and nature with many new forms that causes negative consequences for society. The article analyzes a number of limitations in the 2015 Penal Code (amended and supplemented in 2017) on the crimes of illegal gambling, organizating gambling or running gambling-dens, thereby proposes completed solutions.
Some comments on the Draft of Land Law (amended) related to land acquisition
Land acquisition is a complex and sensitive matter due to direct relation to the land users’ rights and interests. Despite the improvement, in the process of implementation, the legal provisions on land acquisition have remained some shortcomings that need to amend in this revised Draft of Land Law. The article evaluates and gives a numbers of comments to improve regulations on land acquisition in the revised Draft of Land Law.
Situations and solutions to prevent the crime of high-tech usury in civil transactions
Recently, there has been an increasing and complicated development in usury crime. Especially, perpetrators have taken advantage of technology to commit crime that caused an increasing number of victims throughout the country and difficulties in prevention. This article presents several theoretical issues about the crime of high-tech usury and propose prevented solutions.
Mechanism to control risks of great value contracts for company
During its establishment, organization and operation, company must enter into a variety of contracts including great value ones. If successfully, that type of contracts will bring great profits for company and vice versa. Therefore, it is necessary to setup a mechanism to control risks during the process of establishing, implementing and terminating great value contracts. The article analyzes the necessity and the constituent elements of the risk control mechanism for great value contracts in the company.
About “right of passage” under Article 254 of the 2015 Civil Code
The path created on property of the owner or the adjacent user limits his certain rights on the property but he does not lose right to use and use his property. The article discusses the right of passage in the 2015 Civil Code 2015, its difficulties and proposses some recommendations.
Comparative research on special investigation measures and experiences for Vietnam
Special investigation measures play an important role in detecting and proving crimes. After more than five years of application, this institution in the 2015 Vietnamese Criminal Procedure Code should be reviewed. By comparing with correlative provisions in international law, European law, especially China, Germany and South Australia, the author recommends some advanced provisions on special investigation measures which Vietnamese criminal procedure law should be absorbed.
About the linking functions of state, law and society
The linking functions of state, law and society which have been researched in legal science generally and legal sociology particularly have important cognitive, theoretical and practical significance for nation’s development. This article initially explores the concept, types of linking functions as well as each function’s nature, content and meaning.
Recommendations to improve the 2015 Criminal Procedures Code on scope of appellate jurisdiction
The scope of appellate jurisdiction means the limit of Court’s jurisdiction in considering and deciding certain legal issues of criminal cases in appellate jurisdiction. Although the provisions on that matter in the 2015 Criminal Procedure Code have inherited and been more perfect than those in the former one, it has remained some limitations that need to be further improved. This article analyzes the inadequacies on the scope of appellate jurisdiction in the 2015 Criminal Procedure Code, then proposes to determine the scope of appellate jurisdiction in accordance with its nature and ensure basic principles of criminal procedure.
Several matters on temporary detainment measure in criminal proceedings
Temporary detainment is one of preventive measures prescribed in Article 117 of the 2015 Criminal Procedure Code. This paper points out some obstacles in criminal procedure law on this matter then proposes some recommendations.
Recommendations to improve the 2015 Penal Code on offences against judicial activities
The 2015 Penal Code has amended and supplemented many provisions on offences against judicial activities to basically ensure the consistency and fully institutionalizes the Party’s policies and guidelines. It also closely follows new regulations in relevant legal documents, ensures conformity with provisions of international treaties to which Vietnam is a signatory. However, these offences have been witnessed complicated situation and limitations in enforcement that leads to a small number of criminals being prosecuted. One of the reasons is unclear regulations in its name and determining circumstances. Therefore, the article points out some inadequacies in the Penal Code on offences against judicial activities and proposes improvement.
Perfecting the 2015 Criminal Procedures Code to ensure human rights of under-18- year-old accused persons
The accused person who is under 18 years old needs to be protected to avoid injuries and abused acts caused by the proceedings. By absorbing the International conventions on the protection of children’s human rights, our 2015 Criminal Procedure Code has made many amendments and supplements to better protect their human rights in criminal proceedings, especially the accused. The article clarifies typical provisions of the 2015 Criminal Procedure Code to ensure the human rights of under-18-year-old accused persons, points out limitations and proposes improved recommendations.
Khó khăn, vướng mắc và giải pháp nâng cao hiệu quả công tác phòng ngừa và đấu tranh với tội phạm xâm hại tình dục trẻ em trong tình hình hiện nay
Currently, the Party, State and society have paid much attention to children protection, care and education for the nation’s development. However, the situation of child abuse crimes in general and child sexual abuse in particular has been complicated increasing in both nature and extent. The article outlines the prevention and fighting against child sexual abuse crimes, its inadequacies and proposes improved solutions.
Justifiable use of force under Vietnamese criminal law: Some theoretical and practical matters
Justifiable use of force is a typical case of exemption from criminal responsibility that often leads to conflicts and complication in reality. Therefore, this article clarifies concept and legal nature of justifiable use of force, assesses the 2015 Penal Code’s provision on this matter to propose some improved recommendations.
About new national value system of Vietnam
Be an important and fundamental issue of the nation, the national value system not only creates the national identity but also has epistemological, theoretical and practical significance to the nation’s development. Researching, defining and implementing the building of a national value system is our currenet historical, objective and urgent necessity. This article initially find outs some of Vietnam’s new national values including: The rule of law; human rights, civil rights; Vietnam’s socialist rule-of-law State of the People, by the People, for the People; socialist democracy and democratization; socialist-oriented market economy. These are the new national values that have been received, formed, developed and promoted since the country’s renovation until now.
Improving the efficiency of the investigation of snatching crimes by minors under the function of the investigation-interrogation police force of Lao People’s Democratic Republic
The article analyzes current situation, results, limitations and its reasons of the investigation of snatching crimes by minors under the function of the investigation- interrogation police force of Lao People’s Democratic Republic. Thereby, the author proposes a number of solutions to improve the efficiency of the investigation of this type of crime by the investigation-interrogation police force.
The coordination relationship between the Investigation agency and Procuracy in receiving and handling denunciations and information of under-16-year-old sexual crimes
Recently, the situation of sexual abuse in general and sexual abuse of people under 16 years old in particular has been complicated that lead to serious consequences for victims, their families and society. Therefore, preventing and fighting against that type of crimes is responsibility not only of legal proceedings but also of the whole society and the state management agencies on children. The author sheds light on some shortcomings, then proposes solutions to improve the efficiency of coordination relationship between the Investigation agency and Procuracy in receiving and handling denunciations and information of under-16-year-old sexual crimes.
Equal rights of women who are the accused and victims in Vietnamese criminal proceedings
Equal rights of women is no longer a new research topic of domestic and foreign scholars; however, there are still many gaps that need to be clarified on this topic under provisions of Vietnamese criminal procedure law. The article analyzes scientific opinions on equal rights of women who are the accused and victims, at the same time, revises the provisions of Vietnamese criminal procedure law to find out improvement solutions and recommendations in ensuring human rights generally and equal rights of the accused and victims particularly.
Imperfect usufruct right in Roman law and its application to Vietnamese law
That the 2015 Civil Code has provisions on perfect usufruct right (ordinary usufruct right) but not imperfect usufruct right is a shortcoming. The study of imperfect usufruct right in Roman law will orient to apply and supplement the provisions on imperfect usufruct right in the 2015 Civil Code.