The chief and deputy chief of the commune police are entitled to exercise some powers of the head of the investigation agency.

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien presented a report explaining and accepting the draft law on the morning of June 27 - Photo: GIA HAN

On the morning of June 27, with a majority in favor, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Criminal Procedure Code.

One of the notable contents, the law just passed by the National Assembly stipulates that intermediate investigators and senior investigators are commune-level police chiefs or deputy commune-level police chiefs assigned by the head of the provincial investigation agency to conduct prosecution and investigation of cases of less serious crimes and serious crimes occurring in commune-level areas.

At the same time, perform a number of tasks and powers of the head and deputy head of the investigation agency, except for decisions to apply, change, or cancel special investigative measures.

Commune police are not an investigation level.

Specifically, the commune-level police chief or deputy commune-level police chief is directly responsible for organizing and directing the handling and handling of information about crimes, prosecutions and investigations by investigative agencies; deciding on the assignment or change of investigators and investigation officers.

Inspect the activities of receiving and handling information about crimes, prosecuting and investigating criminal cases by investigators and investigation officers; decide to change or cancel unfounded and illegal decisions of investigators.

The Minister of Public Security shall preside over and coordinate with the Chief Justice of the Supreme People's Procuracy to specify details of this clause.

In the report on receiving and explaining opinions of National Assembly deputies, the Supreme People's Procuracy said that during the discussion, many opinions stated that adding the duties and powers of investigators as chief or deputy chief of commune-level police in the draft law is consistent with the Party's policies and guidelines, ensuring timeliness and meeting practical requirements in the context of arranging administrative units and organizing two-level investigation agencies.

In addition, some opinions suggested reviewing the authority of investigators who are police chiefs and deputy police chiefs at the commune level to regulate them in accordance with the capacity of commune-level police, ensuring effectiveness in the fight against, prevention and control of crime.

Some opinions say that adding the authority to prosecute and investigate to the chief or deputy chief of commune-level police could make the commune police a new investigation level, contradicting current regulations, giving rise to additional commune-level police investigation agencies.

This opinion is concerned that the draft regulation will pose many problems, such as the seal used, the qualifications to sign documents, the authority to assign and change investigators, etc. Regarding this content, the Supreme People's Procuracy affirmed that the commune police are not an investigation level.

This provision was added at the request of the Ministry of Public Security to remove difficulties and obstacles in practice when there is no district-level police investigation agency.

Carefully select and assign investigators as chief and deputy chief of commune police.

Also according to the Supreme People's Procuracy , there are opinions of National Assembly deputies suggesting that there should be a mechanism to control power, specifically regulating the responsibility of inspection and supervision of the head of the Investigation Agency, the competent Procuracy; joint responsibility of the head of the Investigation Agency to prevent violations by investigators assigned to be the chief of police and deputy chief of police at the commune level.

Regarding this content, the Supreme People's Procuracy believes that because the head of the provincial-level police investigation agency authorizes an investigator who is the commune-level police chief or deputy commune-level police chief to perform a number of tasks and powers of the head of the investigation agency, the head of the provincial-level investigation agency will be responsible for the acts and decisions performed by that investigator within the scope of authorization.

The signing of procedural orders and decisions by investigators "on behalf of" the head of the provincial investigation agency. After signing, the procedural orders and decisions will be sent to the head of the provincial investigation agency for reporting.

There are suggestions to consider the roadmap and carefully implement the addition of duties and powers of investigators who are police chiefs and deputy police chiefs at the commune level, possibly piloting in some localities before widely applying.

Accepting the delegates' opinions, the Supreme People's Procuracy said that during the implementation process, this agency will closely coordinate with the Ministry of Public Security to consider and be careful in selecting and assigning investigators as commune police chiefs and deputy commune police chiefs to ensure the correct conditions and standards of capacity and professional qualifications, meeting the requirements of the fight against crime, preventing wrongful convictions and missing criminals.

The draft law has added a provision assigning the Minister of Public Security to preside over and coordinate with the Chief Prosecutor of the Supreme People's Procuracy to provide specific guidance on the assignment and arrangement of investigators as commune police chiefs and deputy commune police chiefs, ensuring good performance of assigned tasks.
Tuoitre.vn

Source: https://tuoitre.vn/truong-pho-truong-cong-an-xa-duoc-thuc-hien-mot-so-quyen-han-cua-thu-truong-co-quan-dieu-tra-20250627085911033.htm