Talking to PV Dan Viet, lawyer Ha Thi Khuyen (Hanoi Bar Association) said that according to criminal law, the accused include the arrested, the detained, the accused and the accused. is not considered a crime.
Lawyer Ha Thi Khuyen. Photo: NVCC
Only when it is proved that they committed the crime according to the order and procedures prescribed by the Criminal Procedure Code 2015 and there is a legally effective judgment of the court, the accused person will be considered as a criminal. criminal.
The accused person is the person who is arrested, the person held in custody, the accused, the defendant has only limited rights such as freedom. another basic of a citizen.
Including the right to complain about procedural acts, complaints or denunciations while being held in custody or temporary detention.
Specifically, in Article 60 of the 2015 Criminal Procedure Code, the accused in custody has the right to complain about procedural decisions related to him.
Article 8 of the 2015 Law on enforcement of temporary detention and custody prohibits acts of obstructing persons held in custody or temporary detention from exercising their rights… to complain, denounce, human rights, and other rights and obligations of citizens according to law provisions of this Law and other relevant laws.
In addition, according to the provisions of Point h, Clause 1, Article 9 of the 2015 Law on Enforcement of custody and temporary detention, persons held in custody or temporary detention have the right to complain and denounce illegal acts.
Lawyer Khuyen said, Clause 2, Article 481 of the 2015 Criminal Procedure Code stipulates that when a detention facility receives a denunciation from a person held in custody or temporary detention, it must enter a monitoring book.
Within 24 hours after receiving the denunciation, the application must be transferred to the competent Procuracy for settlement as prescribed. The competent procuracies are responsible for notifying the denunciation conclusion to the denouncer upon request.
Therefore, the accused person is the person who is arrested, the person held in custody, the accused or the accused fully exercise the right to complain and denounce against individuals and organizations that commit other law violations.
