Tố tụng hình sự là gì? (Cập nhật 2023) – Luật ACC


Have you ever heard of the term “criminal lawsuit”? If you’re someone studying or working in the field of law, you’re probably familiar with this phrase. But do you truly comprehend what a criminal lawsuit is? Let’s dive into the details and explore what a criminal lawsuit entails and its related aspects.

Tackling Criminal Lawsuits
Tackling Criminal Lawsuits

1. What is a Criminal Lawsuit According to Wikipedia?

According to Wikipedia’s definition, a criminal lawsuit can be explained as:

“Criminal proceedings refer to the legal process of criminal law. While the procedures can vary significantly depending on different jurisdictions, this process typically begins with a formal criminal charge against the defendant, who may be in custody or released on bail, and leads to either conviction or acquittal. Criminal proceedings can be adversarial or inquisitorial.”

In simpler terms, a criminal lawsuit is one of the stages in the execution of the judicial function of criminal law. Generally, the process starts with a criminal charge against the defendant, followed by a potential conviction or acquittal.

2. What is a Criminal Lawsuit According to ACC?

ACC has summarized and generalized the concept of a criminal lawsuit as follows:

“A criminal lawsuit is a procedure and sequence of steps that allows competent state authorities to assess and determine whether a specific behavior constitutes a crime as defined in the criminal law code. If the act committed by an individual poses a threat to society and violates the provisions stipulated in the criminal law code, they will be held criminally responsible, along with other issues related to the execution of criminal penalties.”

3. Parties Involved and Stages of a Criminal Lawsuit

During the process of a criminal lawsuit, various social relationships are formed between the prosecuting authority, defendants, and participants, as defined by the criminal proceedings regulations. These regulations also establish the basic rights and obligations of the prosecuting authority, defendants, and participants.

Currently, a criminal lawsuit is commonly classified into five stages:

– Stage 1: Receipt and Handling of Crime Reports

According to Article 144 of the Criminal Procedure Code, the definition of crime reports is as follows:

“A crime report refers to an individual’s discovery and denunciation of behavior with signs of criminal activity to the competent authority.”

The competent authorities responsible for handling crime reports are the investigating agencies, prosecutor’s offices, or any other agencies assigned with the task of receiving and handling crime reports.

– Stage 2: Initiation of Criminal Proceedings

The initiation of criminal proceedings occurs when the competent state authority, after conducting investigations, evaluations, and assessments, discovers that an individual or organization has violated criminal law provisions. This stage marks the beginning of subsequent stages in the criminal proceedings.

– Stage 3: Investigation

During the investigation stage, investigative agencies, under the supervision and control of the prosecutor’s office, gather evidence, analyze case details, and pursue criminal liability.

This stage concludes with the investigation conclusion and a proposal for prosecution or suspension of the case by the prosecutor’s office.

– Stage 4: Prosecution

At this stage, the prosecutor’s office receives case documents from the investigative agencies and reviews them. Based on their assessment, they decide whether to initiate a prosecution against the accused before the court, file an indictment, request further investigation, or temporarily suspend or terminate the case.

– Stage 5: Trial

The trial stage involves the court’s examination and analysis of the evidence presented by the defendant, investigative agencies, and the prosecutor’s office to make a verdict.

ACC has provided you with comprehensive information about what a criminal lawsuit entails and its related aspects. We hope that you now have a better understanding. If you have any further questions during your research, please don’t hesitate to contact us through the following channels:

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Note: The original content has been rephrased, and the images have been reused. This article was repurposed with the intention of providing accurate and engaging information while adhering to E-A-T and YMYL principles.

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