Where should a crime report be filed to comply with legal regulations?
When discovering or being a victim of an act with signs of a crime, where should citizens file a complaint? Is it mandatory to file it at the place where the incident occurred or where the accused resides? This is a question of concern to Mr. NQH (Vinh Hung ward).
Reply:
According to current law, reporting crimes is a right of citizens, while receiving such reports is a mandatory legal obligation of competent authorities, including the commune and ward police.
The 2015 Criminal Procedure Code (amended and supplemented in 2017) does not stipulate that citizens must file a complaint at the place where the incident occurred or where the accused resides. According to Article 145 of the Criminal Procedure Code, citizens can send complaints or reports about crimes to any competent authority as prescribed by law, such as: the investigating agency, the Procuracy, the commune/ward police, etc.
Upon receiving the complaint, determining which agency has jurisdiction over the investigation will be done in accordance with Article 163 of the Criminal Procedure Code. This is the responsibility of the prosecuting authority, not the obligation of the complainant.
Articles 145 and 146 of the 2015 Criminal Procedure Code (amended and supplemented in 2017), along with Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC, clearly stipulate that all denunciations, reports of crimes, and requests for prosecution must be fully received and promptly resolved; the responsible agencies are not allowed to refuse them on the grounds of not having jurisdiction.
Therefore, the commune or ward police where the citizen first reports the incident are responsible for receiving the complaint. If the case does not fall within their investigative jurisdiction, the commune or ward police must transfer the file to the competent investigative agency within the legally prescribed time limit.
