TỐ GIÁC, TIN BÁO VỀ TỘI PHẠM; TRÌNH TỰ, THỦ TỤC GIẢI QUYẾT THEO QUY ĐỊNH PHÁP LUẬT

TỐ GIÁC, TIN BÁO VỀ TỘI PHẠM; TRÌNH TỰ, THỦ TỤC GIẢI QUYẾT THEO QUY ĐỊNH PHÁP LUẬT

Phát hiện, tố giác, báo tin về tội phạm; tham gia đấu tranh phòng, chống tội phạm là quyền và nghĩa vụ của tổ chức, cáVPLS Thái Minh (3) nhân. Nhưng thực hiện quyền và nghĩa vụ đó như thế nào ; Cơ quan, tổ chức nào có trách nhiệm tiếp nhận, giải quyết và trình tự, thủ tục giải quyết ra sao thì không phải ai cũng biết. Bài viết dưới đây của Văn phòng luật sư Thái Minh sẽ giúp bạn trả lời câu hỏi đó:

1.  Tố giác, tin báo về tội phạm là gì ?

Tố giác về tội phạm là việc cá nhân phát hiện và tố cáo hành vi có dấu hiệu tội phạm với cơ quan có thẩm quyền.

Tin báo về tội phạm là thông tin về vụ việc có dấu hiệu tội phạm do cơ quan, tổ chức, cá nhân thông báo với cơ quan có thẩm quyền hoặc thông tin về tội phạm trên phương tiện thông tin đại chúng.

2.     Hình thức tố giác, tin báo về tội phạm

Tố giác, tin báo về tội phạm có thể bằng lời hoặc bằng văn bản.

Người nào cố ý tố giác, báo tin về tội phạm sai sự thật thì tuỳ tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự theo quy định của luật.

3. Các cơ quan, tổ chức có trách nhiệm tiếp nhận tố giác, tin báo về tội phạm

– Cơ quan điều tra;VPLS Thái Minh (2)

– Cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra;

– Viện kiểm sát các cấp;

– Các cơ quan, tổ chức khác: Công an xã, phường, thị trấn, Đồn Công an, Trạm Công an; Tòa án các cấp; Cơ quan báo chí và các cơ quan, tổ chức khác.

4. Thẩm quyền giải quyết tố giác, tin báo về tội phạm

– Cơ quan điều tra, Cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra (trừ Đội An ninh ở Công an huyện, quận, thị xã, thành phố thuộc tỉnh, thành phố thuộc thành phố trực thuộc Trung ương – sau đây viết gọn là Đội An ninh Công an cấp huyện) có thẩm quyền giải quyết tố giác, tin báo về tội phạm theo thẩm quyền điều tra của mình.

– Viện kiểm sát giải quyết tố giác, tin báo về tội phạm trong trường hợp phát hiện Cơ quan điều tra, cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra có vi phạm pháp luật nghiêm trọng trong hoạt động kiểm tra, xác minh tố giác, tin báo về tội phạm hoặc có dấu hiệu bỏ lọt tội phạm mà Viện kiểm sát đã yêu cầu bằng văn bản nhưng không được khắc phục.

5. Trình tự, thủ tục giải quyết tố giác, tin báo về tội phạm

– Thủ tục tiếp nhận tố giác, tin báo về tội phạm

 + Khi cơ quan, tổ chức, cá nhân trực tiếp tố giác, báo tin về tội phạm thì Cơ quan điều tra, Viện kiểm sát, cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra có thẩm quyền phải lập biên bản tiếp nhận và ghi vào sổ tiếp nhận; có thể ghi âm hoặc ghi hình có âm thanh việc tiếp nhận.

Trường hợp tố giác, tin báo về tội phạm gửi qua dịch vụ bưu chính, điện thoại hoặc qua phương tiện thông tin khác thì ghi vào sổ tiếp nhận.

+ Trường hợp phát hiện tố giác, tin báo về tội phạm không thuộc thẩm quyền giải quyết của mình thì Cơ quan điều tra, cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra có trách nhiệm chuyển ngay tố giác, tin báo về tội phạm kèm theo tài liệu có liên quan đã tiếp nhận cho Cơ quan điều tra có thẩm quyền.

Viện kiểm sát có trách nhiệm chuyển ngay tố giác, tin báo về tội phạm kèm theo tài liệu có liên quan đã tiếp nhận cho Cơ quan điều tra có thẩm quyền.

Trường hợp Viện kiểm sát giải quyết tố giác, tin báo về tội phạm thì trong thời hạn 05 ngày kể từ ngày Viện kiểm sát có yêu cầu, cơ quan có thẩm quyền đang thụ lý, giải quyết tố giác, tin báo về tội phạm đó phải chuyển hồ sơ có liên quan cho Viện kiểm sát để xem xét, giải quyết.

+ Công an phường, thị trấn, Đồn Công an có trách nhiệm tiếp nhận tố giác, tin báo về tội phạm, lập biên bản tiếp nhận, tiến hành kiểm tra, xác minh sơ bộ và chuyển ngay tố giác, tin báo về tội phạm kèm theo tài liệu, đồ vật có liên quan cho Cơ quan điều tra có thẩm quyền.

Công an xã có trách nhiệm tiếp nhận tố giác, tin báo về tội phạm, lập biên bản tiếp nhận, lấy lời khai ban đầu và chuyển ngay tố giác, tin báo về tội phạm kèm theo tài liệu, đồ vật có liên quan cho Cơ quan điều tra có thẩm quyền.

+ Các cơ quan, tổ chức khác sau khi nhận được tố giác, tin báo về tội phạm thì chuyển ngay cho Cơ quan điều tra có thẩm quyền. Trường hợp khẩn cấp thì có thể báo tin trực tiếp qua điện thoại hoặc hình thức khác cho Cơ quan điều tra nhưng sau đó phải thể hiện bằng văn bản.

Giải quyết tố giác, tin báo về tội phạm

+ Trong thời hạn 03 ngày kể từ ngày nhận được tố giác, tin báo về tội phạm thuộc thẩm quyền giải quyết, Thủ trưởng Cơ quan điều tra trực tiếp tổ chức, chỉ đạo, phân công Điều tra viên, Cán bộ điều tra thuộc quyền thụ lý, giải quyết hoặc ra Quyết định phân công Phó Thủ trưởng Cơ quan điều tra tổ chức, chỉ đạo thụ lý, giải quyết và thông báo bằng văn bản cho Viện kiểm sát cùng cấp hoặc Viện kiểm sát có thẩm quyền.

Đối với tố giác, tin báo về tội phạm sau khi tiếp nhận đã rõ về dấu hiệu của tội phạm, đủ căn cứ để khởi tố vụ án hình sự thì Cơ quan điều tra ra Quyết định khởi tố vụ án hình sự và thực hiện trình tự, thủ tục theo quy định, không phải ra Quyết định phân công giải quyết tố giác, tin báo về tội phạm.

+ Trong thời hạn 03 ngày kể từ ngày nhận được tố giác, tin báo về tội phạm thuộc thẩm quyền giải quyết, cấp trưởng Cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra (Người được giao nhiệm vụ tiến hành một số hoạt động điều tra quy định tại khoản 2 Điều 35 Bộ luật Tố tụng hình sự năm 2015) trực tiếp chỉ đạo việc thụ lý, giải quyết tố giác, tin báo về tội phạm, phân công Cán bộ điều tra thuộc quyền hoặc ra Quyết định phân công cấp phó trong việc thụ lý, giải quyết tố giác, tin báo về tội phạm và thông báo bằng văn bản cho Viện kiểm sát cùng cấp hoặc Viện kiểm sát có thẩm quyền.

Đối với tố giác, tin báo về tội phạm sau khi tiếp nhận đã rõ về dấu hiệu của tội phạm, đủ căn cứ để khởi tố vụ án hình sự thì cấp trưởng ra Quyết định khởi tố vụ án hình sự và thực hiện trình tự, thủ tục theo quy định, không phải ra Quyết định phân công giải quyết tố giác, tin báo về tội phạm.

+ Kết thúc quá trình giải quyết tố giác, tin báo về tội phạm, cơ quan đã thụ lý, giải quyết phải ra một trong các quyết định sau:

(1) Quyết định khởi tố vụ án hình sự;       
(2) Quyết định không khởi tố vụ án hình sự;
(3) Quyết định tạm đình chỉ việc giải quyết tố giác, tin báo về tội phạm, kiến nghị khởi tố.

6. Thời hạn giải quyết tố giác, tin báo về tội phạm

Thời hạn giải quyết tố giác, tin báo về tội phạm không quá 20 ngày kể từ ngày cơ quan có thẩm quyền nhận được tố giác, tin báo về tội phạm. Đối với tố giác, tin báo về tội phạm có nhiều tình tiết phức tạp hoặc phải kiểm tra, xác minh tại nhiều địa điểm thì Thủ trưởng, Phó Thủ trưởng (trong trường hợp được Thủ trưởng ủy quyền hoặc phân công), cấp trưởng, cấp phó (trong trường hợp được cấp trưởng ủy quyền hoặc phân công) cơ quan đang thụ lý, giải quyết có thể kéo dài thời hạn giải quyết nhưng không quá 02 tháng kể từ ngày nhận được tố giác, tin báo về tội phạm thuộc thẩm quyền giải quyết.

Thời hạn giải quyết tiếp trong trường hợp Viện kiểm sát hủy bỏ quyết định tạm đình chỉ việc giải quyết tố giác, tin báo về tội phạm của cơ quan đang thụ lý, giải quyết là không quá 01 tháng kể từ ngày cơ quan đang thụ lý, giải quyết tố giác, tin báo về tội phạm nhận được quyết định hủy bỏ quyết định tạm đình chỉ.

Thời hạn giải quyết tiếp trong trường hợp cơ quan đang thụ lý, giải quyết tố giác, tin báo về tội phạm ra quyết định phục hồi giải quyết tố giác, tin báo về tội phạm là không quá 01 tháng kể từ ngày ra quyết định phục hồi.

7. Thông báo kết quả tiếp nhận, giải quyết tố giác, tin báo về tội phạm

Trong thời hạn 03 ngày làm việc kể từ ngày tiếp nhận tố giác, tin báo về tội phạm, cơ quan có thẩm quyền tiếp nhận phải thông báo bằng văn bản về kết quả tiếp nhận cho Viện kiểm sát cùng cấp hoặc Viện kiểm sát có thẩm quyền, cơ quan, tổ chức, cá nhân đã tố giác, báo tin về tội phạm biết.

Khi kết thúc việc giải quyết tố giác, tin báo về tội phạm, cơ quan có thẩm quyền giải quyết tố giác, tin báo về tội phạm phải gửi kết quả giải quyết cho Viện kiểm sát đã thực hành quyền công tố và kiểm sát việc giải quyết tố giác, tin báo về tội phạm.

Trong thời hạn 03 ngày kể từ ngày kết thúc việc giải quyết tố giác, tin báo về tội phạm, các cơ quan có thẩm quyền giải quyết tố giác, tin báo về tội phạm có trách nhiệm thông báo cho cá nhân, cơ quan, tổ chức đã tố giác, báo tin về tội phạm biết kết quả giải quyết vụ việc.

Trong thời hạn 03 ngày kể từ ngày ra quyết định phục hồi giải quyết tố giác, tin báo về tội phạm, cơ quan có thẩm quyền giải quyết phải gửi quyết định phục hồi cho Viện kiểm sát cùng cấp hoặc Viện kiểm sát có thẩm quyền và cơ quan, tổ chức, cá nhân đã tố giác.

Dịch vụ pháp lý của Văn phòng luật sư Thái Minh

    1. Tư vấn, hỗ trợ pháp lý cho người tố giác, tin báo về tội phạm trong việc thực hiện quyền, nghĩa vụ tố giác, tin báo tội phạm
    2. Tư vấn, hỗ trợ pháp lý cho người bị tố giác hoặc người bị kiến nghị khởi tố: Đưa ra chứng cứ, tài liệu, đồ vật, yêu cầu; Có mặt khi lấy lời khai; Có mặt khi đối chất…
    3. Tư vấn, hỗ trợ pháp lý cho người tố giác, tin báo về tội phạm; người bị tố giác tin báo về tội phạm thực hiện quyền khiếu nại quyết định, hành vi tố tụng của cơ quan, người có thẩm quyền tiến hành tố tụng trong việc tiếp nhận, giải quyết tố giác, tin báo về tội phạm
    4. Các dịch vụ pháp lý khác theo yêu cầu hợp pháp của khách hàng và theo quy định pháp luật

Xem thêm: Thông tư liên tịch 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC quy định việc phối hợp giữa cơ quan có thẩm quyền trong việc thực hiện quy định của Bộ luật Tố tụng hình sự năm 2015 về tiếp nhận, giải quyết tố giác, tin báo về tội phạm, kiến nghị khởi tố do Bộ trưởng Bộ Công an – Bộ Quốc phòng – Bộ Tài chính – Bộ Nông nghiệp và Phát triển nông thôn – Viện trưởng Viện kiểm sát nhân dân tối cao ban hành

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VĂN PHÒNG LUẬT SƯ THÁI MINH

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EmailLuatthaiminh@gmail.com

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679 thoughts on “TỐ GIÁC, TIN BÁO VỀ TỘI PHẠM; TRÌNH TỰ, THỦ TỤC GIẢI QUYẾT THEO QUY ĐỊNH PHÁP LUẬT

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