E/CN.4/1995/31/Add.4 page 6 In some circumstances, the Prosecutor of the People’s Supreme Prosecution Department may assign an investigation to the prosecutor’s offices. During the investigation, the competent services may collect material evidence, examine witnesses or the victim and question the untried prisoner or accused person. They may also conduct searches, with an obligation (art. 117), at the start of the operation, to read out the content of the search warrant to the person concerned, who must also be informed of his rights and obligations. During such searches, the investigators are authorized to seize items which may have been used to commit, or are the proceeds of, the offence. In connection with the seizure of correspondence, telegrams, etc., article 119 requires not only that the investigators establish a mandate for the purpose, but also that the mandate should be approved by the corresponding prosecutor’s office. In the event of emergency, however, these documents may be seized even if these requirements are not met, but the reasons for the emergency must, in such a case, be clearly indicated in the seizure report and the prosecutor’s office must be informed of the seizure as soon as the operations have ended. All the items seized must be kept intact and their destruction or misuse is punishable by the penalties provided for in article 244 of the Penal Code. Searches and seizures must be the subject of a report that clearly indicates the place, date, time and end of the operation, the officials who carried it out, the persons present, etc. The report must be signed by all the persons concerned, who may make amendments to it. The investigators may also use the services of one or more experts when technical problems beyond their competence arise. 19. Article 141 of the Code of Criminal Procedure gives the prosecutor’s office power to monitor the investigation, as well as decision-making power in connection with the post-investigation proceedings. In the exercise of its monitoring power, it ensures that investigations are conducted in accordance with the law, uncovers any illegal practices and takes the necessary corrective action. It also guarantees that no innocent person is prosecuted and that no person is unlawfully arrested, held in police custody, detained, deprived of his rights or attacked in his dignity and honour. It may replace an investigator with whom it is not satisfied and entrust the investigation to another or conduct it itself. It may also order a further investigation. In accordance with its decision-making power in connection with the follow-up to the investigation, it may, within 30 days of receiving the file, bring the untried prisoner or accused person before the trial court, order a further investigation or dismiss the case definitively or temporarily. If it wants to bring the untried prisoner or accused person before the trial court, it has to prepare an indictment clearly indicating the date, time and place of the offence, the means used to commit it, the motive for and consequences of the offence, the evidence against the person who committed it, the personality of that person and the aggravating or extenuating circumstances. The indictment must also state the name of the person who issued it, the date of issue and the articles of the Penal Code providing for and punishing the offence. (c) Trial and remedies 20. Under article 145 of the Code of Criminal Procedure, district courts in Viet Nam have jurisdiction in first instance for any offences punishable by a term of up to seven years’ imprisonment, with the exception of certain offences, especially particularly dangerous breaches of national security.