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Coordination Between the Police Investigation Agency and Other Agencies in Applying Preventive Measures Against Juvenile Offenders


- Time and place of crime, development of criminal behavior, tools and means used by minors in committing the crime, characteristics of the perpetrator.

To leak the above basic content, the following control measures can be taken:

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+ Request the whistleblower and the organization that reported the crime to explain

and leak the contents of the incident, providing necessary documents related to the criminal behavior of minors.

Coordination Between the Police Investigation Agency and Other Agencies in Applying Preventive Measures Against Juvenile Offenders

+ Research records and documents.


+ Conduct scene protection.


+ Carry out verification measures to determine the location of the crime, the perpetrator, and the relationships between the perpetrators.

Checking and verifying the above contents is to detect and collect evidence documents, revealing the basis for applying necessary preventive measures against minors.

4. Decision on applying preventive measures:


After checking and verifying reports and denunciations of crimes, when there is sufficient basis to apply preventive measures, the Investigation Agency shall issue one of the following decisions:

+ In case the case has actually occurred, the subject committing the crime has been revealed, to the extent that criminal liability must be prosecuted and there are no urgent circumstances prescribed in Articles 81 and 82 of the Criminal Procedure Code, the Investigation Police Agency shall issue a decision to initiate a criminal case, prosecute the accused and apply preventive measures to arrest the accused for temporary detention when satisfying Articles 80, 88 and 303 of the Criminal Procedure Code.

+ In case, in fact, a crime has occurred or is about to occur, the criminal act of a minor satisfies the signs prescribed in Article 81, Article 82, urgent circumstances appear, and cannot be delayed, then


The investigation agency shall issue an emergency arrest warrant or arrest a person caught red-handed and decide to apply preventive measures to temporarily detain the arrested person when the contents of Article 86 and Article 303 of the Criminal Procedure Code are satisfied.

+ In case of arresting a person red-handed committing a crime or receiving a person caught red-handed committing a crime, if all conditions specified in Article 86 and Article 303 of the Criminal Procedure Code are met, a decision on temporary detention shall be made.

+ In case the arrested and detained person meets all the conditions prescribed in Article 88 and Article 303 of the Criminal Procedure Code, the Investigation Agency shall issue a decision to detain the accused after deciding to initiate a case and prosecute the accused against the minor who committed the crime.

+ In case preventive measures such as temporary detention or imprisonment are not applied, the investigation agency may hand over the arrested person to the family or local authorities for supervision and education, or if necessary, apply other preventive measures.

5. Notify the family of the arrested person, local authorities, and the organization or agency where the arrested person resides or works of the arrest. If the notification hinders the investigation, the investigating agency must immediately notify the family once the hindrance is no longer present.

In the process of applying preventive measures against juvenile offenders, the investigation agency must perform these tasks well. Although our country's law does not stipulate the task of applying preventive measures against juvenile offenders, based on the provisions on authority and responsibility, and on the practical application of preventive measures against juvenile offenders of the investigation agency, the specific tasks as stated above are determined.

1.2.5. Coordination between the Police Investigation Agency and other agencies in applying preventive measures against juvenile offenders

In order to ensure the effectiveness of preventive measures against juvenile offenders, the police investigation agency must closely coordinate with


agencies and units inside and outside the Police force on the basis of functions, tasks and powers prescribed by law.

Article 26 of the 2004 Criminal Investigation Organization Ordinance stipulates:


1. The relationship between the investigating agencies with each other, between the investigating agencies and the agencies assigned to conduct certain investigative activities, and between the agencies assigned to conduct certain investigative activities with each other is a relationship of division of labor and coordination in investigative activities. Written requests of the investigating agencies must be strictly implemented by the agencies assigned to conduct certain investigative activities.

2. In case of a case with signs of a crime but the investigating authority has not been determined, the agency that discovers it first must immediately apply investigative measures according to the provisions of the Criminal Procedure Code. Once the investigating authority has been determined, the case shall be transferred to the competent investigation agency according to the provisions of the Criminal Procedure Code.

3. The agency assigned to conduct certain investigative activities, after initiating a case and applying preventive measures within its authority, must immediately send those decisions to the Procuracy and notify the competent investigation agency.

4. The People's Police, People's Security and Military Procuracy units are responsible for supporting and implementing the requests of the heads and deputy heads of the Investigation Agency, investigators and heads and deputy heads of agencies assigned to conduct certain investigation activities during the investigation.

In addition to the relationship between the above agencies, the coordination relationship is also expressed with other relevant agencies. Within the scope of this topic, we would like to mention some main relationships regarding the application of preventive measures against juvenile offenders as follows:

- The relationship between the head and deputy head of the police investigation agency and the investigator when applying preventive measures against juvenile offenders

The head and deputy head of the investigation police agency are the persons with the authority to order or make decisions to apply certain preventive measures.


is the person who directly resolves the case, is the person who takes the initiative in proposing the application of preventive measures. Therefore, these subjects must have a close, intimate relationship with each other. Specifically:

+ For the chief and deputy chief of the investigation police agency, they must be good experts to be able to guide, inspect, and supervise investigators according to the law when they exercise their procedural powers to make accurate decisions.

+ For investigators who are directly handling the case, they must be proactive in proposing preventive measures. In particular, in the process of handling cases committed by minors, investigators must have professional competence, understanding of minors and professional legal knowledge related to minors in order to be able to make correct recommendations.

- The relationship between the superior investigation agency and the subordinate investigation agency when applying preventive measures against juvenile offenders

According to the provisions of the Criminal Investigation Organization Ordinance, lower-level investigation agencies are subject to the leadership and direction of higher-level investigation agencies. This relationship is shown in the following:

+ The superior investigation agency regularly guides, directs professional activities and supervises the subordinate investigation agency when applying preventive measures against juvenile offenders.

+ District-level police investigation agencies must regularly contact and report to higher-level police investigation agencies for timely guidance and direction.

- The relationship between the specialized police investigation agency and the agency assigned to conduct some investigation activities of the police force in applying preventive measures against juvenile offenders

According to the 2004 Ordinance on Investigation Organization, specialized investigation agencies include investigation agencies on social order, investigation agencies on economic order and positions,


Drug Investigation Agency and Investigation Office (Article 9 of the 2004 Investigation Organization Ordinance).

Agencies assigned to conduct a number of investigative activities include the Department of Road and Railway Traffic Police, the Department of Waterway Traffic Police, the Department of Fire Prevention and Fighting Police, the Department of Social Order Management Police, the Department of Judicial Protection and Support Police, the Department of Road and Railway Traffic Police, the Department of Waterway Traffic Police, the Department of Fire Prevention and Fighting Police, the Department of Social Order Management Police, the Department of Judicial Protection and Support Police, detention camps, and prisons (Article 23 of the 2004 Ordinance on Investigation Organization).

These agencies must closely coordinate with each other in applying preventive measures against juvenile offenders. Specifically:

+ For cases where the perpetrator is a minor and the crime satisfies the signs specified in Clause 1, Article 81 of the Criminal Procedure Code, the agencies assigned to conduct certain investigative activities have the right to issue an emergency arrest warrant.

+ In the process of performing tasks, if a minor is found committing a crime in flagrante delicto, it is necessary to promptly prevent it, make a record, seize documents and evidence related to the crime, and when verifying that there are sufficient conditions for temporary detention according to the provisions of Articles 86 and 303 of the Criminal Procedure Code, issue a temporary detention order. During the initial investigation stage, the agencies have the right to issue a decision to initiate a case, conduct a number of investigative activities, and within 7 days from the date of issuing the decision to initiate a case, these agencies must transfer the case file to the investigation police agency. The investigation police agency must be responsible for receiving the case assigned by the agency assigned to conduct a number of investigative activities. This provision is aimed at promptly preventing crimes, preventing criminals from evading the law, obstructing the investigation and discovery of crimes or continuing to commit crimes. At the same time, it is necessary to avoid the situation of shirking responsibility of competent agencies in the process of fighting to prevent and combat crimes.


- The relationship between provincial and district level investigation agencies and commune and ward level police in arresting criminals red-handed or wanted persons

In reality, the rate of cases of minors caught red-handed committing crimes and being transferred to the ward or commune police is often very high. When such cases occur, the ward or commune police must classify the crime, determine that the minor is caught red-handed committing a crime, and satisfy the provisions of Article 83 and Article 303 of the Criminal Procedure Code, then make a record of the arrest and transfer the arrested person to the Investigation Police Team.

On the contrary, when the Investigation Police arrest a juvenile offender in the area under the management of the ward or commune police, the Investigation Police must coordinate with the ward or commune police to ensure the arrest of the subject achieves good results. To do this effectively, the parties must have a close relationship with each other. Specifically:

+ Provincial and district police investigation agencies must regularly provide guidance on current legal provisions on the application of preventive measures against juvenile offenders and direct professional work for commune and ward police.

+ Commune and ward police must regularly exchange, consult, learn about laws and professional expertise, and seek guidance and direction from the above agencies to perform better.

- The relationship between the police investigation agency and detention camps and temporary detention houses


This relationship is shown in that:


+ The investigation police agency must ensure that the provisions of law on arrest, temporary detention, and temporary custody are followed, such as having a written warrant in accordance with the correct procedure, the content of the warrant must be based on the correct basis and subject, and the temporary detention and temporary custody warrant must be sent to the temporary detention and temporary custody facility, and the investigation police agency must monitor the temporary detention and temporary custody.

+ Detention camps and temporary detention centers must pay attention to monitoring detention to notify the police investigation agency of cases that are about to expire or have expired detention or temporary detention.


detention to ensure that detention is in accordance with the provisions of law and in accordance with the regulations on temporary detention and temporary detention issued under Decree No. 89/1998/ND-CP dated November 7, 1998 of the Government: "It is not allowed to detain people in the same cell for the same case under investigation... it is not allowed to detain minors and adults in the same cell".

Besides, this close coordination also helps the police to better investigate crimes, especially cases with accomplices.

- The relationship between the police investigation agency and the People's Procuracy


According to the provisions of the Criminal Procedure Law, the arrest of a minor suspect for temporary detention, temporary detention, extension of temporary detention, temporary detention, deposit of money or property as security... must be approved by the People's Procuracy of the same level before execution (in Articles 83, 87, 88, 93, 120 of the Criminal Procedure Code).

In case of emergency arrest, although the police agency issues an order, upon completion of the arrest or detention order, a written report must be sent along with relevant documents for the People's Procuracy to approve. Therefore, the police agency and the People's Procuracy need to discuss with each other in advance to apply preventive measures and approve the order with grounds.

If the Procuracy does not agree with the Investigation Police Agency on the application of preventive measures, the Procuracy must respond to the Investigation Police Agency in writing and clearly state the reasons for disagreement to the Investigation Police Agency. At the same time, during the course of conducting investigation activities, the Procuracy regularly inspects and supervises the arrests conducted by the Investigation Police Agency to ensure the proper application of preventive measures.

In short , juvenile offenders are a special type of subject, which needs to be carefully studied when applying preventive measures to them. On the basis of the law, the police investigation agency must perform its duties well and coordinate with other agencies to ensure the effective application of preventive measures.


Chapter 2


Current status of applying preventive measures against juvenile offenders

in Ha Tay province of the Investigation Police Agency


2.1. Some features of the crime situation committed by minors


In recent years, along with the development of the country, the economy, culture and society in Ha Tay province have also had rapid and strong developments and achieved many important achievements.

If the average annual GDP has increased by 7%, people's lives are gradually improving, infrastructure has developed significantly. Currently, many industrial parks, tourist attractions, roads, new urban chains have been and are being formed such as Hoa Lac high-tech park, Xuan Mai - Son Tay urban chain, Vietnamese ethnic cultural tourism village, Lang - Hoa Lac highway... opening up a new prospect for Ha Tay province. Promoting that advantage is due to the proper attention of our Party and State in the socio-economic development strategy. On the other hand, Ha Tay is a large province in the Northern Delta region with a population of over 2.4 million people, adjacent to the capital Hanoi and has 5 national highways running through it. Especially routes 1A connecting Hanoi, Ha Tay with the Central and Southern provinces, route 6A passing through the Northern provinces, are very convenient for the development of trade. At the same time, Ha Tay is a province with great potential for economic and tourism development and is home to many traditional craft villages. If there is proper attention and investment, the future of Ha Tay, the gateway to the capital Hanoi, will be both strong in military and economic terms and will attract many tourists to visit and explore.

However, with the achievements, compared to other provinces in the country, Ha Tay is still a province with a slow economic development and mainly agricultural production, cultural life has many limitations, the number of workers is still small.

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