Data on Escape Cases Due to Changes in Preventive Measures

management, criminal rehabilitation, upgrading the prison system, innovating and improving the quality of detention and rehabilitation.

Thus, prison escapes mainly occur due to loopholes in the guarding and protection of prisons and cells; in the management of prisoners going to work or going to hospitals, in which cases of breaking into prison cells and escaping while working account for a significant proportion; Detention conditions do not ensure safety. Notably, some prisons, due to overemphasizing production tasks, have sent prisoners to work indiscriminately when the prisoners' ideology and attitude towards reform are not yet firmly established.

It should also be noted that the number of wanted subjects who escaped in other cases such as: Evading execution of sentence; escaping while being escorted, escaping during the period of suspension of execution of sentence, escaping while on bail awaiting trial... also occurred. In which, the main phenomenon is the crime of escaping execution of prison sentence, escaping arrest warrant of the People's Procuracy, People's Court or escaping due to incorrect application of BPNC on the nature of the subject, escaping due to delay in issuing decisions on criminal procedure (arrest, search).

Second, the Criminal Procedure Code stipulates that after arresting a wanted person, they must be immediately taken to the nearest police agency, prosecutor's office or People's Committee.

However, in practice, the qualifications and capacity of the staff at the grassroots level are still limited, which has had a significant impact on the implementation of activities to receive wanted persons such as making records of arrests according to the provisions of Article 84 of the Criminal Procedure Code, causing difficulties for the following agencies in the process of receiving wanted persons. Or there is a phenomenon of pushing and avoiding in receiving wanted persons between investigation agencies; The departments, branches, unions and mass forces have not been mobilized to participate in the work of detecting, arresting and mobilizing wanted subjects to surrender...

Third, the arrest of a wanted person was not in accordance with proper procedures and without authority.

After arrest, the rate of surrender of wanted persons, including suspension of investigation, accounts for 2.17% [8]. Although, compared with other handling results,

This number is not high, but the suspension of investigation needs to be limited to the lowest level. The reason for this situation is that some units issue wrongful, incorrect decisions, decisions on the wrong person, the wrong crime, decisions on the wrong person based on statements, without basis, not following the correct procedure, leading to the situation that when arresting the subject, investigating and clarifying, there are no signs of crime, cannot handle or there is not enough basis to handle, must issue a decision to suspend the investigation.

Fourth, the participation of the masses in arresting wanted persons is still limited.

Although with the spirit of the entire people participating in maintaining and protecting social security and order, preventing crime, however, through the analysis of 39,286 wanted subjects who were arrested, mobilized to surrender and eliminated wanted subjects, it shows that the results of the people's activities in capturing wanted subjects are still too low (accounting for 0.90%) [8]. This depends on two main factors: Wanted people have many sophisticated and dangerous methods of hiding and coping, so it is difficult for the people to detect and capture them. On the other hand, the work of initiating, guiding and organizing the people to voluntarily and actively participate in the work of capturing criminals has not been carried out effectively. The phenomenon of a part of the people being indifferent, fearful, avoiding, even afraid of criminals or covering up and harboring; not actively supporting the investigation agency in capturing criminals still occurs...

Fifth, the application of criminal policies towards wanted persons who surrender is still inconsistent.

Among the measures applied by the Investigation Agency to arrest fugitive criminals, there is a measure to persuade them to surrender. However, the application of criminal policies to wanted persons who surrender is not consistent. In some cases, wanted persons who surrender are entitled to mitigating circumstances, while in other cases, they are not.

In the past, when handling a criminal case with signs of a criminal confessing and surrendering, the Courts understood and applied this circumstance very differently, not only for the Judges of the District Court, Provincial Court, the Supreme People's Court of Appeal, but also for the Board of Review. This shows that the circumstance of a criminal confessing and surrendering has a very important meaning for the agencies conducting the proceedings to apply in prosecuting criminal liability as well as when deciding on punishment.

Regarding the circumstance of the offender confessing, after the 1985 Penal Code came into legal effect, on June 2, 1990, the joint sector of the Ministry of Interior, the Supreme People's Procuracy, the Supreme People's Court, and the Ministry of Justice issued Circular No. 05/TTLN providing relatively complete and detailed guidance on determining and applying this circumstance when resolving a criminal case with signs of the offender confessing. However, in the process of applying this Circular when deciding on penalties for criminals, especially after the 1999 Penal Code came into legal effect, the Court found that if all cases of criminals confessing and surrendering were applied to Clause 1, Article 46 of the Penal Code, it would be unsatisfactory, so on June 10, 2002, the Chief Justice of the Supreme People's Court issued Official Letter No. 81/2001/TANDTC instructing the Courts to only apply Clause 1, Article 46 of the Penal Code to the circumstance of criminals confessing, and the circumstance of criminals surrendering is only applied to Clause 2, Article 46 of the Penal Code. After the above Official Letter was issued, the Investigation Agency and the Procuracy did not have any comments, but the different opinions came from the Judges of the Court. The majority of Judges considered Official Letter No. 81 as an official document of the Supreme People's Court providing guidance, so there was no reason not to apply it. However, some judges want to apply point o, clause 1, Article 46 of the Penal Code so that if the offender has another mitigating circumstance as prescribed in clause 1, Article 46 of the Penal Code, Article 47 of the Penal Code will be applied to impose a penalty below the lowest level of the penalty range or to change to a lighter penalty, so they believe that Official Dispatch No. 81 is not yet a legal document and therefore does not require judges to comply, while Circular No. 05 has a higher legal value and has not been replaced; therefore, in the case of a criminal surrendering,

Applying Point o, Clause 1, Article 46 of the Penal Code. This is not a big issue, but in some cases, there are differences between the Court of First Instance and the Court of Appeal in determining and applying the circumstances stipulated in Point o, Clause 1, Article 46 of the Penal Code, which fundamentally changes the decision on the offender, such as: The Court of First Instance sentenced the defendant to imprisonment because it determined that the defendant only surrendered, but the Court of Appeal determined that the defendant confessed, so the defendant was given a suspended sentence or a significant reduction in the sentence for the defendant; after the appeal trial, the Court of First Instance disagreed and recommended a review of the appeal judgment... [26]. The content of the official dispatch on the policy for wanted subjects is not specific and clear, so it has not been effective in calling on wanted subjects to surrender.

Sixth, the information on the QDTN does not yet meet the requirements for detecting and arresting wanted persons.

Although the Criminal Procedure Code stipulates very specifically the content of the wanted notice, however, through the practice of wanted notices, it shows that the lack of necessary information as prescribed in the wanted notices and wanted notices of competent authorities continues to occur. Analyzing 39,730 subjects with wanted notices in the 5 years 2004-2009, the wanted notices lacking information accounted for 49.14%, of which 7,831/39,730 subjects lacked photos or had photos but were unclear (accounting for 19.71%), 6,118/39,730 subjects lacked identification features (accounting for 15.39%), 981/39,730 subjects lacked family history (accounting for 2.46%), 4,593/39,730 subjects lacked relationships (accounting for 11.58%). Thus, the number of Decisions (warrants) for wanted persons with full information as prescribed by the 2003 Criminal Procedure Code is 20,207 subjects (accounting for 50.86%) [8]. With this rate, it will be very difficult for the masses and specialized forces to participate in detecting and arresting wanted persons. This not only makes the wanted work less effective but also directly causes the number of wanted subjects to increase and become more stagnant.

If compared with the quality of the QDTN that the Vietnam Interpol Office received from the international Interpol in recent years, it shows that nearly 100%

The notices all contain very detailed information such as: personal characteristics, photo, fingerprints, full name, gender, date and place of birth, parents' names, nationality, identification documents, special identifying characteristics, occupation of the subject, languages ​​the subject can use; summary information about the case, accomplices, crime, law provisions on crime, maximum sentence that can be applied, investigation, prosecution, trial period or duration of arrest warrant, arrest warrant number (date of issue, place of issue), decision or verdict number (date of issue, place of issue), procedures to be carried out when discovering the subject...[22].

Seventh, the investigation agency has not done a good job of verifying and investigating thoroughly before issuing a verdict.

QDTN

The Law on Civil Procedure has prescribed that the right to a civil judgment be granted to the following subjects:

- Accurately identified the crime or sentence, full name, age,

Personal history, identification characteristics, relationships of the subject and attached photo (if any), name plate, and address of the subject.

- Measures have been taken to verify and arrest but without results [5].

However, in reality, there are cases where the subject has not yet reached the level of needing to issue a warrant but still issues a warrant. Some subjects are issued a warrant until they are arrested after only 1-2 days or after the decision to approve the decision to prosecute the accused, the Investigation Agency issues a warrant without taking any measures to temporarily detain them. There are many cases where a warrant is issued, when the investigation period expires, a decision is made to temporarily suspend the investigation to close the file without extending the investigation period to organize the arrest of the wanted subject. In some investigation departments, because they want to complete the file or want to quickly arrest the subject to quickly end the case, there are cases where the warrant is not yet at the level of needing to be issued but the warrant is still issued. There are still cases where investigators want to issue a warrant to arrest and meet the arrest target for the unit.

Eighth, the application of BPNC for bail by the investigation agency, prosecution, and trial is not strict, timely, and not on the right subjects.

During the process of conducting procedural activities, the investigation, prosecution and trial agencies did not apply the BPNC for bail closely, promptly and to the wrong subjects, so the subjects took advantage of the situation to escape and had to be wanted (accounting for 12.16%), causing difficulties for the investigation, trial and execution of sentences.

Table 2.5: Data on escape cases due to changes in preventive measures

BPNC Change Agency

Number of objects	Percentage
Investigation agency	1,835	38%
Procuracy	724	15%
Court	2,271	47%

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• Qos Assurance Methods for Multimedia Communications zt2i3t4l5ee zt2a3gs zt2a3ge zc2o3n4t5e6n7ts low. The EF PHB requires a sufficiently large number of output ports to provide low delay, low loss, and low jitter. EF PHBs can be implemented if the output port's bandwidth is sufficiently large, combined with small buffer sizes and other network resources dedicated to EF packets, to allow the router's service rate for EF packets on an output port to exceed the arrival rate λ of packets at that port. This means that packets with PHB EF are considered with a pre-allocated amount of output bandwidth and a priority that ensures minimum loss, minimum delay and minimum jitter before being put into operation. PHB EF is suitable for channel simulation, leased line simulation, and real-time services such as voice, video without compromising on high loss, delay and jitter values. Figure 2.10 Example of EF installation Figure 2.10 shows an example of an EF PHB implementation. This is a simple priority queue scheduling technique. At the edges of the DS domain, EF packet traffic is prioritized according to the values ​​agreed upon by the SLA. The EF queue in the figure needs to output packets at a rate higher than the packet arrival rate λ. To provide an EF PHB over an end-to-end DS domain, bandwidth at the output ports of the core routers needs to be allocated in advance to ensure the requirement μ > λ. This can be done by a pre-configured provisioning process. In the figure, EF packets are placed in the priority queue (the upper queue). With such a length, the queue can operate with μ > λ. Since EF was primarily used for real-time services such as voice and video, and since real-time services use UDP instead of TCP, RED is generally not suitable for EF queues because applications using UDP will not respond to random packet drop and RED will strip unnecessary packets. 2.2.4.2 Assured Forwarding (AF) PHB PHB AF is defined by RFC 2597. The purpose of PHB AF is to deliver packets reliably and therefore delay and jitter are considered less important than packet loss. PHB AF is suitable for non-real-time services such as applications using TCP. PHB AF first defines four classes: AF1, AF2, AF3, AF4. For each of these AF classes, packets are then classified into three subclasses with three distinct priority levels. Table 2.8 shows the four AF classes and 12 AF subclasses and the DSCP values ​​for the 12 AF subclasses defined by RFC 2597. RFC 2597 also allows for more than three separate priority levels to be added for internal use. However, these separate priority levels will only have internal significance. PHB Class PHB Subclass Package type DSCP AF4 AF41 Short 100010 AF42 Medium 100100 AF43 High 100110 AF3 AF31 Short 011010 AF32 Medium 011100 AF33 High 011110 AF2 AF21 Short 010010 AF22 Medium 010100 AF23 High 010110 AF1 AF11 Short 001010 AF12 Medium 001100 AF13 High 001110 Table 2.8 AF DSCPs The AF PHB ensures that packets are forwarded with a high probability of delivery to the destination within the bounds of the rate agreed upon in an SLA. If AF traffic at an ingress port exceeds the pre-priority rate, which is considered non-compliant or “out of profile”, the excess packets will not be delivered to the destination with the same probability as the packets belonging to the defined traffic or “in profile” packets. When there is network congestion, the out of profile packets are dropped before the in profile packets are dropped. When service levels are defined using AF classes, different quantity and quality between AF classes can be realized by allocating different amounts of bandwidth and buffer space to the four AF classes. Unlike EF, most AF traffic is non-real-time traffic using TCP, and the RED queue management strategy is an AQM (Adaptive Queue Management) strategy suitable for use in AF PHBs. The four AF PHB layers can be implemented as four separate queues. The output port bandwidth is divided into four AF queues. For each AF queue, packets are marked with three “colors” corresponding to three separate priority levels. In addition to the 32 DSCP 1 groups defined in Table 2.8, 21 DSCPs have been standardized as follows: one for PHB EF, 12 for PHB AF, and 8 for CSCP. There are 11 DSCP 1 groups still available for other standards. 2.2.5.Example of Differentiated Services We will look at an example of the Differentiated Service model and mechanism of operation. The architecture of Differentiated Service consists of two basic sets of functions: Edge functions: include packet classification and traffic conditioning. At the inbound edge of the network, incoming packets are marked. In particular, the DS field in the packet header is set to a certain value. For example, in Figure 2.12, packets sent from H1 to H3 are marked at R1, while packets from H2 to H4 are marked at R2. The labels on the received packets identify the service class to which they belong. Different traffic classes receive different services in the core network. The RFC definition uses the term behavior aggregate rather than the term traffic class. After being marked, a packet can be forwarded immediately into the network, delayed for a period of time before being forwarded, or dropped. We will see that there are many factors that affect how a packet is marked, and whether it is forwarded immediately, delayed, or dropped. Figure 2.12 DiffServ Example Core functionality: When a DS-marked packet arrives at a Diffservcapable router, the packet is forwarded to the next router based on Per-hop behavior is associated with packet classes. Per-hop behavior affects router buffers and the bandwidth shared between competing classes. An important principle of the Differentiated Service architecture is that a router's per-hop behavior is based only on the packet's marking or the class to which it belongs. Therefore, if packets sent from H1 to H3 as shown in the figure receive the same marking as packets from H2 to H4, then the network routers treat the packets exactly the same, regardless of whether the packet originated from H1 or H2. For example, R3 does not distinguish between packets from h1 and H2 when forwarding packets to R4. Therefore, the Differentiated Service architecture avoids the need to maintain router state about separate source-destination pairs, which is important for network scalability. Chapter Conclusion Chapter 2 has presented and clarified two main models of deploying and installing quality of service in IP networks. While the traditional best-effort model has many disadvantages, later models such as IntServ and DiffServ have partly solved the problems that best-effort could not solve. IntServ follows the direction of ensuring quality of service for each separate flow, it is built similar to the circuit switching model with the use of the RSVP resource reservation protocol. IntSer is suitable for services that require fixed bandwidth that is not shared such as VoIP services, multicast TV services. However, IntSer has disadvantages such as using a lot of network resources, low scalability and lack of flexibility. DiffServ was born with the idea of ​​solving the disadvantages of the IntServ model. DiffServ follows the direction of ensuring quality based on the principle of hop-by-hop behavior based on the priority of marked packets. The policy for different types of traffic is decided by the administrator and can be changed according to reality, so it is very flexible. DiffServ makes better use of network resources, avoiding idle bandwidth and processing capacity on routers. In addition, the DifServ model can be deployed on many independent domains, so the ability to expand the network becomes easy. Chapter 3: METHODS TO ENSURE QoS FOR MULTIMEDIA COMMUNICATIONS In packet-switched networks, different packet flows often have to share the transmission medium all the way to the destination station. To ensure the fair and efficient allocation of bandwidth to flows, appropriate serving mechanisms are required at network nodes, especially at gateways or routers, where many different data flows often pass through. The scheduler is responsible for serving packets of the selected flow and deciding which packet will be served next. Here, a flow is understood as a set of packets belonging to the same priority class, or originating from the same source, or having the same source and destination addresses, etc. In normal state when there is no congestion, packets will be sent as soon as they are delivered. In case of congestion, if QoS assurance methods are not applied, prolonged congestion can cause packet drops, affecting service quality. In some cases, congestion is prolonged and widespread in the network, which can easily lead to the network being "frozen", or many packets being dropped, seriously affecting service quality. Therefore, in this chapter, in sections 3.2 and 3.3, we introduce some typical network traffic load monitoring techniques to predict and prevent congestion before it occurs through the measure of dropping (removing) packets early when there are signs of impending congestion. 3.1. DropTail method DropTail is a simple, traditional queue management method based on FIFO mechanism. All incoming packets are placed in the queue, when the queue is full, the later packets are dropped. Due to its simplicity and ease of implementation, DropTail has been used for many years on Internet router systems. However, this algorithm has the following disadvantages: − Cannot avoid the phenomenon of “Lock out”: Occurs when 1 or several traffic streams monopolize the queue, making packets of other connections unable to pass through the router. This phenomenon greatly affects reliable transmission protocols such as TCP. According to the anti-congestion algorithm, when locked out, the TCP connection stream will reduce the window size and reduce the packet transmission speed exponentially. − Can cause Global Synchronization: This is the result of a severe “Lock out” phenomenon. Some neighboring routers have their queues monopolized by a number of connections, causing a series of other TCP connections to be unable to pass through and simultaneously reducing the transmission speed. After those monopolized connections are temporarily suspended, Once the queue is cleared, it takes a considerable amount of time for TCP connections to return to their original speed. − Full Queue phenomenon: Data transmitted on the Internet often has an explosion, packets arriving at the router are often in clusters rather than in turn. Therefore, the operating mechanism of DropTail makes the queue easily full for a long period of time, leading to the average delay time of large packets. To avoid this phenomenon, with DropTail, the only way is to increase the router's buffer, this method is very expensive and ineffective. − No QoS guarantee: With the DropTail mechanism, there is no way to prioritize important packets to be transmitted through the router earlier when all are in the queue. Meanwhile, with multimedia communication, ensuring connection and stable speed is extremely important and the DropTail algorithm cannot satisfy. The problem of choosing the buffer size of the routers in the network is to “absorb” short bursts of traffic without causing too much queuing delay. This is necessary in bursty data transmission. The queue size determines the size of the packet bursts (traffic spikes) that we want to be able to transmit without being dropped at the routers. In IP-based application networks, packet dropping is an important mechanism for indirectly reporting congestion to end stations. A solution that prevents router queues from filling up while reducing the packet drop rate is called dynamic queue management. 3.2. Random elimination method – RED 3.2.1 Overview RED (Random Early Detection of congestion; Random Early Drop) is one of the first AQM algorithms proposed in 1993 by Sally Floyd and Van Jacobson, two scientists at the Lawrence Berkeley Laboratory of the University of California, USA. Due to its outstanding advantages compared to previous queue management algorithms, RED has been widely installed and deployed on the Internet. The most fundamental point of their work is that the most effective place to detect congestion and react to it is at the gateway or router. Source entities (senders) can also do this by estimating end-to-end delay, throughput variability, or the rate of packet retransmissions due to drop. However, the sender and receiver view of a particular connection cannot tell which gateways on the network are congested, and cannot distinguish between propagation delay and queuing delay. Only the gateway has a true view of the state of the queue, the link share of the connections passing through it at any given time, and the quality of service requirements of the traffic flows. The RED gateway monitors the average queue length, which detects early signs of impending congestion (average queue length exceeding a predetermined threshold) and reacts appropriately in one of two ways: − Drop incoming packets with a certain probability, to indirectly inform the source of congestion, the source needs to reduce the transmission rate to keep the queue from filling up, maintaining the ability to absorb incoming traffic spikes. − Mark “congestion” with a certain probability in the ECN field in the header of TCP packets to notify the source (the receiving entity will copy this bit into the acknowledgement packet). Figure 3. 1 RED algorithm The main goal of RED is to avoid congestion by keeping the average queue size within a sufficiently small and stable region, which also means keeping the queuing delay sufficiently small and stable. Achieving this goal also helps: avoid global synchronization, not resist bursty traffic flows (i.e. flows with low average throughput but high volatility), and maintain an upper bound on the average queue size even in the absence of cooperation from transport layer protocols. To achieve the above goals, RED gateways must do the following: − The first is to detect congestion early and react appropriately to keep the average queue size small enough to keep the network operating in the low latency, high throughput region, while still allowing the queue size to fluctuate within a certain range to absorb short-term fluctuations. As discussed above, the gateway is the most appropriate place to detect congestion and is also the most appropriate place to decide which specific connection to report congestion to. − The second thing is to notify the source of congestion. This is done by marking and notifying the source to reduce traffic. Normally the RED gateway will randomly drop packets. However, if congestion If congestion is detected before the queue is full, it should be combined with packet marking to signal congestion. The RED gateway has two options: drop or mark; where marking is done by marking the ECN field of the packet with a certain probability, to signal the source to reduce the traffic entering the network. − An important goal that RED gateways need to achieve is to avoid global synchronization and not to resist traffic flows that have a sudden characteristic. Global synchronization occurs when all connections simultaneously reduce their transmission window size, leading to a severe drop in throughput at the same time. On the other hand, Drop Tail or Random Drop strategies are very sensitive to sudden flows; that is, the gateway queue will often overflow when packets from these flows arrive. To avoid these two phenomena, gateways can use special algorithms to detect congestion and decide which connections will be notified of congestion at the gateway. The RED gateway randomly selects incoming packets to mark; with this method, the probability of marking a packet from a particular connection is proportional to the connection's shared bandwidth at the gateway. − Another goal is to control the average queue size even without cooperation from the source entities. This can be done by dropping packets when the average size exceeds an upper threshold (instead of marking it). This approach is necessary in cases where most connections have transmission times that are less than the round-trip time, or where the source entities are not able to reduce traffic in response to marking or dropping packets (such as UDP flows). 3.2.2 Algorithm This section describes the algorithm for RED gateways. RED gateways calculate the average queue size using a low-pass filter. This average queue size is compared with two thresholds: minth and maxth. When the average queue size is less than the lower threshold, no incoming packets are marked or dropped; when the average queue size is greater than the upper threshold, all incoming packets are dropped. When the average queue size is between minth and maxth, each incoming packet is marked or dropped with a probability pa, where pa is a function of the average queue size avg; the probability of marking or dropping a packet for a particular connection is proportional to the bandwidth share of that connection at the gateway. The general algorithm for a RED gateway is described as follows: [5] For each packet arrival Caculate the average queue size avg If minth ≤ avg < maxth div.maincontent .s1 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 15pt; } div.maincontent .s2 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 15pt; } div.maincontent .p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent .s3 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s4 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s5 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s6 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s7 { color: black; font-family:Wingdings; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s8 { color: black; font-family:Arial, sans-serif; font-style: italic; font-weight: bold; text-decoration: none; font-size: 15pt; } div.maincontent .s9 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s10 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; vertical-align: 6pt; } div.maincontent .s11 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 13pt; } div.maincontent .s12 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 10pt; } div.maincontent .s13 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-d
• Procedure for Applying Law in Criminal Investigation Cases
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Source: [8].

Analysis of the data in the table above shows that, among the three agencies, the Investigation Agency, the Procuracy and the Court, the Court's change of the penalty mechanism to allow criminals to escape is the most (accounting for 47%), followed by the Investigation Agency and the Procuracy. Therefore, during implementation, these agencies need to further strengthen their sense of responsibility and working capacity to avoid cases where criminals take advantage of the situation to escape.

Nine, the coordination relationship between the Investigation Agency and the Court

Although the Joint Circular No. 03/TTLN dated January 7, 1995 provides relatively specific guidance on the issue of wanted suspects and defendants during the prosecution and trial stages. However, in reality, the issue of implementing the Court's request to search for suspects and defendants still has many shortcomings. In some cases, it has not been implemented in a timely manner. This is shown in the fact that after receiving the Court's request to search for defendants, the Investigation Agency did not comply with Regulation No. 107/C11-C27 dated January 12, 1993 of the General Department of the People's Police on responsibilities.

The responsibility of the police forces and levels in building and exploiting information to serve the criminal investigation results in the issuance of arrest warrants too late.

Also according to the above Circular, after the expiration of one month from the date of the Court's official dispatch requesting the arrest, if the search has not resulted in any results, the Investigation Agency that issued the arrest warrant must notify the Court so that the Court can issue a decision to bring the case to trial in absentia of the defendant as prescribed. However, in reality, there are many cases where the above deadline has expired and the Investigation Agency has not notified the Court. As a result, the case has been prolonged, leading to many cases exceeding the statutory time limit. This demonstrates that there has not been close coordination between the agencies conducting the proceedings in the search for suspects and defendants. The Court and the Procuracy have not urged or reminded the Investigation Agency to monitor the search for suspects and defendants in accordance with the provisions of law.

Tenth, international cooperation on wanted persons

Besides the achieved results, the international wanted work is still facing difficulties and problems:

- Through the practice of coordination in the pursuit and transfer of international criminals, it has been shown that the verification and investigation of subjects through criminal judicial assistance activities is difficult, incomplete and does not ensure the time limit as prescribed by law, especially in the application of regulations on detention and handling of foreign criminals. Due to the limited provision of information, the determination of criminal records, previous criminal records, characteristics of subjects in Vietnam and their activities in Vietnam after their return must be very elaborate, meticulous and timely because subjects move quickly, use fake passports, change their names and surnames to escape from one country to another to continue committing crimes.

- Currently, there is no bilateral cooperation mechanism with other countries on the capture of wanted criminals, while information exchange activities between countries

The work of arresting wanted subjects is still very limited. The arrest of wanted subjects right at the border gate according to the provisions of law has not been implemented yet because the regulations on the professional activities of the Ministry of Public Security for subjects banned from leaving the country, banned from entering the country, cautioned about leaving the country... must be approved by the Ministry's leaders. On the other hand, the arrest and temporary detention of wanted subjects who are foreigners because we do not decide to prosecute the accused, the Police force can only temporarily detain for a maximum of 09 days according to the provisions of the Criminal Procedure Code and hand them over to foreign law enforcement agencies (the Procuracy cannot approve the temporary detention order), so it is very difficult to verify and handle the subjects.

- In terms of legal mechanisms both domestically and internationally. Domestically, the wanted activities have only stopped at written requests without clear regulations, and for foreign countries, the number of mutual legal assistance agreements with countries that we have signed is not much. Coordination in investigating and arresting fugitives related to foreign countries is still limited due to differences in the laws of each country and there are no specific coordination regulations. The funding source for international wanted services is very limited, the level of staff has not met the requirements. This is an issue that is being raised and requires more attention, especially legal issues, and staff must at the same time strengthen measures to proactively prevent the situation of fleeing abroad and vice versa.

2.3.2. Causes of the above-mentioned shortcomings and limitations

2.3.2.1. Causes due to the subjective consciousness of the subject applying measures to prevent and arrest wanted persons

- Subjectively, due to the low awareness of wanted work in some places and at some times; not really paying attention to directing and closely inspecting to promptly detect and correct shortcomings and deficiencies in wanted work; the coordination mechanism between forces is not tight; professional activities and organization