For Wanted Persons, After Taking Statements, the Investigation Agency Receiving the Arrested Person Must Immediately Notify the Agency That Issued the Wanted Decision

adversely affecting the implementation of the Party's guidelines and State policies; negatively affecting security, order and social safety).

For example: Committing the crime of theft of property, if in two cases there are other similar circumstances, but in the first case, M stole property worth 1.5 million VND and was not administratively prosecuted, not convicted of property appropriation, and did not cause serious consequences; and in the second case, N stole property worth 195 million VND, then only N's case will be prosecuted for criminal liability according to the provisions of the current criminal law, while M's case will not be prosecuted for criminal liability.

Determining the level of significant danger of socially dangerous acts is extremely important in the process of arresting criminals in the act. There are socially dangerous acts that cannot be considered crimes. Distinguishing the significant dangerous nature of crimes will be the basis for applying measures to arrest criminals in the act as criminal BPNC and arrest criminals according to administrative procedures.

2.1.2. Conditions for applying the measure of arresting a person red-handed committing a crime Case 1: The person is discovered committing a crime

“ A person who is committing a crime is a person who is committing a crime as prescribed in the Penal Code but has not completed the crime or has not finished committing the crime when arrested .”

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A person who commits a crime is a person who is committing a crime as prescribed in the Penal Code but has not completed the crime or has not finished committing the crime when he is discovered. The act of committing a crime is an act that has and continues to infringe upon an object protected by criminal law. The act of committing a crime can cause material consequences such as destroying part of another person's property and continuing to destroy it. This is a case where the crime has begun to be committed, is taking place and has not ended in reality, and is causing damage to social relations protected by criminal law. Whether the person committing the crime is discovered or not depends on the characteristics of the crime.

The crime is constituted by the context of the crime, the ability, knowledge, and work position of the person who discovers the crime. In the case of a crime that is being committed with a formal component, even though the material consequences have not yet occurred, it is still considered a crime in progress. For people who are committing murder, robbery, etc., the crime is clear and specific, anyone can detect and catch them red-handed, but for crimes of corruption, crimes against national security, etc., the crime often requires time to verify and conclude, so it is very difficult to arrest people who commit crimes of corruption, crimes against national security in the act, except in cases of denunciation. For example, on the evening of January 18, 2005, the Hanoi City Police Department caught Do Manh Dung, a tax officer of Hoan Kiem district, red-handed while committing the crime of accepting bribes. Dung had been accused by many businesses of harassment and extortion, but it was not until January 18, 2005 that someone reported him to the investigation agency to catch him red-handed. For a prolonged crime, a crime in which the objective behavior is likely to occur without interruption for a long period of time (For example, the crime of illegal possession of weapons, military equipment and military technical means as prescribed in Article 230 of the 1999 Criminal Procedure Code), the offender during that period is considered to be committing the crime [45, pp.91-92].

Second case: Immediately after committing a crime, it is discovered. This is the case where the crime has just been committed, the offender has not yet escaped or is hiding the tools and means of committing the crime, or is erasing traces of the crime before being discovered. In this case, the person present at the scene of the crime discovers it immediately, even though there is no physical evidence, everyone is considered to have committed the crime in flagrante delicto. Therefore, when arresting a criminal in flagrante delicto in this case, there must be evidence proving that the offender has just committed the crime, has not yet escaped, and the discovery and arrest of the offender must occur without interruption in time. Evidence in this case is often determined by the tools and means of committing the crime, objects bearing traces of the crime, objects that are the subject of the crime, that the offender has not yet hidden.

or testimony of a witness, the victim is the person present when the crime is committed [45, p.92].

For example: After stabbing the victim to death, the criminal was stuffing the body into a sack to bury it when he was discovered by the victim's relatives. In this case, even though the tools or means of committing the crime were not visible, the lack of transparency of the person's actions can be used to determine that this is the person who just committed the crime.

Third case : Being chased. This is the case where the offender is committing a crime or is discovered immediately after committing a crime, so he flees and is chased. In this case, the chase must be carried out immediately after the escape to have a basis for correctly identifying the offender, avoiding mistakenly arresting someone who did not commit the crime. In this case of a crime caught in the act, the offender has just finished committing a crime or is in the act of committing a crime when it is discovered and flees, the victim or witness present immediately chases or shouts for the people around to chase. Compared to the first case of a crime caught in the act, in this case, the offender caught in the act is not arrested immediately while committing the crime; compared to the second case of a crime caught in the act, the offender is also not arrested immediately after committing the crime, but there must be a certain period of time to chase the offender. The chase must take place immediately after the offender is exposed and flees, and there must be no time interruption between the fleeing and the chasing. In remote areas, where the offender is a commando, bandit or a violent thug with a weapon, and the person who discovers him is alone and unarmed, if he is caught immediately, he may not be caught, and his life may be in danger, so he must secretly follow him to a crowded place before shouting for everyone to catch him. This is also considered as being chased after committing the crime, because the process of following and following the offender until he reaches a crowded place still ensures continuity in time between the fleeing and chasing [45, p.93].

For example: A person who has just picked someone's wallet is discovered and arrested.

The victim shouted and ran away and was chased, but the person escaped. A few days later, the victim met the person again at the bus station. In this case, the victim cannot immediately arrest the person but must report to the competent authority for consideration and can arrest according to the second emergency case [44].

2.1.3. On the subject and procedure for applying measures to arrest criminals caught red-handed

According to the provisions of Clause 1, Article 82 of the Criminal Procedure Code, the Criminal Procedure Code allows “ any person to have the right to arrest a person caught red-handed” . This is the point of distinction between arresting a person in the case of emergency arrest and arresting a wanted person. With the provision that the authority to arrest is unlimited, the legislator wants to mobilize and promote the active participation of the masses in the fight against crime, in order to create conditions to promptly prevent criminal acts and evasion of the law by criminals, thereby protecting the interests of the state, the rights and legitimate interests of individuals and organizations.

Unlike the application of arresting suspects and defendants for temporary detention and arresting people in urgent cases, arresting people caught red-handed or being wanted does not require a warrant from a competent authority or person in criminal proceedings. Any person has the right to arrest people caught red-handed or being wanted and has the right to disarm the arrested person. The need to immediately disarm the arrested person is extremely necessary, then it will eliminate the conditions for the arrested person to continue committing crimes or resisting the arrester. After arresting a person caught red-handed or being wanted, the arrester (one person or more people) immediately takes the arrested person to the nearest police agency, the Procuracy or the People's Committee. These agencies must make a record and immediately take the arrested person to the competent investigation agency. To ensure proper procedures and regulations of the law, the agencies receiving the arrested person must carry out the necessary actions immediately after arresting or receiving the arrested person in Article 83 of the 2003 Criminal Procedure Code:

“1. After arresting or receiving a person arrested in an emergency or flagrant crime, the Investigation Agency must immediately take a statement and within 24 hours must issue a decision to detain or release the arrested person.

2. For wanted persons, after taking statements, the Investigation Agency receiving the arrested person must immediately notify the agency that issued the wanted decision to come and receive the arrested person .

After receiving the arrested person, the agency that issued the wanted person decision must immediately issue a decision to suspend the wanted person. In case it is deemed that the agency that issued the wanted person decision cannot immediately receive the arrested person, after taking the statement, the investigating agency that received the arrested person must immediately issue a decision to temporarily detain and immediately notify the agency that issued the wanted person decision.

After receiving the notice, the agency that issued the wanted notice and has the authority to arrest for temporary detention must immediately issue a temporary detention order and send the temporary detention order approved by the People's Procuracy at the same level to the Investigation Agency receiving the arrested person. After receiving the temporary detention order, the Investigation Agency receiving the arrested person is responsible for immediately taking that person to the nearest temporary detention center.

Due to the fast and timely nature of arresting people in cases of flagrante delicto, the competent authority must immediately take statements and make a record of the arrest. The record of arresting people in cases of flagrante delicto is an important source of documentary evidence to solve the case. The content of the record must be fully recorded according to the provisions of Article 84 of the 2003 Criminal Procedure Code:

“ 1. The person executing the arrest warrant must make a record in all cases.

The minutes must clearly state the date, hour, month, year, place of arrest, place where the minutes were made; actions taken, developments during the execution of the arrest warrant, objects and documents temporarily seized, and complaints of the arrested person.

The minutes must be read to the arrested person and witnesses. The arrested person, the person executing the arrest warrant and the witnesses must sign the minutes. If anyone has a different opinion or disagrees with the content of the minutes, they have the right to write it in the minutes and sign it.

The temporary detention of objects and documents of the arrested person must be conducted in accordance with the provisions of this Code.

2. When handing over and receiving the arrested person, both parties must make a record.

In addition to the points specified in Clause 1 of this Article, the handover record must also clearly state the handover of the minutes of taking statements, collected objects and documents, the health status of the arrested person and all circumstances that occurred at the time of handover .”

- According to Clause 1, Article 84 regarding the record of arrest: The person executing the arrest warrant must make a record in all cases. The record must clearly state the date, hour, month, year, place of arrest, place of making the record; the actions taken, the situation during the execution of the arrest warrant, the objects and documents temporarily seized and the complaints of the arrested person. The record must be read to the arrested person and witnesses. The arrested person, the person executing the arrest warrant and the witnesses must sign the record together. If anyone has a different opinion or disagrees with the content of the record, they have the right to write it in the record and sign. The temporary detention of the arrested person's objects and documents must be carried out in accordance with the provisions of the Criminal Procedure Code.

- According to Clause 2, Article 84 of the minutes of handover of the arrested person: in addition to the points specified for the above-mentioned minutes of arrest, the minutes of handover must also clearly state the handover of the minutes of taking statements, objects, documents collected, the health status of the arrested person and all circumstances that occurred during the handover. The legal requirement to make a record of the arrest has created publicity and transparency in the process of arrest, creating a legal basis to protect the rights of the arrested person, and at the same time is an important source of documents serving future criminal proceedings.

Next, the person issuing the arrest warrant and the investigation agency receiving the arrested person must notify all individuals, agencies and organizations about the arrest. According to Article 85 of the 2003 Criminal Procedure Code, “ The person issuing the arrest warrant and the investigation agency receiving the arrested person must immediately notify the family of the arrested person, the commune, ward or town authorities or the agency or organization where the person resides or works. If the notification hinders the investigation, after that hindrance is no longer present, the person issuing the arrest warrant and the investigation agency receiving the arrested person must immediately notify . ”

The Law on Criminal Procedure requires notice of arrest, which is entirely reasonable.

Because if these subjects are not notified, they may organize a search or report the disappearance, which may cause anxiety and confusion for the family and relatives of the arrested person, and may waste a lot of their money and effort.

So, the procedure for arresting a person red-handed, according to us, includes the following four steps:

- Step 1: Disarm the arrested person of any weapons or dangerous weapons (if any);

- Step 2: Immediately take the arrested person to the nearest police station, prosecutor's office or People's Committee;

- Step 3: These agencies must make a record of the arrest of the offender red-handed and immediately take the arrested person to the competent investigation agency;

- Step 4: Within 24 hours, the Investigation Agency must issue a decision to detain and notify the arrest or release of the detainee.

A person arrested in a case of a crime caught in the act is one of the subjects to whom temporary detention measures are applied according to Clause 1, Article 48 of the 2003 Criminal Procedure Code: "A person detained is a person arrested in an emergency case, a person caught in the act of committing a crime, a person arrested pursuant to a wanted decision, or a person who confesses or surrenders himself or herself and for whom a temporary detention decision has been issued . "

When issuing a decision on temporary detention, the investigation agency must immediately send it to the People's Procuracy at the same level within the time limit according to Clause 3, Article 86 of the 2003 Criminal Procedure Code: " Within 12 hours from the issuance of the decision on temporary detention, the decision on temporary detention must be sent to the People's Procuracy at the same level. If the temporary detention is deemed unfounded or unnecessary, the People's Procuracy shall issue a decision to cancel the temporary detention decision and the person issuing the temporary detention decision must immediately release the detainee. The temporary detention decision must clearly state the reason for the temporary detention, the date of expiration of the temporary detention and must give the detainee a copy" . The temporary detention period must not exceed three days from the date the investigation agency receives the arrested person. In necessary cases, the temporary detention period may be extended according to Clause 2, Article 87 of the 2003 Criminal Procedure Code: " In necessary cases, the person issuing the temporary detention decision may extend the temporary detention period.

detention, but not more than three days. In special cases, the person issuing the decision on temporary detention may extend the detention for a second time, but not more than three days. All cases of extension of detention must be approved by the People's Procuracy at the same level; within 12 hours from receiving the request for extension and documents related to the extension of detention, the People's Procuracy must issue a decision to approve or not to approve .

* Procedures for arresting a minor red-handed offender

Minors are people aged from 14 years old and above to under 18 years old. Due to the special characteristics of this group, and at the same time applying the humane policy of the law, lawmakers prescribe criminal procedure for arrestees, detainees, defendants and accused persons who are minors in Chapter XXI - Procedural procedures for minors, in the seventh part regulating special procedures of the Criminal Procedure Code. In particular, the arrest of minors is regulated in Article 303 of the Criminal Procedure Code as follows:

- Persons from 14 years old to under 16 years old may be arrested if there is sufficient basis as prescribed in Articles 80, 81, 82 of the Criminal Procedure Code, but only in cases of very serious intentional crimes or especially serious crimes.

- Persons from 16 years old to under 18 years old may be arrested if there is sufficient basis as prescribed in Articles 80, 81, 82 of the Criminal Procedure Code, but only in cases of serious intentional crimes, very serious crimes or especially serious crimes.

- The agency that issues the arrest warrant for a minor must notify their family and legal representative immediately after the arrest.

* Procedures for arresting foreigners caught red-handed

When arresting a foreigner for committing a crime, in addition to complying with the provisions of Article 82 of the Criminal Procedure Code, it is also necessary to comply with the provisions of other legal documents. A foreigner is a person who does not have Vietnamese nationality. They may be a person without nationality or a person with nationality of another country currently living in Vietnam. They have different legal statuses, so when committing a crime, the authority and procedure must be in accordance with the law.

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