to advise the head and deputy head of the provincial and district police agencies on this issue. However, in reality, these errors in applying preventive measures are caused by the poor capacity and qualifications of investigators. The limited capacity of investigators has led to the initial classification and handling of decisions to arrest, detain, and temporarily detain not being strict, although the Ministry of Public Security has issued many directives to rectify the work of arrest, detention, and temporary detention, but the general situation shows that whenever there are signs of crime, the offender is arrested and temporarily detained, temporarily detained, and even detained subjects who only committed administrative violations. Many cases of less serious acts and violations of the law that do not require criminal prosecution, such as theft, gambling, and disturbing public order, are all recorded as flagrant crimes and detained according to criminal procedures, but then transferred to administrative handling. This has led to an increase in the number of juveniles in detention, leading to overcrowding in detention facilities and making the application of preventive measures against this group less effective.
The application of preventive measures against juvenile offenders is a very complicated activity, influenced by many factors, including subjective causes from the investigator. In reality, there are cases where the emotional respect for personal achievements and the impatience of the investigator has affected the effectiveness of the application. The majority of investigators have a sense of responsibility to strictly comply with the provisions of the law, but there are still violations of ethical standards, declining qualities, violations of procedural law and regulations of the industry that violate the law, leading to loss of trust and affecting the reputation of the provincial police investigation agency.
- Causes from limitations in the inspection and legal examination work of the People's Police force
To ensure that the law in general is strictly complied with and enforced, inspection, examination and supervision by competent authorities are extremely necessary for the process of applying preventive measures against juvenile offenders.
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crimes of the police investigation agency. Therefore, it can be said that the shortcomings and problems in the practical application of preventive measures are partly due to limitations in the inspection, examination and legal supervision of the People's Police force. In fact, in some districts, the inspection, examination and supervision work of leaders is sometimes not timely, strict and regular, the management and inspection are still general and not close, the inspection and investigation guidance of the provincial police investigation agency with the district police investigation agency is still limited, but mostly direct guidance when there are violations. In the application of preventive measures causing serious consequences, the detection and handling are not really serious, in some places violations have occurred continuously but have not been corrected, handled and reviewed to draw lessons in a timely manner, and the direct leaders of the units with investigators who have committed violations have not been strictly handled.
- Due to the increase in the number of crimes and juvenile offenders
High
The development of a socialist-oriented market economy alongside
While the positive aspects appear, the negative aspects and the downsides of the market economy appear at the same time. This is a favorable condition for the increasing bureaucracy and corruption in the state apparatus, the polarization between rich and poor gives rise to many complicated problems... These negative factors have directly affected the crime situation, especially the increasing number of crimes committed by minors, which has raised the need to apply preventive measures. Meanwhile, the number of provincial police investigators is still lacking, facing the complicated issues of the crime situation in general, crimes committed by minors in particular, facing the fierce opposition of criminals, requiring the police to proactively apply preventive measures, so to a certain extent, it is inevitable that there will be limitations and shortcomings when applying them.
- Due to the lack of close coordination between the provincial police investigation agency and other agencies and forces in applying preventive measures.
Currently, in the provincial police agency, there are many different forces and each force has its own functions and tasks. However, it can be said that in applying preventive measures, if the coordination relationship between the forces in the police agency is not well resolved, the implementation of professional measures before and after arresting the subject or when applying other preventive measures will be difficult to achieve effectiveness. Reality has shown that one of the reasons leading to the shortcomings and shortcomings when applying preventive measures against minors is the lack of close coordination between the investigation police agency and other professional forces. This relationship has been established based on the legal documents of Criminal Procedure as well as the regulations of the industry, the consolidation and improvement of it at the present stage needs to be given due attention. However, in practice, the activities of investigators and other professional forces in the provincial police also face difficulties, that is, when the reconnaissance forces have the conditions to deeply understand the subject, carry out professional activities in detail, they must transfer the case file to the police investigation agency. Because the investigation process of the case is often prolonged, wasting time, from that problem, the coordination relationship between other professional forces and the police investigation agency is increasingly separated, lacking close and synchronous coordination, leading to great impacts on the effectiveness of applying preventive measures against this subject.
In summary , in chapter 2, in addition to generalizing the crime situation and the characteristics of criminal activities of minors, the thesis has presented quite clearly the current situation of applying preventive measures against minors who commit crimes by the Investigation Police Department of Ha Tay province. On that basis, solutions are proposed to overcome and improve the provisions of the criminal procedure law as well as methods and tactics for applying preventive measures against minors who commit crimes in the province.
Chapter 3
Solutions to improve the effectiveness of applying preventive measures against juvenile offenders
in Ha Tay province of the Investigation Police Agency
3.1. Forecast of crime situation caused by minors in the coming time in Ha Tay province
As in chapter 2, the current situation of juvenile offenders in Ha Tay province has been analyzed. Based on the actual situation of juvenile offenders in the province, on the potential and operational capacity of the provincial police investigation agency and other sectors and organizations, and at the same time based on the general development trend of the socio-economic situation in the coming time, some comments on the development of this type of crime can be made as follows.
3.1.1. Forecast of crime situation in the coming time
The above statement is based on the following reasons:
- In terms of socio-economics: In the coming time, the market economy will continue to be implemented, the socio-economic situation will develop further, but besides that, the negative side of the market economy will still impact and directly affect all aspects of socio-economic life on a daily and hourly basis throughout the country in general and Ha Tay province in particular. With such a context, the crime situation and crimes committed by minors will tend to increase in quantity as well as in nature and level, becoming more and more complicated. Reality has shown that due to the negative side of the market economy, in the situation of the rich-poor gap may be larger, the number of unemployed people, the number of families engrossed in economic activities, neglecting their children's education, the number of children not going to school or not pursuing their education properly will still be high and this is a huge source of additional resources to the army.
unemployment. This army can flock to towns, towns, live a vagrant life, wander, escape the management and supervision of the family and easily go to the path of crime. At the same time, due to the open economy, integration and development, it will also greatly affect the crime process of minors because of the pragmatic lifestyle in the prosperous urban areas, the depravity of foreign criminals will penetrate Vietnam and will spread, affecting the young generation, social evils always have a place to develop, that is the companion of crime. Currently, there are many audio-visual media, many types of cultural products that easily reach households and are popular in society, including obscene cultural products, games on the internet from movies to pornographic stories, incestuous sexual stimulation, online love... Directly affecting the curiosity, inquisitiveness and passion of minors in games. This reality, if not well managed, will directly affect the personality, psychology and lead to the criminal process of minors.
- Education work at school today and in the near future is facing many shortcomings, is being tested, gradually completed and still faces many difficulties and complications. This work cannot be stabilized overnight, improving the quality of education and student management at schools. The situation of students going to school without going to class, wandering around, setting up shop, pawning, chatting online for love and drugs creeping into schools are sad signs of the current situation. This is one of the underlying causes of juvenile crime.
- The practice of fighting, preventing crime, and maintaining social order and safety in recent times shows that, basically, the situation of criminal offenses has not decreased, even in some places and at some times it has become more complicated, the process of committing crimes is more sophisticated, cunning, bold and brazen. That has had a significant impact on juvenile offenders. Meanwhile, the application of preventive measures against juvenile offenders by the provincial police investigation agency still has many limitations and loopholes, and the legal corridor system serving this work has not been fully completed. These are objective factors but also play a role.
certain role in applying preventive measures against juvenile offenders. With the above characteristics of the crime situation, we can see that if there are no timely preventive measures, the situation of juvenile offenders in the coming time will continue to increase and become more and more complicated.
3.1.2. Types of crimes that will occur frequently in the coming time in Ha Tay province
As mentioned above, juvenile offenders can commit most of the crimes that adult criminals can commit. However, through research on psychological characteristics and practical surveys as mentioned in Chapters 1 and 2, the common criminal behavior of juveniles is still violating social order in Chapters XII, XIV, XV, XVI of the specific crimes of the 1999 Penal Code, while crimes against national security, corruption, economy, and positions in Ha Tay province are almost non-existent. In the coming time, the development trend of crimes committed by juveniles in Ha Tay province will focus mainly on some specific crimes as follows:
- Groups using violence: Murder, robbery, extortion, intentional injury, disturbing public order will continue to develop, concentrated in towns, main highways such as Highway 32, Highway 21A, Road 82..., border areas between Ha Tay province and other provinces such as Vinh Phuc, Phu Tho, Hoa Binh, Ha Nam..., between one district and another within the province and in areas with famous landscapes such as Huong Pagoda in My Duc, Dong Mo in Son Tay, Ao Vua, Thac Da, Suoi Tien in Ba Vi... Will increase and become more complicated, along with that the use of means and weapons such as clubs, knives, sticks will also increase.
- Crimes committed by minors under the direction, enticement, instigation, organization, and facilitation of adults will become increasingly more complicated. Organized crimes committed by minors in the form of gangs, groups, and groups also have dimensions.
increasing trend. These issues will have a strong impact on social order and safety in the province.
- Crimes of drug use, trafficking, and possession, and gambling will tend to develop rapidly, especially drug addiction in schools, student gambling, lottery, internet surfing, chatting, and love affairs will develop strongly in schools in rural areas if we do not have timely measures to prevent them.
- Theft crimes committed by minors will focus mainly on small, easy-to-carry, easy-to-consume items such as household items and means of transportation, and continue to develop. As chapter 2 talks about the current situation, this type of crime is very developed.
- The crime of rape and sexual assault of minors also tends to increase due to the influence of movies, pictures, especially on the internet and social evils in provinces and cities... Currently, the management of these services and social evils in the province is still facing many difficulties. This issue will be directly related to social evils and the crime situation of minors.
The above are predictions about the trend in the coming time, there will or may be cases of juvenile crime. Therefore, we need to have specific directions, focus on directing, closely coordinate with organizations, agencies and unions in the area, have necessary equipment and technical means to better serve in preventing and stopping juvenile crime.
3.2. Solutions to improve the effectiveness of applying preventive measures against juvenile offenders in Ha Tay province by the Investigation Police Department
3.2.1. The Provincial Police Investigation Agency needs to have a correct understanding of the application of preventive measures.
Directly related to the application of preventive measures in criminal proceedings, the Politburo issued Directive No. 53-CT/TW dated March 21, 2000 on a number of urgent tasks that judicial agencies need to carry out in 2000, which stipulates the consideration and decision to arrest in cases where the crime is committed but not worth arresting, as follows: "In cases where arrest and detention are acceptable or not, then do not arrest or detain". This viewpoint was further improved and affirmed in Resolution No. 08-NQ/TW dated January 2, 2002 of the Politburo on a number of key tasks of judicial work in the coming time, which is: "In cases where arrest, temporary detention or temporary detention is not required, then resolutely do not approve arrest, temporary detention or temporary detention orders". Although this is a regulation for the activities of the People's Procuracy, it should be considered a general orientation for the application of preventive measures, because according to the provisions of the Criminal Procedure Code, the People's Procuracy has the right to approve or cancel the arrest warrant of the Investigation Agency. Resolution No. 08-NQ/TW dated January 2, 2002 of the Politburo also requires judicial agencies to study and propose solutions to limit the application of temporary detention measures for defendants in certain types of crimes. The Project "Solutions to limit the application of temporary detention measures for defendants in certain types of crimes" has been researched and developed by the General Department of Police; Currently, according to the assignment of the Steering Committee for Judicial Reform, the above Project is being continued to be completed by the Supreme People's Procuracy. It recommends specific solutions to minimize the application of arrest and temporary detention measures in cases where other measures can be replaced.
The above regulations clearly demonstrate the viewpoint of our Party and State to resolutely limit the application of measures to arrest people, all cases of wrongful arrest or abuse of arrest violate the basic rights of citizens protected by the Constitution and the law. If wrongful arrest or detention occurs, it will leave very complicated consequences, difficult to resolve, and will lead to consideration of compensation for material and spiritual damages caused by wrongful arrest and detention. At the same time, it leads to loss of people's confidence in the strictness of the law and the proper operation of judicial agencies. On the other hand, limiting arrest also aims to reduce the