HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
TRAN QUOC TOAN
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MEASURES TO PREVENT THE ARREST OF WANTED PERSONS IN VIETNAMESE CRIMINAL PROCEEDINGS

MASTER'S THESIS IN LAW
HANOI - 2008
HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
TRAN QUOC TOAN
MEASURES TO PREVENT THE ARREST OF WANTED PERSONS IN VIETNAMESE CRIMINAL PROCEEDINGS
Major : Criminal Law
Code : 60 38 40
MASTER'S THESIS IN LAW
Scientific supervisor: Prof. Dr. Vo Khanh Vinh
HANOI - 2008
2
INDEX
page
INTRODUCTION 1
CHAPTER 1: GENERAL ISSUES ON PREVENTIVE MEASURES 5
ARREST OF WANTED PERSONS IN CRIMINAL PROCEEDINGS
1.1. Concept of arresting wanted persons in criminal proceedings 5
1.1.1. Concept and characteristics of arresting wanted persons in legal proceedings 5
criminal
1.1.2. Requirements for arresting wanted persons in criminal proceedings 9
1.2. Principles of arresting wanted persons in criminal proceedings 11
1.3. Legal basis for arresting wanted persons in law 15
criminal proceedings
CHAPTER 1 CONCLUSION 19
CHAPTER 2: CURRENT STATUS OF REGULATIONS AND IMPLEMENTATION
APPLYING REGULATIONS ON MEASURES TO PREVENT THE ARREST OF WANTED PERSONS IN CRIMINAL PROCEEDINGS
2.1. Current status of regulations on measures to prevent arrest of people being detained
wanted in Vietnamese criminal procedure law
2.1.1. Some historical features of regulations on measures to prevent arrest of people under arrest
wanted in Vietnamese criminal procedure law (before the 21st Criminal Procedure Code)
Criminal (2003)
2.1.2. Regulations on measures to prevent the arrest of wanted persons under Article 31
Current criminal procedure law (after the 2003 Criminal Procedure Code)
2.2. Current status of applying regulations on measures to prevent arrest of people 50
being wanted in the practice of investigation, prosecution and trial in our country
2.2.1. Achievements 50
2.2.2. Comments on limitations and shortcomings 57
2.2.3. Causes of the limitations 60
CHAPTER 2 CONCLUSION 64
CHAPTER 3: SOLUTIONS TO IMPROVE APPLICATION EFFICIENCY 65
MEASURES TO PREVENT THE ARREST OF WANTED PERSONS
3.1. Requirements and orientations for the work of arresting wanted persons in our country 65
Currently
3.1.1. Requirements for arresting wanted persons in the current period 65
3.1.2. Orientation to improve the effectiveness of arresting wanted persons 67
in the present stage
3.2. Some solutions to improve the effectiveness of arresting wanted criminals 69
wanted in the present stage
3.2.1. Organize forces well in the work of arresting wanted persons 69
3.2.2. Perfecting the coordination mechanism between forces in the work of arresting people 71
wanted
3.2.3. Increase funding for arresting wanted persons 74
3.2.4. Perfecting legal regulations on arresting wanted persons 75
wanted
3.2.5. Strengthening international cooperation in the implementation of arrest work 80
wanted
3.2.6. Carry out well the work of launching the mass movement to protect security 81
Fatherland
CONCLUSION 83
LIST OF REFERENCES 85
ABBREVIATIONS IN THE THESIS
BLHS: Criminal Code BLTTHS: Criminal Procedure Code CAND: People's Police CQDT: Investigation Agency CSND: People's Police CSDT: Investigation Police
PLTCĐTHS: Ordinance on organization of criminal investigation TAND: People's Court
TANDTC: Supreme People's Court TTHS: Criminal Procedure VKSND: People's Procuracy
VKSNDTC: Supreme People's Procuracy Socialist Republic of Vietnam: Socialist Republic of Vietnam
INTRODUCTION
1. The urgency of researching the topic
Arresting wanted persons is one of the preventive measures prescribed in the Criminal Procedure Code (CPC) and is an important professional task of the People's Public Security Force (PPP) to capture fugitive criminals to serve the investigation, prosecution, trial and execution of criminal sentences.
In recent years, the professional units of the People's Public Security Forces have made great efforts, so the work of arresting wanted persons has achieved many encouraging results, arresting and persuading many wanted subjects to surrender, actively contributing to the fight against crime. However, currently, due to many different reasons, there are still many wanted subjects on the run, including many dangerous and especially dangerous wanted subjects who have greatly affected social order and safety, causing many concerns among the people and law enforcement agencies.
In order to ensure social order and safety and serve well the investigation, prosecution, trial and execution of criminal sentences; ensure legal discipline, timely, strict handling, correct person, correct crime, research on theoretical and practical basis, assessment of the current situation and from there propose solutions to improve the effectiveness of applying preventive measures to arrest wanted persons is an urgent requirement. On the other hand, looking from the theoretical perspective, it shows that although there has been attention to research and there have been a number of scientific research works on the arrest of fugitives; these works have important significance in contributing to perfecting the theory of preventive measures and at the same time gradually standardizing the provisions of the Criminal Procedure Law (TTHS) on the measure of arresting wanted persons. However, up to now, there has been no work that has conducted in-depth research on the measure of arresting wanted persons as a
among preventive measures in criminal proceedings. For the above reasons, choosing the issue of "Measures to prevent and arrest wanted persons in Vietnamese criminal proceedings" as the topic of a master's thesis has high theoretical and practical significance.
2. Purpose and research tasks of the thesis
- The purpose of the thesis is to study theoretical and practical issues on the work of arresting wanted persons, thereby proposing solutions to contribute to improving the effectiveness of the work of arresting wanted persons in the coming time.
- To achieve the above purpose, the thesis sets out and solves the following tasks:
+ Research from a theoretical and legal perspective to clarify the concept, characteristics, requirements, principles and legal basis of the work of arresting wanted persons;
+ Analyze the current status of regulations and the current status of applying measures to prevent and arrest wanted persons in criminal proceedings, thereby making comments on the advantages and limitations of the work of arresting wanted persons in our country in recent times;
+ Synthesize research results, forecast the situation and propose some solutions to contribute to improving the effectiveness of arresting wanted people in the coming time.
3. Subject and scope of the thesis research
- Research subjects:
+ Theoretical issues on measures to prevent the arrest of wanted persons under Vietnamese criminal procedure law;
+ Legal basis of measures to prevent arrest of wanted persons in criminal proceedings;
+ Current status of regulations on measures to prevent arrest of wanted persons in Vietnamese criminal procedure law;





