Measures to prevent arrest of wanted persons in Vietnamese criminal proceedings - 1

HANOI NATIONAL UNIVERSITY

FACULTY OF LAW


TRAN QUOC TOAN

Maybe you are interested!


MEASURES TO PREVENT THE ARREST OF WANTED PERSONS IN VIETNAMESE CRIMINAL PROCEEDINGS

Measures to prevent arrest of wanted persons in Vietnamese criminal proceedings - 1


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;

Comment


Agree Privacy Policy *