Procedure for Applying Law in Criminal Investigation Cases

- Decide to apply, change, cancel arrest, temporary detention, temporary imprisonment and other preventive measures; approve or disapprove decisions of investigation agencies according to the provisions of law.

- Cancel illegal decisions of the investigation agency; temporarily suspend investigation; suspend or temporarily suspend the case.

With the above legal provisions, the People's Procuracy has the right to apply all necessary measures in the investigation and prosecution activities to ensure that the investigation of criminal cases fully complies with the provisions of the law. Ensure that the initiation of criminal investigations complies with the provisions of the law; ensure that the prosecution of the right person, the right crime and the right legal policy is followed.

Second, the application of the law in the investigation and prosecution of criminal cases by the People's Procuracy must comply with the provisions on order and procedures prescribed by law.

In the investigation and discovery of criminal cases by the investigation agency, in the exercise of the right to prosecute and supervise judicial activities by the People's Procuracy, it is a process of performing the functions and tasks of two agencies: the Police - the People's Procuracy. These are very important activities that are decisive in the process of resolving criminal cases. Because the investigation and supervision activities play such an important role, the law in general and the current procedural law in particular have very strict regulations on the application of the law in the investigation and supervision of criminal cases. The Law on Criminal Procedure strictly regulates the order and procedures of investigation activities and supervision activities such as: from initiating a case, prosecuting the accused, investigation measures, preventive measures, merging - separating cases, suspending, temporarily suspending cases, statute of limitations for investigation, investigation period... In short, all steps in the process of investigating criminal cases, the activities of supervising compliance with the law by the People's Procuracy are strictly regulated according to the procedures prescribed by the current Law on Criminal Procedure.

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Third , the decision to apply the law in the investigation of the People's Procuracy is guaranteed by law to be enforced.

The organization of the implementation of the issued law enforcement decision is the final stage of the law enforcement process, it is of utmost importance. When a law enforcement decision after issuance is not actually enforced, it is also

This is synonymous with nullifying the law, nullifying the law enforcement and protection agencies, causing serious damage to the socialist legal system. Decisions on applying the law in criminal investigation have been strictly and fully regulated by the 1999 Penal Code and the 2003 Criminal Procedure Code. The implementation of decisions on applying the law by the People's Procuracy will ensure that the process of resolving criminal cases is in accordance with the provisions of the law; ensuring that the law is strictly and uniformly implemented. Article 23, Clause 2 of the 2003 Criminal Procedure Code stipulates:

The Procuracy that supervises compliance with the law in criminal proceedings has the responsibility to promptly detect violations of the law by the agencies conducting the proceedings and the participants in the proceedings, and to apply measures prescribed by this Code to eliminate violations of the law by these agencies or individuals [25, p. 17].

1.2.1.3. Procedure for applying the law in criminal investigation

- Research, review and evaluate details and evidence related to legal events, subjects and handling decisions provided by the investigation agency:

This is the first and most important step in the application of law in criminal investigation activities. The Procuracy reviews and evaluates documents, evidence and procedural proceedings conducted by the investigation agency in criminal cases, in order to determine the basis, thereby determining the nature and extent of the socially dangerous behavior of the subjects: whether or not there is a crime? To what extent? Where did it occur? When? Who committed it? Tools and means of committing the crime? Personal identity? Capacity to bear criminal responsibility? Order and procedures for collecting documents and evidence...

If the investigation agency previously collects evidence documents in an incorrect order, procedure, or in an incomplete or non-comprehensive manner, the People's Procuracy's review and evaluation (supervision of compliance with the law) will encounter difficulties, which can easily lead to mistakes when issuing documents to apply the law. Therefore, the scope of the People's Procuracy's right to prosecute and supervise judicial activities must begin from the stage of receiving and processing reports related to crimes.

According to the provisions of the Law on Criminal Procedure, the People's Procuracy itself, through information sources or documents and evidence sent by the investigation agency, reviews and evaluates the event.

legality has occurred: Is the collection of evidence documents legal or not, is the socially dangerous act at the point of needing to be handled criminally or just by administrative measures, who committed the socially dangerous act, the capacity to bear criminal responsibility, the criminal subject can be subject to preventive measures... that is, it is necessary to consider and evaluate the elements constituting the crime of the subject who committed the socially dangerous act. In the process of considering and evaluating the initial evidence documents of the criminal case, the People's Procuracy needs to have a clear and specific assignment of responsibilities to the prosecutors, and have close coordination with the investigation agency. It can be said that the study of the initial case file is of utmost importance to ensure that the Procuracy's decision to apply the law is of high quality, ensuring that the resolution of the criminal case is in compliance with the provisions of law.

- Review the legal regulations applied in the investigation and prosecution of criminal cases:

This stage is carried out based on the legal awareness and level of legal knowledge of the subject with the authority to apply the law of the People's Procuracy. The person with the authority to apply the law in criminal investigation must consider and fully evaluate the legal events that have occurred, the work that has been handled by the investigation agency, the request and proposal of the investigation agency for the settlement of the case. In order to determine the content of the applicable norm, the scope of the law violation applied in the investigation activities of the People's Procuracy. To do that, the person with the authority to apply the law must explain the legal norm; must clarify the ideology; content and meaning of the selected legal norm. Choosing the right legal norm will make the decision to apply the law very accurate. In short, this stage of law application requires: choosing the right legal norm planned for that case; The applicable legal norm must be a legal norm that is in legal effect and does not contradict other legal documents; determine the authenticity of the legal document containing this norm; correctly perceive the content and ideology of the legal norm.

- Issuing legal documents:

Issuing legal documents is the process of the People's Procuracy issuing decisions; decisions to approve or not to approve. This is the central and most important stage of the entire process of criminal investigation. Decisions, approval decisions, and disapproval decisions of the People's Procuracy in this field are issued after careful and objective consideration and comparison with all documents and evidence collected in the case file. Because the decisions of the People's Procuracy directly affect the interests of the State, the order and security in the area and the personal freedom of citizens... it requires the person with the authority to issue legal documents to strictly comply with the procedures, formalities, and regulations of current procedural law. In particular, legal documents of the People's Procuracy must be feasible and realistic. In summary, to issue documents applying the law in criminal investigation activities, the person with the authority to apply the law of the People's Procuracy must have legal knowledge, be able to synthesize and evaluate the details of the case, and at the same time must have document drafting skills, ensuring the technical quality of the document.

- Organization of implementation of legal documents:

The organization of the implementation of legal documents is the final stage of the law enforcement process. Unlike legal documents of other state agencies, legal documents of the People's Procuracy in criminal investigation are orders, decisions, decisions of disapproval, decisions of approval that force the investigation agency to implement and strictly organize implementation. Supervising the implementation of legal documents of the People's Procuracy for all investigation activities is both a function and a task of the prosecution sector that is strictly and fully regulated by law. This is one of the important guarantees for the decisions of the People's Procuracy to be strictly implemented.

1.2.2. Concept of criminal investigation

Due to the nature of criminal activities, it is necessary for the authorities to investigate and discover them in order to handle them. The task of detecting crimes is for law enforcement agencies to clarify the elements of the crime, the perpetrator, the offender, and the degree of fault of the offender. In other words, it is necessary to identify and clarify the issues that need to be proven.

in that criminal case. According to Article 63 of the 2003 Criminal Procedure Code, the issues that must be proven in a criminal case:

- Whether there is a crime, time, place and other details of the crime.

- Who committed the crime; fault or not fault, intentional or unintentional; criminal responsibility or not; purpose or motive of the crime.

- Aggravating and mitigating circumstances of the suspect's and defendant's responsibility and personal characteristics of the suspect and defendant.

- The nature and extent of damage caused by the crime.

The responsibility to prove the crime lies with the investigating agency. The suspect or defendant has the right but is not required to prove his innocence, so the investigating agency must find evidence to clarify the above request, that is the investigation.

Investigation is a process of discovering crimes, a tool and means of the process of recognizing crimes. However, not every criminal case that occurs must be discovered; it depends on whether the above requirements are satisfied or not. If in the case of a thief breaking into a family's door at night to steal things and being discovered and arrested by the homeowner, there is no need to discover anymore, but only need to complete certain investigative procedures as required by regulations to basically complete the task.

On the contrary, in the case of a thief breaking into a house, stealing some belongings at night from a family or an agency, not catching the perpetrator, and only discovering the incident the next day, this is a more complicated situation; it is necessary to clarify the above factors. Unlike the previous case, in this case, it is necessary to discover the crime and the investigation needs to be more complicated. It requires the use of all measures, tactics, and investigative techniques to discover the crime.

With such an approach, in general, from a theoretical perspective, it can be seen that: Crime investigation is a cognitive process, through activities of collecting, researching, analyzing, and evaluating documents, reflecting the objective reality of crime and

crime, by means, measures, and specialized means of specialized agencies to discover crimes; expose criminals; prevent all damage caused by crimes. This is the process of collecting information, documents, data ... reflecting the truth about an organization, person, work, phenomenon or area. Serving the work of grasping and managing the situation of security and order.

Investigations are conducted in many forms, direct or indirect, public or secret, area or point, and are conducted by reconnaissance investigation and criminal investigation.

Investigation and reconnaissance is a special professional activity of the police force, organized and conducted in secret, on the basis of applying legal provisions to collect information and documents reflecting the activities of criminals to prevent, detect, stop and discover crimes quickly, completely and promptly [32, p. 231].

Criminal investigation is a procedural activity of the investigation agency and other agencies assigned to conduct a number of investigative activities to identify crimes and perpetrators, prepare a case file to propose prosecution, find out the causes and conditions of crimes, and request relevant agencies and organizations to apply remedial and preventive measures [32, p. 233].

1.2.3. Concept of investigative control

The operation of the system of Procuracy agencies is one of the four systems of state agencies established in the Constitution of the Socialist Republic of Vietnam.

The People's Procuracy performs the function of exercising the right to prosecute and supervise judicial activities. The tasks of the People's Procuracy are to supervise compliance with the law in the investigation of investigation agencies while other agencies are assigned to conduct certain investigation activities; to supervise compliance with the law in the adjudication of the People's Court, in the enforcement of judgments and decisions that have come into legal effect of the People's Court; to supervise compliance with the law in detention and rehabilitation; to investigate crimes in cases prescribed by the Law on Criminal Procedure.

Investigation is an important task among the tasks that the People's Procuracy must perform. This is both a task and a function of the People's Procuracy.

According to the Law Dictionary: The work of supervising compliance with the law in investigations by investigation agencies and agencies assigned to conduct certain investigation activities through the following activities:

- Supervise prosecution and investigation activities.

- Resolve disputes over investigative authority.

- Approve or disapprove decisions of the investigation agency (for example, searching residences, searching people, objects, correspondence, etc.); Decide to apply, change or cancel preventive measures (for example, emergency arrest, temporary detention, cancellation of temporary detention, temporary detention); cancel illegal decisions of the investigation agency.

- Request the investigation agency to correct violations of the law in investigation activities, change and handle investigators who violate the law; if the investigator's behavior shows signs of crime, initiate criminal prosecution.

- Decision to suspend or temporarily suspend investigation, decision to prosecute the accused.

- Recommend relevant agencies, organizations and units to apply crime prevention measures.

Investigation activities are regulated in the current Criminal Procedure Code. Thus, the investigation activities of the People's Procuracy have a wide scope, spanning from the process of detecting criminal acts to the stage of clarifying the acts, the nature, extent, consequences, personal background of the criminals, the damages that have occurred, to prosecuting the criminals before the People's Court for trial.

1.2.3.1. Supervision of case prosecution

Initiating a criminal case is a legal decision of the competent authorities including: Police, Procuracy, Court and some other competent authorities authorized by law. Within the scope of this thesis, the author only mentions the initiation of criminal cases by the investigation agency of the People's Public Security sector.

Pursuant to Article 100 of the 2003 Criminal Procedure Code, the basis for initiating a criminal case is stipulated, criminal cases can only be initiated when signs of crime have been determined. Determining signs of crime is based on the following grounds:

- Citizen denunciation.

- News from agencies and organizations.

- News on mass media.

- Investigation agencies, People's Procuracy, border guards, customs, forest rangers, coast guard forces and other agencies of the People's Public Security and People's Army are assigned to conduct a number of direct investigation activities to detect signs of crime.

- The criminal confessed.

Every citizen must have the responsibility to participate in the fight against crime. Crime reporting is when people report to agencies and organizations about crimes they know about. Crime reporting is the communication and reflection in many different forms about crimes. It can be direct or reflected orally, by petition, by phone, by letter, etc. Citizens can report crimes to the investigation agency, the People's Procuracy, the Court or report crimes to other agencies and organizations; these agencies and organizations, upon receiving a crime report, must immediately report it to the investigation agency in writing. Upon receiving a crime report, according to the provisions of Clause 2, Article 103 of the 2003 Criminal Procedure Code, within 20 days from the date of receiving the crime report, crime report, and recommendation for prosecution, the investigation agency, within its scope of responsibility, must conduct an examination and verification of the source of evidence and decide whether or not to prosecute a criminal case. The People's Procuracy is responsible for supervising the handling by investigative agencies of the receipt and handling of denunciations, reports of crimes and recommendations for prosecution.

A self-confessed criminal is a person who voluntarily comes to report to a state agency or social organization about his or her own criminal behavior, even though he or she has not been discovered by law enforcement agencies. This voluntary act may be due to repentance, or may be due to the influence of family or relatives, so the criminal has come to confess in the hope of receiving leniency from the law, avoiding a life of hiding, always in a state of confusion and fear. When a criminal comes to confess, the receiving agency or organization must make a record clearly stating:

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