VIETNAM ACADEMY OF SOCIAL SCIENCES
Academy of Social Sciences
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LE SY LINH
SUPERVISION OF TRAFFIC ACCIDENT SCENE INVESTIGATION ACTIVITIES FROM PRACTICE IN BIEN HOA CITY, DONG NAI PROVINCE
Industry: Criminal law and criminal procedure Code: 8.38.01.04
SCIENTIFIC INSTRUCTOR DR. LE NGUYEN THANH
COMMITMENT
I hereby declare that this is my own research work. The data and research results presented in this thesis are genuine and have never been published in any other work.
Thesis author
Le Sy Linh
INDEX
INTRODUCTION 1
Chapter 1: THEORY AND CONTENT OF EXAMINATION
SCENE OF TRAFFIC ACCIDENTS 6
1.1. Theory on crime scene investigation of traffic accidents 6
1.2. Contents of the inspection and examination of the scene of traffic accidents 17
1.2.1. Inspection of the authority to examine and the composition of the subjects examining the scene of traffic accidents 17
1.2.2. Supervision of procedures for examining the scene of traffic accidents 20
1.2.3. Inspection of subjects and methods of crime scene investigation of cases
traffic accident 28
Chapter 2 PRACTICES AND SOLUTIONS TO IMPROVE THE EFFECTIVENESS OF CRIME SCENE INSPECTION IN TRAFFIC ACCIDENT CASES 33
2.1. Traffic accident situation and practice of inspection and investigation of traffic accident scenes in Bien Hoa city, province
Dong Nai 33
2.1.1. Situation of traffic accidents in Bien Hoa city, Dong Nai province 33
2.1.2. Practice of inspecting and examining the scene of traffic accidents in Bien Hoa city, Dong Nai province 37
2.2. Solutions to improve the effectiveness of crime scene investigation and inspection
traffic accident case 54
2.2.1. Solutions to improve the law/instructions for applying the law on the inspection and examination of traffic accident scenes 54
2.2.2. Solutions for coordinating and implementing current inspection and examination activities
cases of traffic accidents 58
2.2.3. Solutions for training, fostering, and educating Prosecutors to meet the requirements and tasks of supervising and examining the scene of traffic accidents 64
CONCLUSION 70
REFERENCES 72
APPENDIX 74
LIST OF ABBREVIATIONS
BLTTHS Criminal Procedure Code
Criminal Code Criminal Code
Police Investigation
Traffic police Traffic police
Investigator
Examination Council
Forensic Science
Crime scene investigation
KSV Prosecutor
KSKNHT Crime scene investigation prosecutor
Traffic accident Traffic accident
Procuracy
People's Procuracy
LIST OF TABLES
Table 1: Statistics of traffic accidents and settlement results 81
Table 2: Statistics of traffic accidents that the Procuracy participated in examining 81
INTRODUCTION
1. Urgency of the topic
The current traffic accident situation in our country has become a pressing issue for the whole society. Although the competent authorities have made great efforts in ensuring traffic safety and order, traffic accidents have not decreased. Many traffic accidents have left very serious consequences.
The position, role and responsibility of the People's Procuracy are stipulated in the Constitution and the current Law on the Organization of the People's Procuracy. Accordingly, the People's Procuracy has the function of exercising the right to prosecute and supervise judicial activities, contributing to ensuring that the law is strictly and uniformly enforced and that the socialist legal system is maintained. Determining the role and responsibility of the People's Procuracy in exercising the right to prosecute and supervise investigation is completely consistent with the position, role and function of the People's Procuracy. Article 20 of the Criminal Procedure Code affirms: “The People's Procuracy exercises the right to prosecute and supervise compliance with the law in criminal proceedings, decides on charges, detects violations of the law to ensure that all criminal acts, criminals, and legal entities that commit crimes and violate the law must be detected and handled promptly and strictly; the prosecution, investigation, prosecution, trial, and execution of sentences must be carried out on the right people, for the right crimes, and in accordance with the law, without letting criminals and criminals, legal entities that commit crimes escape, and without wrongfully convicting innocent people.”
Over the years, the People's Procuracy has also seen the importance of the practice of prosecution and investigation in general and the work of criminal investigation in particular. However, it must be frankly admitted that this work still has many limitations and shortcomings that have not fully met the demands and requirements of the current situation.
The role and responsibility of the People's Procuracy has been clearly stated in the following documents: Resolution No. 08 dated January 2, 2002 of the Politburo clearly stated: The People's Procuracy must exercise the right to prosecute right from the initiation of the case and throughout the investigation process in order to not let people or criminals escape, and not wrongfully convict innocent people; Resolution No. 49 dated June 2, 2005 of the Politburo stated: Strengthen the responsibility of prosecution in investigation activities. Traffic accident investigation activities are one of the tasks and powers of the People's Procuracy. Therefore, the urgent issue is to improve the quality and effectiveness of this work.
To do a good job of investigating traffic accidents, prosecutors must, on the one hand, master professional measures and legal regulations on procedures and processes when conducting investigations. On the other hand, they need to be aware of their role and responsibility in investigating traffic accidents to improve the quality and effectiveness of investigation activities.
In order to have sufficient basis and basis for handling traffic accidents, crime scene investigation plays a very important role. It can be said that this is the decisive factor in clarifying and determining who is at fault leading to the accident to decide whether or not a crime has occurred.
The process of collecting traces of vehicles, traces of blood, hair and feathers of subjects related to the accident is the responsibility of the Investigation Council, in which the role of the prosecutor is very important. Therefore, the Criminal Procedure Code has stipulated that the prosecutor must be present for the investigation. Through this activity, the People's Procuracy is responsible for ensuring that the investigation of the Investigation Council is carried out in accordance with regulations to ensure the objectivity and authenticity of the incident. Only by doing a good investigation will there be enough basis to resolve the accident, prosecute the case, and the accused if the person at fault leads to the accident and not prosecute the case if the fault lies with the victim.
Through the practice of Bien Hoa city, Dong Nai province, it shows that: Many accidents, due to the KNHT process having many shortcomings and violations, do not have enough basis to resolve the case, even determining the wrongful fault of the parties involved, leading to wrongful prosecution.
To contribute to the completion of the above issues, the author chose the topic: " Traffic Accident Prevention and Control from the practice of Bien Hoa city, Dong Nai province" to clarify the theory and practice of this work.
2. Research status related to the topic
In the past, from different approaches, there have been a number of theses, dissertations and articles in magazines that have researched on KNHT and KNHT traffic accidents, such as:
- “Current situation and solutions to improve the effectiveness of traffic accident investigation work in Hanoi” – Author Bui Quang Anh, Master's thesis in law, People's Police Academy, 2007.
- “Coordination between Traffic Police and Investigation Police in initial investigation of crimes violating road traffic safety and order” – Author Nguyen Van
Chinh, Master's thesis in law, People's Police Academy, 2002.
- “Crime prevention activities of the People's Procuracy” – Author Nguyen Hong Vinh, Master's thesis in law, People's Police Academy, 2005.
- “Solutions to improve the effectiveness of investigation activities of cases of violations of regulations on road traffic control by the police force investigating crimes related to social order of Phu Yen Provincial Police” - Author Nguyen Vinh Ha: Master's thesis in law, People's Police Academy, 2005.
- “Investigation at the scene in Bac Ninh province” – Author Ngo Xuan Khang, Bac Ninh Provincial People's Procuracy, Master's thesis in law, Academy of Social Sciences, 2013.
- “KSKNHT, autopsy in solving cases of violating social order” – Author Pham Xuan Khoa, Master's thesis in law, Vietnam Academy of Social Sciences, 2014.
- “ KSKNHT on cases of violations of regulations on road traffic participation from the practice of Hanoi city” – Author Tran Thi Nham, Master's thesis in law, Vietnam Academy of Social Sciences, 2018.
- “Some issues on legal authority in traffic accident investigation activities of the People's Police force” – Author Hoang Dinh Ban, People's Police Magazine No. 4-2000.
The above research works only address the most general issues, analyze and study the provisions of the law or research in a single form, limited to each type of murder case, traffic accident case in some areas. Mainly approaching research on the process of conducting the examination and providing solutions to improve the effectiveness of the investigation activities. For research topics on the investigation activities, they mainly approach and analyze on the theoretical side, not focusing on the violations and shortcomings that have occurred in practice to draw lessons and solutions to improve the effectiveness of the investigation activities of traffic accidents. Up to now, there has been no research work on the topic: "Investigation of traffic accidents from the practice of Bien Hoa city, Dong Nai province". The author's thesis focuses on the limitations and shortcomings of specific accidents that have occurred. On that basis, point out the causes leading to those limitations and shortcomings and propose solutions to improve the effectiveness of traffic accident prevention and control activities.