Regulations on Supervising Investigation Activities of Agencies Investigating Rape Cases of Persons Under 16 Years Old

Prosecuting the accused can also give rise to activities to control changes in the detention period of the accused, specifically:

+ In case during the investigation of a rape case of a person under 16 years old, there is an additional decision to prosecute the case or prosecute the defendant for another crime, then the detention period will be calculated according to the most serious crime. , at the same time, the total detention period must not exceed the investigation period.

+ In case of changing the decision to prosecute the accused for raping a person under 16 years old as prescribed in Article 142 of the 2015 Penal Code to a lesser crime such as raping a person from 13 to under 16 years old as prescribed in Article 144 of the 2015 Penal Code or the crime of having sexual intercourse or performing other sexual acts with a person from 13 to under 16 years old or identifying the act of the defendant committing the crime of raping a person under 16 years of age in a clause with a lighter penalty frame in the same crime name, then the detention period will be calculated based on the lesser crime. Immediately after changing the decision to prosecute the accused, the investigation agency must discuss and agree with the Procuracy to consider and decide on the application or cancellation or replacement of deterrent measures for the accused as appropriate for minor crimes. than.

1.2.1.2. Regulations on the supervision of investigation activities of the Investigation Agency in cases of rape of people under 16 years of age

- Law provisions on the supervision of interrogation of suspects and taking statements of witnesses and victims;

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Interrogating the accused, taking statements from the victim and the litigants in the case of rape of a person under 16 years old is very important because this is a specific type of case that usually only has one evidence, one deposition and physical evidence, the evidence is very large. Therefore, this is a procedural measure that the investigation agency conducts through the question-and-answer method to collect and consolidate evidence of leaking criminal acts and other details to serve the investigation process of the case [36]. To improve transparency and avoid using forms of coercion, coercion, and corporal punishment, in 2015, the Ministry of Criminal Procedures issued a regulation requiring audio or video recording with sound during interrogation activities.

suspect, as prescribed in Clause 6, Article 183 of the 2015 Criminal Procedure Code and may record audio or video with sound when taking statements from other participants in the proceedings.

Procurators can participate in interrogations and take testimonies with investigative agencies or supervise interrogations and take testimonies through interrogation minutes and testimony records. Inspect the order, procedures, and content of interrogation and testimony. Interrogation and testimony must be conducted by Investigators according to the provisions of Articles 183,186, 414 of the 2015 Criminal Procedure Code.

When directly supervising interrogation and taking testimonies, you must inspect: Content; about the participants in the interrogation. In cases where the defendant is under 18 years old or has limited or lost behavioral capacity, a guardian must be present; In some cases, interpreters, witnesses, and defense counsel may participate.

Supervising the process of questioning the suspect: The investigator explains the rights and obligations of the suspect who committed the crime of raping a person under 16 years old, who is interviewed, and asks about the defendant's health and mental status. After interrogation, the suspect must re-read or let the person being questioned re-read the content of the interrogation record and sign each page of the record. Whoever participates must have that person's signature. Indirect prosecution through the interrogation record of the accused in the case of rape of a person under 16 years old must comply with Articles 184 and 187 of the CrPC.

Supervising the process of taking statements from victims in rape cases of people under 16 years old must ensure compliance with the principles of conducting proceedings as prescribed in Article 414 of the Criminal Procedure Code: that is, the participation of the guardian of the victim is mandatory. victim. After taking a statement, the victim must re-read and explain, or have the victim's guardian or advocate re-read the content of the testimony record and sign each page of the record. Anyone must have that person's signature.

Control the time to interrogate the accused or take statements from the victim: do not interrogate or take testimonies at night unless necessary and cannot be delayed, must ensure the provisions of the Criminal Procedure Code, including ensuring the principles conduct proceedings against people under 18 years old according to the provisions of Article 414 of the Criminal Procedure Code (because the victim of the case is under 16 years old).

- Law provisions on supervision of search, seizure, and temporary seizure of documents and objects

During the initial investigation phase of rape cases of people under 16 years of age, searching and seizing the subject's clothes or the victim's clothes that bear traces of the crime is very necessary and extremely important. . Therefore, the Procuracy must strictly supervise the search and seizure work of the investigation agency to ensure its basis and legality.

Prosecutors are required to participate in supervising the search. Before the investigation agency conducts a search, the search warrant must be approved by the Procuracy. Except in urgent cases, approval from the procuracy is not required, but within 24 hours after the search is completed, the investigation agency must notify in writing. to the Procuracy about the search activities that were conducted (Clause 2, Article 193 of the 2015 Criminal Procedure Code). The search must be recorded in accordance with the provisions of Article 133 of the Criminal Procedure Code. The basis for conducting a search is the judgment of the agency or person conducting the investigation. This judgment must be consistent with the developments of the investigation process. The basis for conducting a search is according to Article 192 of the Criminal Procedure Code

Supervise the legality of search activities:

+ For searching people, comply with the provisions of Article 194 of the Criminal Procedure Code. When conducting, the investigation agency must read the warrant and give it to the person being searched to read; Explain to the person being searched and those present their rights and obligations. Request those being searched to present documents and objects related to the case. If they refuse or do not provide complete documents and objects related to the case, conduct the search; Job

The search must be performed by a person of the same sex and must be witnessed by another person of the same sex. The search must ensure that the life, health, property, honor and dignity of the people being searched must not be violated.

In urgent cases, a search can be conducted without a warrant, such as in the case of arrest or when there are grounds to confirm that the person present at the search place has hidden weapons, weapons, or evidence. evidence, documents, and objects related to the case. In this case, the Procuracy only indirectly supervises through arrest and detention records.

+ For searches of residences, it is necessary to comply with the provisions of Article 195 of the Criminal Procedure Code.

Supervision of searches is carried out according to Article 54 of Regulation 111/QD-VKSTC: Procurators must check the warrant and relevant documents to check the grounds and legality of the emergency search. Strictly inspect the grounds, conditions, authority, and procedures for search, seizure, and temporary seizure of documents and objects according to the provisions of Chapter XIII of the Criminal Procedure Code; Upon receiving the notice, the Procuracy proactively coordinated with the Investigator to agree on a search plan, ensuring that the search was carried out in accordance with the provisions of Articles 194, 195 and 198 of the Criminal Procedure Code;

The Procuracy must supervise the participants, the order and procedures of implementation; the seizure, sealing, and preservation of means, documents, and objects [17] (if any); the preparation of search and seizure records; promptly detect violations to request termination and remediation; When necessary, make verbal investigation requests; Take notes of necessary content; Sign a record of search and seizure according to law. At the end of the search and seizure work, the Procuracy must proactively coordinate with Investigators and Investigation Officers to evaluate and use the search and seizure results to serve in the case resolution process.

+ Law provisions on supervision of confiscation of property and evidence in rape cases of people under 16 years old

The seizure of property and evidence in a rape case of a person under 16 years old is associated with the arrest, search, and examination of the scene. This is a very important activity to collect initial evidence to determine the nature and level of danger of the crime and also ensure future investigation, prosecution and trial. Therefore, the seizure of evidence must be timely, accurate, not overlooked but also not widespread. During the search process of houses, objects, vehicles, scene examination, etc., it is necessary to carefully study the results in the search records and confiscated evidence, and do not ignore evidence such as hair, hair, clothes, semen, cameras, audio and video tapes... are related to rape. Exhibits must be collected and preserved in accordance with the order in Articles 88 and 90 of the Criminal Procedure Code. In all cases, when confiscating evidence, it is necessary to make a record according to the uniform form prescribed in Article 133 of the Criminal Procedure Code.

The seizure of objects and documents is conducted by competent investigative agencies to collect physical evidence to prove crimes in the most objective and accurate way. This activity must be recorded in writing, the content showing the characteristics of seized objects, documents, samples, and electronic data and must be sealed and preserved according to regulations [36]. Some documents, objects, and samples may be requested for appraisal. Seizure and temporary seizure activities take place during scene examination, autopsy, search, red-handed arrest, verification process, and the person in control of the object surrenders himself.

Minutes of seizure and temporary seizure must be sent to the Procuracy in 01 copy. Supervisors participate in supervision directly or indirectly through minutes. The content that needs to be inspected in this activity is the basis derived from the investigation activity

How to confiscate or temporarily keep that object? Characteristics and origin of seized objects and documents.

Procuracy regarding the order and procedures must be based on the provisions of Article 198 of the Criminal Procedure Code 2015 such as: Temporarily seizing documents and objects during search; Article 199: Responsibility to preserve means, documents, objects, electronic data, letters, telegrams, parcels, and postal items that are seized, temporarily detained, or sealed. KVS supervises the order and procedures of implementation; the seizure, sealing, and preservation of means, documents, and objects; The preparation of records must reflect the seized objects and documents.

- Legal regulations on the supervision of scene examination, autopsy, examination of traces on the body, experimental investigation of rape cases of people under 16 years old

+ Law provisions on the supervision of crime scene examinations of rape of people under 16 years old

The crime scene of a rape of a person under 16 years old is the place that contains the most traces of crime. Scene examination is the most difficult and important investigation activity, conducted in almost every case, arresting people. It is mandatory to have the participation of the Procurator in supervising the collection of evidence to ensure objectivity and protect the probative value of the evidence.

The Procuracy performs the function of supervising scene examination activities and must ensure the provisions of Article 201 of the Criminal Procedure Code 2015.

Procuracy of participants in the scene examination: chaired by the Investigator, required to have witnesses, usually representatives of local authorities, representatives of organizations and unions in the area of the examination or the people in that area. There may be witnesses from the accused, the victim, witnesses to point out and describe the locations of the crime scene, guardians, and defense counsel (required because the victim is under 16 years old).

age)... In some complicated cases, experts need to participate (for example, psychologists, examiners, forensic experts, technicians, doctors...).

When inspecting a scene, it is necessary to supervise accompanying activities such as collecting and sealing traces, objects, documents, taking photos of the scene, and measuring to ensure a general description of the scene. specific scene, expand the scene... Supervise the drawing of the scene map; Prepare a scene examination record in which the content of the examination results is recorded, objectively described, in accordance with the reality at the scene. The form of the record must follow the available form as prescribed in Article 178 of the Criminal Procedure Code.

During the scene examination process, investigators need to observe meticulously and accurately assess the scene. They may request the investigation agency to collect traces and objects deemed related to the case that have not yet been collected. This is a source of direct evidence with important probative value to evaluate whether the victim's testimony is grounded or not, as a basis for fighting the defendant, because these are important evidence for traceability. object. Therefore, for this type of case, the Prosecutor and the Investigator need to have close coordination, promptly request the investigation, and request the relevant authorities to coordinate in collecting and recording traces, evidence as fully as possible. The investigator must be present from the beginning to the end of the examination and supervise the preparation of a scene examination record. If it is deemed that there are other elements missing that need to be described in the record, the investigation agency must be requested to promptly supplement them. . At the end of the examination, if the examiner has no further comments, he or she will sign the record.

+ Law provisions on the inspection of physical traces in rape cases of people under 16 years old

As soon as an incident of rape of a person under 16 years of age is received, it is necessary to conduct an inspection to examine the traces on the body of the arrested person and the victim to promptly detect traces on the body. surname, traces of criminals or other traces related to the case. Progress

Examination of body marks must be conducted by a person of the same sex in accordance with the law and must be attended by witnesses. In cases of rape of a person under 16 years old, the guardian of the victim also needs to quickly request medical facilities to examine and make a record of traces related to the abuse such as bruises. bruises, scratches, scratches or bleeding... You can then request an assessment of the abuse.

Procuracy participants involved in examining physical traces in the case of rape of a person under 16 years old include: Investigator (in charge -); The person directly examining the marks on the body (must be someone of the same gender) the witness (must be the same gender); Professionals can be invited to participate; Guardians, victims, and witnesses can participate.

+ Legal provisions on experimental investigation of rape cases of people under 16 years old

The experiment in investigating a rape case of a person under 16 years old is to reconstruct the scene scene, reenacting the acts and situations in conditions similar to the conditions in which the acts, events, and phenomena need to be examined. Verifying what has taken place in the past to have an objective basis for concluding whether the behavior, event or phenomenon is consistent with natural law or not in order to serve the investigation of rape cases of people under 16 year old. This activity is aimed at checking and verifying documents and meaningful details in solving the case of rape of a person under 16 years old.

Clause 2, Article 204 of the Criminal Procedure Code 2015 stipulates that it is mandatory for prosecutors to be present to supervise the experimental investigation of rape cases of people under 16 years old. Before conducting investigative experiments, investigators must notify the Procuracy at the same level of the time and place to conduct investigative experiments.

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