What are initial procedures for crime scene response by the Public Security Force in Vietnam from February 1, 2025?

What are initial procedures for crime scene response by the Public Security Force in Vietnam from February 1, 2025?

On December 16, 2024, the Minister of Public Security issued Circular 98/2024/TT-BCA regulating the procedures for forensic examination of crime scenes in criminal proceedings by the People's Public Security force, effective from February 1, 2025.

According to Article 4 of Circular 98/2024/TT-BCA, when arriving at the scene, before conducting the examination, the leader of the crime scene investigation needs to carry out the following:

(1) Request the commander of the scene protection work to report the situation and results of scene protection. Discuss with the managing body, with the victim, the victim's relatives (if any), with local authorities, and with those who first discovered the incident to understand developments of the incident concerning the security situation at the scene area.

(2) Directly observe and determine the boundaries of the scene; preliminarily determine the structure and composition of the scene; identify camera positions at the scene. Review the scene protection status to decide whether to supplement the scene protection force or adjust the scope of the scene that needs protection (if necessary).

(3) Select and invite witnesses for the examination. Witnesses may include representatives of local authorities, representatives of agencies, organizations, or citizens aged 18 or over. Request local authorities or the unit where the incident occurs to coordinate and assist in the examination process (if deemed necessary).

(4) Consider and decide measures for handling traces, exhibits, documents, objects, and electronic data that may be altered or destroyed; consider setting up a separate path for access and observation at the scene.

(5) Conduct a briefing with the crime scene investigation team to select appropriate methods and tactics for the examination, assign specific tasks to the investigation team: photographers; videographers (if necessary); sketch artists; individuals responsible for detecting, collecting traces, exhibits, documents, objects, electronic data; those responsible for recording and cataloguing to assist in compiling the crime scene examination report.

Therefore, from February 1, 2025, upon arriving at the scene of a criminal case, Public Security forces need to follow these steps: report on the scene protection situation, determine the boundaries and structure of the scene, select witnesses for the examination, decide measures for handling traces and exhibits, and allocate tasks to the investigation team.

How to prepare forces and equipment for crime scene investigation in Vietnam?

According to Article 3 of Circular 98/2024/TT-BCA on the preparation of forces and equipment for the crime scene investigation:

- For the Leading Investigation Agency:

+ Assign a leader for the investigation;

+ Notify the same-level Procuracy to appoint a procurator to participate in supervising the crime scene investigation;

+ Notify and request the participation of the Forensic Technical Force in the crime scene investigation;

+ Notify and request other professional units to participate in coordination during the crime scene investigation (if necessary);

+ If necessary, allow the accused, the defense lawyer, the harmed, and witnesses to participate, and invite experts to attend the examination;

+ Prepare transportation means, communication equipment, specialized tools (if any), and relevant forms and documents.

- For the Forensic Technical Force:

Upon receiving a request to participate in the crime scene investigation, the Forensic Technical Force needs to:

+ Assign dedicated staff to the crime scene investigation. Assign a specialized expert to participate in coordinating the examination (if necessary);

+ Prepare specialized technical equipment such as: crime scene investigation kits; cameras, videography equipment; various light sources, means, equipment, chemicals for detecting and collecting traces, exhibits, documents, objects, electronic data; measuring tools, sampling bags, other specialized technical equipment (if any), and relevant forms and records.

- For Other Coordinating Forces:

Upon receiving notification and requests to participate in the crime scene investigation, Traffic Public Security, Fire Prevention and Rescue Public Security, Commune-level Public Security, training and using sniffer dogs, and other related forces within their scope and responsibility must send their officers to the scene to coordinate with the leading agency in conducting crime scene examination activities.

Please Login to be able to download