Circular No. 98/2024/TT-BCA stipulates the procedures for examining crime scenes in criminal proceedings by the People's Public Security Forces.

CIRCULAR

Regulations on the procedure for examining crime scenes in criminal proceedings

of the People's Public Security Forces

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Institute of Criminal Science;

The Minister of Public Security promulgates this Circular stipulating the procedures for examining crime scenes in criminal proceedings by the People's Public Security forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the actions to be taken before examining a crime scene; the content and procedure for examining a crime scene; collecting comparison samples; reconstructing the crime scene; examination records and documents in criminal proceedings conducted by the People's Public Security forces.

Article 2. Principles of examining crime scenes

1. Examining crime scenes must comply with the provisions of the Criminal Procedure Code, this Circular, and other relevant legal documents concerning crime scene examinations.

2. Quickly, promptly, carefully, meticulously, objectively, comprehensively, scientifically, and accurately.

3. The person in charge of examining the crime scene must closely coordinate with the crime scene examination force and other participants in the examination process, ensuring centralized and unified direction and bearing overall responsibility for the results of the crime scene examination.

4. The process of examining the crime scene must ensure safety for the crime scene examination force and other participants in the examination.

5. Providing information, transferring documents, and results of crime scene examination work must comply with legal regulations and the Public Security sector's rules.

Chapter II

ACTIONS TO BE TAKEN BEFORE EXAMINING A CRIME SCENE

Article 3. Preparing personnel and equipment for examining crime scenes

1. For the agency in charge of the examination:

a) Assigning the person in charge of the examination;

b) Notifying the same-level Prosecution Office to assign a prosecutor to participate in supervising the examination activity;

c) Notifying and requesting the Criminal Technical Force to participate in the examination;

d) Notifying and requesting relevant units to participate in coordinating during the examination process (if necessary);

e) In case of necessity, allowing the suspect, defense counsel, victim, witness to participate and inviting experts to attend the examination;

f) Preparing transportation means, communication devices, specialized equipment (if any); various forms, related documents.

2. For the Criminal Technical Force:

Upon receiving a request to participate in the examination, the Criminal Technical Force needs to:

a) Assign specialized crime scene examiners to participate in the examination. Assigning appraisers with appropriate expertise to participate in coordination (if necessary);

b) Preparing specialized technical equipment such as: Crime scene examination bags; cameras, video recorders; various types of lighting sources, equipment, chemicals for detecting and collecting evidence, objects, documents, electronic data; measuring tapes, scale rulers, sample collection bags, other specialized technical equipment (if any), related forms, examination records.

3. For other coordinating forces:

Upon receiving notification and requests to participate in the examination, traffic police, fire prevention and firefighting rescue forces, public security agencies at the commune level, training and animal operation forces, and other relevant forces within their scope and responsibilities must send officers to the scene to coordinate with the main agency in conducting crime scene examination activities.

Article 4. Initial handling upon arrival at the scene

Upon arriving at the scene, before conducting an inspection, the person in charge of inspecting the scene shall perform the following tasks:

1. Request the person in charge of protecting the scene to report on the situation and results of protecting the scene. Exchange with the competent authority, the victim, the victim's relatives (if any), local authorities, and the first persons to discover the incident to understand the development of the incident and the security and public order situation in the area of the scene.

2. Directly observe and determine the scope of the scene; preliminarily determine the structure and configuration of the scene; identify locations with cameras at the scene. Check the work of protecting the scene to decide to supplement additional forces for protecting the scene or adjust the scope of the scene that needs protection (if necessary).

3. Select and invite witnesses to observe the inspection. The witness may be a representative of the local authority, a representative of an agency or organization, or a citizen aged eighteen years or older. Request the local authority and the agency or unit where the incident occurred to cooperate and support during the inspection process (if deemed necessary).

4. Consider and decide on measures to handle evidence, objects, documents, items, and electronic data that are at risk of being altered or destroyed; consider establishing a separate path for movement and observation at the scene.

5. Conduct a consultation with the team inspecting the scene to select appropriate methods and tactics for the inspection, and assign specific tasks to the inspection team: the photographer; the videographer (if necessary); the drafter of the diagram; the person who discovers, collects evidence, documents, items, and electronic data; the recorder and statistician to assist in preparing the inspection record.

Chapter III

CONTENT AND PROCEDURE FOR INSPECTING THE SCENE

Article 5. Observing the Scene

1. Choose a suitable position to observe the entire area of the scene comprehensively; conduct observations from a distance to close up, from the overall to the parts, from the general to the specific, with focus and emphasis. The observation process may use technical means for assistance.

The content of the observation includes: the location, terrain, topography, condition, structure, and material type of each part of the scene; damages and consequences of the incident; identification of traces, evidence, documents, items, and corpses (if visible) related to the incident.

2. Determine reference points (landmarks) to locate the general scene, the victim's location (if any), vehicles, traces, evidence, documents, and items at the scene. In cases where there are no fixed reference points at the scene, geographic coordinates must be determined.

3. Assign serial numbers to traces, evidence, documents, items, and corpses (if visible) found at the scene. Serial numbers are assigned in natural ascending order according to the sequence of discovery.

4. Carry out general documentation activities regarding the scene, traces, evidence, documents, items, and electronic data, and corpses (if present) at the scene using methods such as: photographing; recording the scene (if necessary); drawing a diagram of the scene; describing in the inspection record.

5. Decide on the methods, tactics, means, equipment, and chemicals to be used in the detailed inspection phase of the scene.

Article 6. Detailed Examination of the Crime Scene

The person in charge of examining the crime scene assigns the examination team to use specialized technical equipment, apply appropriate examination methods and tactics to carry out the following tasks:

1. Discovering and clarifying traces, evidence, documents, objects, electronic data, and corpses (if any);

2. Recording and describing traces, evidence, documents, objects, electronic data, and corpses (if any);

3. Collecting and preserving traces, evidence, documents, objects, electronic data, and corpses (if any);

4. Taking comparison samples (if any);

5. Describing the crime scene in the crime scene examination report;

6. Drawing a diagram of the crime scene;

7. Taking photographs; recording video of the crime scene (if necessary).

Article 7. Completion of Crime Scene Examination

1. Conducting an evaluation of the discovered and collected traces, evidence, documents, objects, electronic data, and corpses (if any) to extract information for investigative work:

a) Evaluating each trace, evidence, document, object, electronic data, and corpse (if any) and the relationship between these traces, evidence, documents, objects, electronic data, and with the corpse (if any), and other objects at the scene. Making conclusions about the cause, mechanism of formation, time of appearance and existence of traces, evidence, documents, objects, electronic data; characteristics of the object causing the marks;

b) Evaluating the evidentiary value of each trace, evidence, document, object, electronic data; identifying traces, evidence, documents, objects, electronic data that need to be requested for expert examination;

c) Evaluating the number and characteristics of the suspected perpetrator(s) committing the criminal act; victims or other related persons present at the scene (if any);

d) Evaluating the harmful consequences caused by the incident.

2. Evaluating the results of the crime scene examination:

a) Determining the achievements made;

b) Identifying missing or incomplete issues requiring supplementation, contents needing re-examination at the scene.

3. Packaging and sealing the discovered and collected traces, evidence, documents, objects, electronic data, and comparison samples (if any) according to regulations.

4. Completing the crime scene examination report; tallying the number and types of crime scene diagrams drawn; the number and types of crime scene photographs taken and recorded in the crime scene examination report.

5. The person in charge of the examination declares the completion of the examination, releasing the crime scene or declaring the end of the examination session and continuing to protect the scene for re-examination or subsequent examination (if necessary).

Chapter IV

COMPARISON SAMPLES; RECONSTRUCTING THE CRIME SCENE; EXAMINATION REPORT AND DOCUMENTS

OF THE CRIME SCENE

Article 8. Collection of Comparison Samples

1. The person in charge of the examination assigns the crime scene examination team to collect comparison samples immediately at the scene (if any).

Based on the traces, evidence, documents, objects, and electronic data discovered and collected at the scene, selecting the type and quantity of comparison samples ensuring the requirements for expert examination. Choosing suitable collection and preservation methods based on the type of comparison sample.

2. Comparison samples must be packaged, sealed, and preserved according to legal regulations. The collection of comparison samples at the scene must be recorded in the crime scene examination report.

Article 9. Reconstructing the Scene

In cases where the scene has been disturbed, after a detailed inspection, if deemed necessary, the scene may be reconstructed based on the statements of witnesses, victims, offenders, or other individuals related to the incident or case, with the aim of combining the results of discovering, collecting, evaluating traces, evidence, documents, objects, electronic data, and corpses (if any) with the reconstructed state of the scene to assess the development of the incident and the actions of the perpetrator at the scene.

The reconstruction of the scene must be fully recorded and described in the inspection report of the scene.

Article 10. Inspection Reports and Documents of the Scene

1. Inspection Report of the Scene

a) The inspection report of the scene must be prepared according to the prescribed form and legal regulations; it can be handwritten or typed to complete the report; abbreviations are not allowed; Vietnamese language, common terms, clear, concise, and easily understandable wording must be used; it must accurately describe all details in the correct sequence of the actual events during the scene inspection.

b) The inspection report of the scene must be completed immediately after the conclusion of the scene inspection; it must be read aloud for all participants to confirm its accuracy, sign, and write their full names.

c) If the inspection report of the scene spans multiple pages, signatures must be placed at the bottom of each page or a stamp must be affixed across the pages; any additions, deletions, strikethroughs, or corrections in the inspection report must be clearly noted and confirmed by all members involved in the inspection.

2. Diagrams of the Scene

a) Types of diagrams of the scene include general diagrams, central diagrams, partial diagrams, detailed diagrams, or a combination of general diagrams with central, partial, and detailed diagrams. Depending on the nature of the incident, characteristics of the scene, capabilities, and practical conditions, the person in charge of the inspection decides which type of diagram to draw. The diagrams can be drawn using plan view, development drawing, or perspective methods, either manually or through suitable graphic software.

b) The orientation of the scene on the diagram must follow international conventions, with arrows indicating North (N: North, NE: Northeast, E: East, NW: Northwest, S: South, SE: Southeast, W: West, SW: Southwest).

c) A consistent unit of measurement must be used throughout the entire drawing, which is meters (m) and centimeters (cm); if the drawing is scaled, specific annotations must be made. For unscaled drawings, the relationship between traces, evidence, documents, and objects at the scene must be maintained.

3. Photographs of the Scene

a) During the scene inspection, photographs of the general scene, central scene, partial scenes, and detailed scenes must be taken. For detailed photographs of traces, evidence, and objects, the principles of photographing traces and evidence must be strictly followed.

b) The photographs of the scene must be presented according to the prescribed format and arranged logically in the sequence of the scene inspection. The photographs must be compiled into a book; each photograph must have a clear and complete caption; the photographs must not be edited.

4. Video Recordings of the Scene (if applicable): Depending on the nature of the incident and the actual situation at the scene, it may be necessary to record the scene, the entire inspection process, or specific stages of the inspection. The video recordings of the scene must be documented in the inspection report and must not be edited or spliced. The video recordings must be stored in appropriate media and sealed according to legal regulations.

5. Report on the Scene Inspection

a) The report on the scene inspection is a professional document used internally within the People's Public Security forces. After completing the scene inspection, the person in charge assigns the inspection team to prepare the report on the scene inspection to report to the head of the inspecting agency.

b) The contents of the report on the scene inspection include: name of the reporting agency; recipient or person receiving the report; type of incident reported and the time and place of occurrence or discovery; time of inspection; inspection team composition; summary of the incident situation; scene protection work; process and results of the scene inspection; analysis and evaluation of discovered and collected traces and evidence; assessment of the nature of the inspected incident and the offender (if any); recommendations and technical measures to be implemented next; recommendations for cooperation among forces. The report must end with the signature and full name of the reporter; confirmation and stamp of the reporting agency.

Chapter V

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from February 1, 2025.

Article 12. Responsibility for Implementation

1. Heads of units under the Ministry of Public Security, Provincial Police Directors, and heads of agencies and units and individuals related to scene inspection activities within their functional and assigned tasks are responsible for organizing the implementation of this Circular.

2. The Director of the Investigation Department Office, the Director of the Criminal Investigation Bureau, and the Director of the Institute of Forensic Science are responsible for organizing guidance, supervision, and strict implementation of this Circular according to their assigned functions and tasks.

3. In the course of implementing this Circular, if there are difficulties, local police units must report to the Ministry of Public Security (through the Investigation Department Office, Criminal Investigation Bureau, or the Institute of Forensic Science) for timely guidance.