Preventing crimes of infringement upon social order in southeastern provinces

ice, 2001 by Prof.Dr. Nguyen Xuan Yem indicates comprehensively criminal prevention, of 7 which is crime of infringement upon social order. Reference book titled Handbook for fighting against crimes and social vices, Publishing House of Labor and Society, 2003. This work indicates tricks of crimes and effective measures for criminal prevention that may be applied in specific situation by reads. Reference book titled Organizational crimes, history and problems today, Publishing House of People’s Police, 2007 by Prof.Dr. Ho Trong Ngu; State-level scientific project (1996 - 2000), Social Sciences 2007-2008 by Prof. Dr. Nguyen Phung Hong, Assoc. Prof. Dr. Ho Trong Ngu and et al about “Criminal prevention and fighting in new period” have determined important theoretical and practical basis for a state-level criminal prevention and fighting strategy in the times of industrialization and modernization. Book titled “Some theoretical issues about crime situation in Vietnam” was written by Assoc. Prof. Dr. Pham Van Tinh, published in 2007, whose content is to supply basic knowledge for studies about crimes in Vietnam, also to develop the more detailed theory about crime situation, meeting demands of criminological studies. 1.2.2. Studies about preventing a group of crimes or a specific crime International Workshop on Prevention of Human Trafficking: International Perspectives, ASEAN and Vietnam was held by the Faculty of Law, Vietnam National University, Hanoi on December 2, 2010 in Hanoi. Competent authorities were proposed to review, study and make consultancy and proposal to Vietnamese government for developing and adopting legal instruments related to prevention of human trafficking. The Juris Doctor Dissertation of Nguyen Ngoc Binh titled “Fighting and preventing violence crimes in Vietnam today” was defended in 2010, which introduced some theories about general criminal prevention, viewpoints of the Party and the State in fighting and preventing crimes in general and violence crimes in particular. The Juris Doctor Dissertation of Le Huu Du with title “Fighting and preventing child sexual abuse in the present period” was depended in 2015, in which concepts about 8 general crime situation, causes and conditions of such crimes and preventive measures were introduced by the author. 1.2.3. Studies about preventing crimes in the Southeastern provinces of Vietnam The Juris Doctor Dissertation titled Crime of property robbery in the Southeastern region of Vietnam: situation, causes and preventive measures is of Author Pham Van Trung, Graduate Academy of Social Sciences, in which theories and legal signs of property robbery in the Southeastern region of Vietnam for period from 2007 to 2016 were analyzed; causes and conditions of crimes of property robbery in the Southeastern region were analyzed and found out with various elements, of which were economic, social conditions and shortcomings of the subject of crime fighting and prevention. The Dissertation titled Crimes of infringing upon possession of properties in Ho Chi Minh City: Situation, causes and preventive measures of Candidate Doan Cong Vien, defended at the Graduate Academy of Social Sciences in 2018 clarified specific causes and conditions of crimes of infringing upon possession of properties that pertained to characteristics of geographic locations related to the crimes in Ho Chi Minh city. It also analyzed personal characteristics of criminals and supporting situations and circumstances and proposed preventive solutions for the crimes of infringing upon possession of properties in Ho Chi Minh City. The Dissertation titled “Criminal prevention at industrial zones in Dong Nai province” by Author Le Ngoc Quang, defended at the Graduate Academy of Social Sciences in 2018 analyzed and assessed actual situation of criminal prevention at industrial zones in Dong Nai province; Clarified crime situation, causes and conditions at industrial zones in Dong Nai province; set forth forecasts about crime situation at industrial zones in the coming time. In the Dissertation titled “Personal records of criminals infringing upon human dignity and honor from the practices of the Southeastern provinces of Vietnam” by Author Nguyen Vinh Huy, defended at Graduate Academy of Social Sciences in 2019, it clarified personal records of criminals infringing upon human dignity and honor in 9 the Southeastern provinces of Vietnam; studied and analyzed causes of forming negative personalities of criminals; aimed at proposing solutions for strengthened prevention of crimes of infringing upon human dignity and honor in the Southeastern provinces of Vietnam from the aspect of criminals’ personal records. 1.2.4. Studies about preventing crimes of infringement upon social order and security The Juris Doctor Dissertation with title of “Criminal prevention of the Police of Social Order Crime Investigation in Vietnam today” by Author Nguyen Quang Nghia, People’s Police Academy, 2007 clarified crime situation, causes and conditions; also preventive measures such as improving the effectiveness of basic investigations; improving the quality and efficiency of search warrant; improving the efficiency of building and employing secret collaborators; organizing and conducting effectively reconnaissance projects; enhancing information exchange between the professional units of the People's Police force. 1.3. Assessing studies and problems to be addressed in the Dissertation With the foreign studies, the author is also provided with a comprehensive perspective about general criminal prevention and specific criminal prevention, which are premise for realizing diversity in approaches by analyzing causes, conditions and systems of measures and division of measure groups in criminal prevention as well as method of criminal prevention performance in each different nation, through which it determines theoretical issues on general criminal prevention and social order criminal prevention in Vietnam in accurate and appropriate manner in a comparative relation with the world with respect of this issue. Outcomes of the domestic studies have confirmed the importance of preventing crimes of social order in our country today, initially identifying the need to continue improving the theory system of infringement upon social order and security and preventive measures against this group of crimes ... Analysis and assessment from the domestic studies will be continuously reviewed and commented by the 10 author regarding the application of preventive measures according to the functions and tasks of responsible subjects in our country today. 1.3.2. Issues to be continuously studied in the Dissertation By referring domestic and foreign studies, the author realizes some outstanding issues that need be clarified: Concepts about criminal prevention in general and social order criminal prevention in particular have not been construed consistently. An author deemed that preventive measures should be divided into grades, personal records of criminals, in combination with general effect, group effect and individual effect. However, some specialists said that crime preventive measures were diversified and plentiful but they just focused on two groups: social prevention and professional prevention, etc. Besides, outcomes of such studies mostly focused on studying general criminal prevention or specific criminal prevention, other than intensively analyzed characteristics and measures for prevention and fighting against groups of crimes such as social order crimes. There have not been so far really convincing studies when trying to solve existing problems in preventing social order crimes associated with the Southeastern provinces of Vietnam, where number of crime cases is high as compared to the nationwide, etc. Reality shows that preventing crimes of infringement upon social order and security by responsible subjects in the Southeastern region is still restricted, therefore the studies about criminal prevention in general and social order criminal prevention in particular have not interpreted systematically, intensively and comprehensively the theoretical and practical bases for criminal prevention in this region, from which directions and solutions for improved efficiency of preventing such crimes in the present situation can be proposed. 11 Chapter 2 THEORETICAL ISSUES ON PREVENTING CRIMES OF INFRINGEMENT UPON SOCIAL ORDER 2.1. Awareness on crimes of infringement upon social order 2.1.1. Concept of crimes of infringement upon social order Crimes of infringement upon social order and security and public security are dangerous for society, intentionally or unintentionally harming safety and order in the fields of transportation, production, labor, construction; management of explosives, inflammables, toxins and radioactive substances; fire prevention, foodstuff hygiene; health activities; environmental protection, social order and socialist legal order In board meaning, public order and security are order and security in terms of citizen’s life, health and property at public places. 2.1.2. Criminal signs of crimes of infringement upon social order Objects of crimes: Crimes of infringement upon public order, State's regulations on public security and order; life and health of citizens, properties of the State and citizens. Objective side of crime: Majority of crimes are committed by specific actions, such as crimes of infringement upon State’s regulations in different fields. Majority of crimes specified in this Chapter are constituted with material crimes, i.e. it relates to signs of consequences harmful to the society. Subjective side of crime: Majority of crimes are committed with unintentional faults. Subject of crime: means a person capable with criminal liability and reaching age as prescribed in Article 12 of the Criminal Code. There are a number of crimes for which signs of special subject are required. 2.2. Concept, objective and meaning of preventing crimes of infringement upon social order Criminal prevention is a system of State’s and society’s measures for overcoming causes and conditions of crime offence, detecting, managing and educating persons capable for crime offence, reducing crimes, preventing crimes and leading to eliminate crimes from the social life. 12 Criminal prevention is comprised of the following elements: Objectives of criminal prevention are to detect and overcome causes, conditions of crime offence in order to restrict, reduce and lead to eliminate crimes from the social life. Criminal prevention is to prevent an negative social phenomenon, in which numeral measures are performed completely: general prevention measure (social measure), special prevention measure (professional measure). Criminal prevention is closely pertained to crime investigation and handling. Preventing crimes of infringement upon social order and security is the application of completely economic, political, administrative and legal profession measures by agencies, organization and citizens under the Party leadership in order to eliminate or invalidate causes and conditions of crimes of infringement upon social order and security; preventing crime occurrence and conduct necessary measures to timely detect and handle crimes to reduce crimes and lead to completely eliminate crimes of infringement upon social order and security from the social life. Meaning of preventing crimes of infringement upon social order: From the aspect of criminology, studies on preventing crimes of infringement upon social order and security are essentially significant in establishing preventive measures and reviewing subjects’ responsibility of prevention in the work of political and social security and order assurance; with immediate and long-term strategic significance, positively serving the cause of industrialization and modernization of the country in the Southeastern region; Criminal prevention measures contribute to maintaining the social order and security by professional and even coercive measures. Therefore, criminal prevention makes sense in terms of social management. 2.3. Principles of preventing crimes of infringement upon social order and security Preventing crimes of infringement upon social order and security must base on the following principles: legal system principle, democracy principle, coordination and concreteness principle, humanitarianism 13 principle, principle of concretizing in criminal prevention and scientific principle. 2.4. Theoretical, practical and legal bases for preventing crimes of infringement upon social order Theoretical basis for preventing crimes of infringement upon social order and security is theory of causes and conditions of criminal situation. To effectively prevent crimes of infringement upon social order, it is necessary to determine causes and conditions of crimes of infringement upon social order. It must rely on theory of nature of preventing crimes of infringement upon social order, which is to adopt social and public administrative measures to affect the causes and conditions of the crimes in order to prevent its occurrence. Legal basis for preventing crimes of infringement upon social order and security is the Party’s guidelines and the State’s legal instruments on criminal prevention, which is the very important legal and political bases for preventing crimes of infringement upon social order and security and vice versa such prevention is the very implementation of such guidelines and regulations. Practical basis for preventing crimes of infringement upon social order: crimes of infringement upon social order and security are considered as one of rather complicated crimes. Their danger is that the more dangerous it is, the more complicated tricks are and the more organizational crime occur, etc. 2.5. Subject, content, method of preventing crimes of infringement upon social order National Assembly: Proactively and timely adopt acts, resolutions, legal instruments on criminal prevention; complete legislation in step-by- step manner, which is basis for public agencies, social organizations and each citizen to successfully implement criminal prevention; supervise the prevention of crimes of infringement upon social order and security of other subjects. Vietnamese Communist Party: The Party sets forth, frequently inspects, speeds up and requests competent authorities and agencies to 14 report about social security and order, crime fighting and prevention according to tasks of each authority and agency, from which guidelines, directions as specified in resolutions on preventing crimes of infringement upon social order and security are provided to local governments, agencies and authorities in order to timely meet demands of the fight from time to time and in each specific location. Governments and People’s Committees at all levels: These subjects execute legislation through adopting instructive instruments for enforcement of the law on criminal prevention adopted by the National Assembly; Deploy social measures such as developing and implementing the plan of economic, cultural and educational development, etc. nationwide to enhance the material and sprit life of people in an effort to prevent crimes. Procedural authorities: Their tasks are to directly detect, inspect and clarify criminal acts to apply necessary measures in legal procedure, judging or sending to reformatories for education and training purpose; demonstrating its own measures for general and specific prevention. Procedural authorities include police agencies, procuracies and courts. Organizations and individuals in the society: Through education, inspection and supervision of officials, staffs, youth union members or members of such organization, these organizations fulfill criminal prevention on social order, supply information and materials of general criminal prevention, of which is social order crimes, for competent authorities to integrate with other topics to perform criminal prevention programs. Content of preventing crimes of infringement upon social order: - Restricting and eliminating causes and conditions of crimes of infringement upon social order, preventing its occurrence; Timely preventing occurrence of new criminal acts; Preventing recidivism. Measures of preventing crimes of infringement upon social order: Pursuant to scope, grade of their impact: general criminal prevention measures, crime-typed prevention measures, specific crime prevention measures. 15 Pursuant to content and characteristics of measures: Socio- economic measures, socio-cultural psychological measures, social organization and management measures, legal measures. Pursuant to locations and fields where crimes are to be prevented: national criminal prevention measures, regional and local criminal prevention measures, specific criminal prevention measures applied to sector or field of operation. Chapter 3 ACTUAL SITUATION ON PREVENTING CRIMES OF INFRINGEMENT UPON SOCIAL ORDER AND SECURITY IN THE SOUTHEASTERN PROVINCES OF VIETNAM 3.1. Situation and characteristics of crimes of infringement upon social order and security in the Southeastern provinces in the past time From 2007 to 2017, the number of crimes of infringement upon social order and security throughout the country rapidly increased. As compared to 2007, it increased to 149% and the number of defendants to 171% in 2013; It increased to 154% and the number of defendants to 169% in 2014; It increased to 170% and the number of defendants to 184% in 2015; It increased to 149% and the number of defendants to 156% in 2016; It increased to 148% and the number of defendants to 154% in 2017; Specially by 2013, the numbers of cases and defendants in crimes of infringement upon social order and security increased sharply. In terms of offending, according to research of 1,327 cases of crimes infringing upon social order, there were 862 cases occurred in daytime accounting for 64.90% and 465 cases occurred in nighttime accounting for 34.10%. In terms of venues of crimes, analytical outcomes show that cases of crimes of infringement upon social order and security occurred indoor accounted for 31%, on streets for 27%, at public places for 17%, at deserted places for 25%, According to personal record of criminal: By analyzing judgments to identify qualification of criminals infringing social order, it shows that 16 two of 314 defendants were undergraduates, accounting for 0.6%, 73 graduates of high schools accounting for 23.6%, the remaining persons at primary or secondary school qualification. Of the 220 first-instance judgments of crimes infringing upon social order, there were 314 defendants, of which 265 defendants were jobless or unemployed, accounting for 84%; only 15 defendants had occupation and jobs accounting for 5%; 33 defendants were pupils and students accounting for 11%. In the actual trial from 2007 to 2017, the number of female criminals infringing social order was varied and increased continuously. It increased unregularly from 66 female criminals in 2007 to 77 in 2010, then downed to 42 in 2010. 3.2. Actual situation of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam in the past time Actual situation of theoretical awareness on preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam The theoretical system of criminology in the Southeastern provinces was born after 1975; just focused on studies made at universities and was rather backward and restricted. Scientific research projects, doctor dissertation and master theses, textbooks on the prevention of crimes of infringement upon social order and security in the Southeastern provinces and cities have not been mentioned and interested. In the actual process of preventing crimes infringing upon social order and security in particular, there will be many inadequacies, new issues need to be summarized in practice and added to the theoretical system, but not yet timely and completely. Actual situation of organizing forces for preventing crimes of infringement upon social order and security in the Southeastern region of Vietnam - Outcomes obtained from the political and legal aspects: Directive No. 18-CT/TW dated September 4, 2012 of the Central Secretariat Committee of the Party (Session XII) on "strengthening the 17 Party's leadership in ensuring traffic safety in roadway, railway and inland waterways and overcoming traffic jams”; Resolution No. 28- NQ/TW dated October 25, 2013 of the Central Committee of the Party (Session XI) on "The Fatherland protection strategy in a new situation"; Conclusion No. 95-KL/TW dated April 2, 2014 of the Central Secretariat Committee of the Party (Session XII) on further implementation; Directive No. 46-CT/TW dated June 22, 2015 of the XI Politburo on "strengthening the Party's leadership in the task of assuring security and order in the new situation”; Decision No. 2270/QD-TTg 2013 on the plan of implementing the Conclusion No. 28-KL/TW on tasks, solutions for socio-economic development, security and defense assurance in the Mekong River Delta by 2020. The Constitution 2013; the Criminal Code 2009, the Labor Code 2013, the Civil Code 2015, the Law on Children Protection, Care and Education 2004, the Law on Education 2005, the Law on Handling Administrative Violations 2012, the Law on Execution of Criminal Judgments 2010, the Ordinance on Enforcement of Imprisonment Judgments and the Ordinance No. 01/2017/UBTVQH 12 in 2007 on amending and supplementing a number of articles of the Ordinance on Enforcement of Imprisonment Judgments, the Decree No. 02/2014/ND- CP in 2014 stipulating the application of measures for handling administrative violations, sending to reformatories and compulsory educational establishments. On the basis of such guidelines, resolutions and legal instruments of the Central Executive Committee, the National Assembly and the Government, from time to time, the Provincial Party Committee, the People’s Councils, the People’s Committees of the Southeastern provinces and cities can prepare resolutions and action plans to grass-root levels. - Restrictions on political and legal bases of preventing crimes of infringement upon social order and security: The Party’s Committees, Governments of the Southeastern provinces and cities have not been proactive in setting forth their regional statutory guidelines, plans and 18 regulations. There have not been regulations on multidisciplinary coordination for performance, which resulted in relying on directions from upper levels, waiving accountability, not paying proper attention to criminal prevention. Actual situation of organizing forces for preventing crimes of infringement upon social order and security in the Southeastern region: Forces directly implementing functions and tasks of criminal prevention: In terms of the current law propaganda and dissemination force, according to statistics of the Departments of Justice of the provinces and cities in the Southeastern region, there are 518 province reporters, 965 district reporters, 4560 grassroots reporters and about 5974 propagandists, 314 legal assistance collaborators, 6,357 mediation teams with 28155 grassroots mediators. Public security departments of wards, communes and towns were currently comprised of 3,099 people with professional qualifications: 87 people at primary level accounting for 2.80%, 1,705 people at intermediate level accounting for 55%, 1,289 people at higher education level accounting for 41.59%; In terms of political reasoning: 1,670 people at primary level accounting for 53.88%, 1,286 people at intermediate level accounting for 41.49%, 183 people at high level accounting for 5.9%; In terms of titles: 2,067 scouts accounting for 66.69%, 946 investigators accounted for 20.52%, 86 people of advisory and logistic forces accounting for 2.77%. Restrictions in the staff of criminal prevention: Qualifications of legal reporters were not equal while reporters with university degrees or higher were mainly in the group of legal report