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TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.TỘI CƯỚP TÀI SẢN DƯỚI HÌNH THỨC PHẠM TỘI CÓ TỔ CHỨC THEO PHÁP LUẬT HÌNH SỰ VIỆT NAM TỪ THỰC TIỄN THÀNH PHỐ HỒ CHÍ MINH.
VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES DOAN TRONG CHINH THE CRIME OF ROBBERY IN THE FORM OF ORGANIZED CRIME ACCORDING TO THE CRIMINAL LAW OF VIETNAM FROM THE PRACTICE OF HO CHI MINH CITY Major: Criminal Law and Criminal Procedure Code : 9.38.01.04 DOCTORAL THESIS IN JURISPRUDENCE Hanoi, 2022 The project was completed at: VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES Supervisor: Prof Dr Ho Trong Ngu Reviewer 1: Assoc Prof Dr Tran Van Do Reviewer 2: Assoc Prof Dr Tran Dinh Nha Reviewer 3: Assoc Prof Dr Cao Thi Oanh The thesis will be defended at the Academy level Thesis Judging Committee meeting at: Vietnam Academy of Social Sciences - Academy of Social Sciences, at ………….… , on………………… Thesis can be found at the library: Vietnam National Library Library of the Academy of Social Sciences INTRODUCTION Rationale In the process of national renewal, building and developing comprehensively a socialist-oriented market economy in the context of deepening international integration, and joining the World Trade Organization (WTO), has been bringing great achievements in all areas of social life Besides these achievements, the negative side of the market economy also entails many negative social phenomena, including the crime situation in general, the situation of property infringement crimes in particular, and the situation of robbed property in particular These negative social phenomena, which have also adversely affected the continuation of the two strategic missions "successfully building socialism and firmly defending the Socialist Republic of Vietnam", should be overcome and gradually eliminated nationwide in general and in each specific area For the Ho Chi Minh City area, it is no exception As a major economic center of the country, Ho Chi Minh City has had rapid economic development and a strong process of industrialization and urbanization The population is large and rapidly increasing, the composition is complicated, the customs and behavior are different, the legal knowledge is still limited, and many criminal subjects from other localities take advantage of the immigration situation infiltrated, making the crime situation in general and property robbery in the form of organized crime in particular in this city in recent years complicated and dangerous Statistics (see table 3.1 – Appendix) show that the number of cases as well as the number of defendants tried for robbery in Ho Chi Minh City in the past 10 years was 1,562 cases with 3,618 defendants, an average of 156.2 cases per year with 361.8 defendants Compared to other localities across the country, this number is relatively large; it increases and decreases unevenly and continuously over the years, especially compared to 2019 In 2020, there will be an increase in both the number of cases and the number of defendants The trial practice in recent years also shows that this crime occurs in the nature of a gang, is organized, operates with high mobility, and has close links between criminal organizations in different regions It is happening more and more When committing this type of crime, offenders often use weapons, especially hot weapons, to commit crimes, causing very serious consequences for life, health, and property, greatly affecting social order and safety, causing great frustration among the people, and this is a great challenge for law enforcement agencies Statistics on robbery in general and robbery in the form of organized crime across the country as well as in the Ho Chi Minh City area show that robbery in the form of organized crime takesrate 45.2% in cases of property robbery and 2.4% of criminal cases detected, investigated, prosecuted and tried The overview data on the situation of property robbery in general and the crime of robbery in the form of organized crime mentioned above both reflect the results of the fight against crime as well as the consequences of crime prevention when staving off this crime This crime is not good and it comes for many different reasons, including: First, based on theory, some issues such as what constitutes organized crime or the correlation between the criminal responsibility of accomplices have not been uniformly recognized in the jurisprudence as well as between agencies, procedureconducting persons in different sectors and localities, therefore leading to different understandings of "property robbery in the form of organized crime" and the 1 responsibilities of those who jointly commit the crime This has adversely affected the determination of the crime as well as the correct punishment, ensuring the principles of fairness, the division of criminal responsibility and the individualization of punishment, humanity for the offender Secondly, although the regulations on property robbery in general and the crime of robbery in the form of organized crime in particular are regulated quite early and increasingly perfected, there are still details (signs) that are not really clear, while the guiding document of the competent authority guiding this situation has been issued for too long, has not been updated to suit the current situation, and has no legal values to guide the application of the provisions of the current Penal Code, leading to different interpretations and applications in trial practice On the other hand, the principles in deciding punishments for offenders of property robbery in the form of organized crime in particular and organized crime in general with each specific role, in addition to the person who is mastermind, headmost, and commander, have not been specifically regulated by the criminal law, making the decision on punishment for offenders in some cases "influenced" by the feelings of the person applying the criminal law Besides that, the current reality shows that the case of robbery of property of a criminal organization and the case of robbery of property in the form of organized crime are dangerous, and the level of danger to society is different However, these two cases have not yet been regulated by the current Penal Code and most of them are applied together with the aggravating circumstances that frame "organized crime" in specific crimes in general and property robbery in particular This makes the deterrence, fairness, division of penal liability and individualization of punishment, humanity of the criminal law for each criminal act when applying the punishment which has not been guaranteed in practice From the above general analysis, it can be seen that, in order to solve the problem of crime, not only strengthening preventive measures (in the narrow sense of the word) be strengthened, but also it is necessary to enhance the quality and effectiveness of crime preventing which mean that dealing with crimes that have occurred belongs to the criminal law That great role of criminal law, depends not only on criminal policy, including criminal law policy, but also on the quality of criminal legal norms - the method to show the criminal law, the quality of the application of criminal legal norms in practice and the degree of completion of them in order to meet the requirements of anti-crime in the specific conditions and circumstances of the country From the perspective of anti-crime in the new conditions and circumstances of the country, criminal law should be further studied in all aspects of theory, practice and development trends In other words, reseaching systematically, solving newly posed theoretical problems, analyzing and evaluating the provisions of the current criminal law and practically applying of regulations to the crime of robbery assets in the form of organized crime to provide solutions to further improve the law and solve problems of practical application of law in the field of criminal justice is the current requirement It should be further noted that, in the many years since the revision of the Penal Code in 2009, there has not been a doctoral thesis studying this issue Therefore, through the study of the current legal provisions in association with the analysis of the reality of the struggle to prevent the crime of robbery in the form of organized crime in a typical locality such as Ho Chi Minh City to propose solutions to improve the quality of applying the provisions of the criminal law on the crime of property robbery in the form of organized crime in the aforementioned area in particular as well as on the whole country in general in the current situation is a necessary requirement That is also the reason for the PhD student to choose the topic " The crime of robbery in the form of organized crime according to the criminal law of Vietnam from the practice of Ho Chi Minh City " to study for a doctoral thesis The aims and missions of the study 2.1 The research objectives The purpose of this thesis is clarifying theoretically, the legal status and practical application of criminal law on the crime of property robbery in the form of organized crime in Ho Chi Minh City to propose solutions to improve the quality of application of criminal law provisions on the crime of property robbery in the form of organized crime 2.2 The research duties To achieve the above research aims, the thesis focuses on performing the main missions: Analyze and evaluate the overview of research situation in the country and abroad related to the thesis topic to draw out the issues that need to be researched in the thesis Analyze the theoretical issues of property robbery in the form of organized crime Analyze and have the comparations between the provisions of the criminal law of Vietnam on the crime of property robbery in the form of organized crime and the provisions of the criminal law of some foreign countries on this crime to see progress that needs to be acquired and learned Research and analyze the current situation of applying criminal law on property robbery in the form of organized crime in Ho Chi Minh City, thereby, evaluate achievements, draw out limitations, problems access and identify the causes of those limitations and inadequacies Based on theoretical and practical research results and requirements to improve the quality of application of criminal law provisions on property robbery in the form of organized crime, the thesis proposes a number of measures to improve the quality of application of the criminal law provisions on the above crimes Objectives and Range of the study 3.1 Objectives of the study The subject of the thesis is the crime of property robbery in the form of organized crime according to the provisions of the criminal law of Vietnam This thesis takes the scientific views raised in criminal law science on crime, accomplices, organized crime, property robbery, and property robbery in the form of organized crime; the provisions of the criminal law of Vietnam as well as of some countries in the world on the crime of property robbery in the form of organized crime; and practice applying the provisions of the criminal law mentioned above in Ho Chi Minh City to study the issues under the research content of the thesis 3.2 Range of the Study Regarding the range of research specialization: The thesis topic is researched from the perspective of criminal law and criminal procedure Regarding the range of practice: The thesis studies the provisions of Vietnam's criminal law on property robbery in general and property robbery in the form of organized crime in particular The thesis also looks at how property theft in the form of organized crime is treated by the law in some countries around the world In the practical application of criminal law provisions The application of the criminal law provisions to the crime of property robbery in the form of organized crime is carried out by many different entities such as criminal procedure-conducting agencies, criminal procedure-conducting persons, and many different contents such as defining crimes, exempting criminal liability, deciding penalties, exempting penalties, reducing declared penalties, etc However, the thesis only focuses on studying the applied subjects, which are the court and the judge (the trial panel), who are the people conducting the criminal procedure and the two main contents of the application of criminal law are determining the crime and deciding the punishment for the person who commits robbery property in the form of organized crime Range of time and space: The trial data, which are typical cases for the study of the topic, were collected by the thesis during the period from 2011 to the end of 2021 The trial data, typical cases for the study of the topic, were collected by the thesis in Ho Chi Minh City Methodology and research methods of the study 4.1 Methodology The thesis topic is based on Marxism-Leninism's dialectical materialism and historical materialism; Ho Chi Minh Thought; the Communist Party of Vietnam's viewpoints and guidelines; and the State of the Socialist Republic of Vietnam's criminal policy on crime, punishment, prevention, and fight against crime 4.2 Research methods of the study The thesis topic is also researched on the basis of using a combination of specific research methods: analytical and synthesis methods, statistical methods, methods of combining theory with practice, comparative method, case study method The study's new scientific contributions First, the study has built the concept of property robbery in the form of organized crime with its characteristic signs Second, the study analyzed and clarified the content of the provisions of the criminal law of Vietnam on the crime of property robbery in the form of organized crime Third, the study analyzed and clarified the practical application of the criminal law to the crime of property robbery in the form of organized crime in Ho Chi Minh City in the period from 2011 to 2020 On the basis of analysis and evaluation, the results obtained in the determination of crime and in the decision on punishment for this offender have been proven by a number of specific cases, and at the same time pointed out the obstacles and limitations, violations, mistakes, and causes of such obstacles, limitations, violations, and mistakes Fourth, the study has raised the requirements for improving the quality of applying the provisions of the criminal law to the crime of property robbery in the form of organized crime and proposes a number of solutions that contribute to improving the quality of application of the criminal law provisions on the crime of property robbery in the form of organized crime in Ho Chi Minh City in the near future Theoretical and Practical significance of the study 6.1 Theoretical significance The research results of the study have scientifically systematized and contributed to supplementing and perfecting the theory of property robbery, property robbery in the form of organized crime, accomplice, organized crime, thereby contributing to perfect the provisions of the criminal law on the crime of property robbery in the form of organized crime and the establishment of accomplices and organized crimes 6.2 Practical significance The research results of the study contribute to improve the quality of the criminal legal regulations on property robbery in general and property robbery in the form of organized crime and increase the quality detecting, prosecuting, investigating, prosecuting and adjudicating property robbery as well as property robbery in the form of organized crime in particular The research results of the study can also be used as a reference for the research, teaching and learning of criminal law at institutions with jurisprudence training in our country Structure of the study In addition to the introduction, conclusion, list of references, the content of the thesis is structured into four chapters as follows: Chapter 1: Overview of the research situation Chapter 2: Theoretical issues and criminal law on property robbery in the form of organized crime Chapter 3: Practical application of the provisions of the criminal law on property robbery in the form of organized crime in Ho Chi Minh City Chapter 4: Requirements and Measures to improve the quality of application of criminal law provisions on property robbery in the form of organized crime Chapter OVERVIEW OF THE RESEARCH SITUATION 1.1 Situation of research abroad related to the research topic Research projects on accomplices and organized crime There are numerous research works on accomplices and organized crime in the Russian Federation's field of criminal law science."Criminal Law Textbook," edited by Prof Dr Gausman L D., Prof Dr Kolodkin L.M., and Prof Dr Macximov C.B., was published in 1999 by Inphra Publishing House; "Course of Criminal Law, Section of Crimes," edited by Prof Dr Ignatop A N and Prof Dr Craxicop Y A., was published in 1998 by Teid Zesalo Publishing HouseThe book "Criminal Liability in Accomplices" by author P.Ph Tennv was published in 1974 by the Moscow Book Publishing House; "Textbook of Soviet Criminal Law, General Part" was published in 1988 by the Moscow State University Publishing House Besides, there is also a book: "Organized Trespassing" by Stijn Van Daele, lecturer at the University of Jealousy in Belgium, published in 2008 Research work related to the crime of robbery In the Russian Federation, since 1996, there have been a series of research works on criminal law, including provisions on robbery in general and robbery in the case of organized crime in particular For example: "Criminal Law Textbook" by Prof Dr Gausman L D., Prof Dr Kolodkin L M., and Prof Dr Macximov C B editor, published in 1999 at Inphra Publishing House; "Course of Criminal Law, Section of Crimes" by Prof Dr Ignatop A N and Prof Dr Craxicop Y A editor, published in 1998 at Dê-xa-lô Teid Publishing House; "Criminal Law Textbook" (2002) edited by Prof Dr Dr Borzenkop and Prof Dr Kanuixarop;" Scientific commentary on the Criminal Code of the Russian Federation" (1997) edited by Scuratov U I and Lebedev B M.); "Scientific commentary on the Penal Code of the Russian Federation" (2000) by Prof Dr Radchenko editor; "Scientific commentary on the Criminal Code of the Russian Federation" (2000) by Prof Dr Radchenko editor; "Scientific commentary on the Criminal Code of the Russian Federation" (2000) by Prof Dr Radchenko editor Research on crimes in general and property robbery in particular in the Penal Code of some other countries includes works such as: The book "Criminal Law" by French professor John Lacguyê, published in 1994; the book "Criminal Law" by Smith and Hogan, published in 2005; "Criminal Law" by Storey Tony and Lidbury Alan, published in 2007; Besides, there are a number of monographs studying abroad on robbery, notably: the book " Robbery Fact, Violent Crimes against Persons" by Chris E McGoey; the book "Criminal Investigation-A Method for Reconstructing the Past", published in 2013, by author Jamé W Osterburg; the book "A systematic comparison of robberies in Chicago, of robberies with and without injury leading to death in Chicago, of robbery in Chicago", published in 1986 by Franklin E Zimring and James Zueh; the article "The Crime of Robbery in South African Law, International Journal of Arts and Sciences," (translation: Robbery in South African Law), published in the 2010 International Journal of Arts and Sciences" by author Deidre Joubert) 1.2 The country's research situation in relation to the research topic As one of the crimes of infringing upon property with appropriation, property robbery and its forms of crime attract the research attention of jurists in our country As for property robbery in the form of organized crime, that is no exception Therefore, many research works on or related to robbery and robbery in the form of organized crime have been published, some of which can be mentioned here: 1.2.1 Research work related to accomplices, organized crime To study the crime of robbery in the form of organized crime, it is necessary to base it on the theory of accomplices and organized crime in general In March 1997, for the first time in Vietnam, the issue of organized crime was brought to the agenda of a scientific conference organized by the Journal of Social Order and Safety and chaired by Major General Le The Tiem At the conference, there were articles about organized crime, gangs, and criminal organizations The first monograph research work on organized crime was published in Vietnam by Prof Dr Ho Trong Ngu Published by the People's Public Security Publishing House in 2000, with the title "Organized Crime-History and Today's Issues," it mentioned the term "organized accomplice" for the first time Besides, some other works can also be mentioned, such as: the monograph "Comparative Criminal Law" by Assoc.Prof.Dr Ho Sy Son by National Political Publishing House-Truth, published in 2018; "Criminal Organization in Vietnam-Theoretical and practical issues" by Dr edited by Nguyen Van Hien, and published in 2016 by National Political Publishing HouseTruth In addition, there are a number of studies, such as: Thesis: "Accomplices in Vietnamese criminal law" by Dr Tran Quang Tiep at Hanoi Law University in 2000; "Organized Crime in Vietnam's Criminal Law and Preventing It" by Dr Nguyen Trung Thanh, working at the Institute for State and Legal Studies in 2002 Master's thesis with: "Forms of organized crime in the institution of accomplices under Vietnamese criminal law" by Nguyen Minh Duc; Master's thesis "Forms of organized crime in the institution of accomplices under Vietnamese criminal law" by Nguyen Thi Trang Lien, Faculty of LawHanoi National University in 2009; "Practizers in accomplices under Vietnamese criminal law" by Nguyen Thi Thu Hoa, performed at Hanoi National University in 2011; "Some theoretical and practical issues on deciding penalties in cases of organized crime under Vietnamese criminal law" by Phi Thanh Chung at Hanoi National University in 2010 The issue of accomplices and organized crime is also mentioned in a number of scientific articles and journals, such as: "Some theoretical and practical issues on organized crime and crime followed by an organization" by Dr Tran Quang Tiep, Journal of Procuracy, July 2003; "Regulation of accomplices in criminal law in some countries around the world" by Le Thi Son, Journal of the State and Law No 11/1997; "About the stages of performing accomplices" by Duong Van Tien, Jurisprudence No 3/1998; "Forms of accomplices" published in the Journal of the State and Law No 1/1986; " There is also a scientific research topic "Basic issues of law" on criminal law of some countries in the world by the Institute of Legal Sciences, Ministry of Justice in 2002 1.2.2 Research work on robbery crimes Robbery is a crime that has been prescribed since very early in the history of criminal law in Vietnam, so criminal law scientists have many research works on it, specifically: A collection of thesises At the doctoral thesis level, there are works such as: "Crimes of property infringement under Vietnamese criminal law from practice in Ho Chi Minh City" by Nguyen Van Thanh, defended at the Academy of Social Sciences in 2016; "Fighting against the Crime of Robbery in Hanoi" by Do Kim Tuyen, defended in 2001 at Hanoi Law University; and "Property infringement crimes with appropriation nature in Ho Chi Minh City: situation, causes and prevention solutions" by Doan Cong Vien, defended in 2018 at the Academy of Social Sciences Furthermore, a number of master theses investigate an aspect of the crime of robbery, such as: "Crime of robbery under Vietnamese criminal law from the practice of Quang Ngai province" by Pham Thi Ha Chau, defended in 2016 at the Academy of Social Sciences; "Determining crimes of property infringement with appropriation nature under the Criminal Code 1999" by Do Ngoc Loi, defended in 2011 at Ho Chi Minh City University of Law; and "Objective From the perspective of criminology within a specific province, such as the thesis "Strugggling to prevent and combat property robbery in Ho Chi Minh City" by Nguyen Duc Thao in 2016 at the Academy of Social Sciences; Master's thesis: "Preventing the Situation of Property Robbery in Ho Chi Minh City" by Tran Van Hieu in 2019 at the Academy of Social Sciences; "Improving the Efficiency of the Investigation of Property Robbery Cases using weapons committed by criminal gangs of the police force investigating crimes on the Ho Chi Minh City’s Security" by Nguyen Thanh Duong in 2008 at the People's Police Academy; and Ministry-level scientific project "Solutions to improve the effectiveness of the prevention of organized robbery in Ho Chi Minh City and neighboring provinces" by Dr Le Van Hoe in 2008 A collection of monographs, textbooks, and journal articles "Criminal Liability for Crimes of Property Infringement" (1991), Nguyen Duy Thuan, People's Public Security Publishing House; "The crimes of infringing upon property in the Criminal Code 1999 amended and supplemented in 2009" (2010), Mai Bo, National Political Publishing House; "Determining crimes for property infringement: The 1999 Penal Code was amended and supplemented in 2009" (2013) "Comparative Criminal Law" (2018), Assoc.Prof.Dr Ho Sy Son, National Political Publishing House-Truth; "Scientific commentary on the Criminal Code 2015 (amended and supplemented in 2017) section on crimes" (2017), Tran Van Luyen (editor), People's Public Security Publishing House; "Scientific commentary on the current Penal Code (amended and supplemented in 2017)" Nguyen Duc Mai (editor), National Political Publishing House-Truth; "Scientific commentary on the Criminal Code 2015 as amended in 2017 (section of crimes)" (2017), Prof Dr Nguyen Ngoc Hoa (editor), Judicial Publishing House in 2017; "Scientific commentary on the Criminal Code 2015 (amended and supplemented in 2017")" "Scientific commentary on the 2015 Penal Code, amended and supplemented in 2017" (2020), Labor Publishing House, Le Quang Thanh; In addition, there are criminal law textbooks in bachelor of law and master of law training programs, such as: "Vietnam's Criminal Law-Crimes Section" (2014), Prof Dr Vo Khanh Vinh (editor), Social Science Publishing House; "Vietnam Criminal Law (Section of Crimes)" (2018), Hanoi Law University, People's Public Security Publishing House; "Vietnam's Criminal Law (Part of Crimes-Volume 1)" (2015), Ho Chi Minh City Law University, Hong Duc Publishing House-Vietnam Law Association; " The theory and practice related to the crime of property robbery were also mentioned by some authors in a number of specialized journals with articles such as: "Constraints in determining crime and framing punishment for a criminal" number of crimes against property" by Pham Minh Tuyen, Procuracy Journal No 23/2020; "On the crime of robbery: One law, many different interpretations" by Vietnam Law Newspaper, Chapter PROPERTY ROBBERY IN THE FORM OF ORGANIZED CRIME: THEORETICAL ISSUES AND CRIMINAL LAW 2.1 Theoretical Issues of Property Robbery in the Form of Organized Crime The concept and characteristics of the crime of robbery On the basis of inheriting reasonable factors from the scientific viewpoints and provisions of the current Penal Code on crime and on property robbery, the concept of robbery can be introduced as follows: A crime of robbery is an act of robbery committed by using force or threatening to use force immediately or committing other acts to make the attacked person fall into an irresistible situation in order to appropriate another person's property by a person having criminal liability capacity and sufficient age subject to penal liability for intentionally infringing upon personal relations and property ownership Property robbery has its own characteristics, distinguishing it from other crimes Firstly, property robbery is a dangerous act for society This act causes damage or threatens to cause significant damage to social relations protected by criminal law; in particular, it simultaneously infringes upon the relationship of property ownership and personal relationships, which are two important factors of the social system and are specially protected by criminal law; second, because the subject has criminal liability capacity; third, the subject performs the act with direct intentional error (intentional about both the act and the consequences) The offender's subjective perception comes from the purpose of appropriating other people's property; Fourth, the crime of property robbery is a criminal act contrary to the criminal law; an act specified in the Penal Code is a crime; and because property robbery is considered a crime, the subject who commits the act of robbing property must be punished 2.1.2 The definition and characteristics of organized crime In criminal law science, many concepts of organized crime are introduced, such as those of author Le Huu The, of Prof Dr Vo Khanh Vinh, et al In addition to stating the general view that organized crime is a form of accomplice, this concept also emphasizes that this is a form of accomplice with prior conspiracy However, theoretically, organized crime is a form of conspiracy with prior knowledge of conspiracy but at a high level Since the Penal Code in 1985, the concept of organized crime has been regulated and has not changed much through the amendments and supplements to the Penal Code "Organized crime is a type of accomplice that involves close collaboration among people who commit crimes together."Organized crime also has the most basic commonalities, both having the common characteristics of the institution of accomplices and the specific characteristics of a particular form of accomplice Organized crime is a form of accompaniment, carried out by two or more people with consultation and unification of the will of the participants This close association is the most important feature that shows the higher nature and danger of organized crime, and it also determines the qualitative difference between organized crime and other forms of accomplices It shows both the characteristics of the 11 subjective sign and the characteristics of the objective sign The level of close collusion is the basis for distinguishing between organized crime cases and other forms of accomplices According to the guidance of the competent authority, "close collusion" in organized crime can be expressed in specific forms as guided in Resolution No 02HDTP/NQ dated 16/11/88 In the Penal Code, the phrase "organized crime" is used with the meaning of an aggravating circumstance of penal liability, a circumstance that determines the penalty frame of a specific crime, or a determining factor in a number of crimes to commit an act with the meaning of committing a crime in an organized manner Organized crime requires consistent planning There is a conscious connection between people who commit crimes together when discussing and agreeing on plans and assigning roles to carry out the crime On that basis, each person involved in the commission of a crime seeks to support other accomplices and tries to carry out his or her activities in order to achieve the overall crime result This forms a relationship and a unity in their actions The degree of close collusion is a basis for distinguishing between organized crime and other forms of accomplices Distinguish organized crime from crime, followed by organization, and organized crime from the organization of crime The concept and characteristics of property robbery in the form of organized crime The crime of property Robbery in the form of an organized crime is understood as the crime of robbery in the form of an organized crime, which is the act of using force or threatening to immediately use force or other acts committed by many people who have criminal capacity and are old enough to be criminally responsible They all closely collaborate with each other to it intentionally in order to appropriate other people's property With the nature of being an aggravating case of property robbery, the crime of property robbery in the form of an organized crime has the characteristics of both the crime of property robbery and an organized crime case In which: many people commit the crime of robbery (organizer, practitioner, instigator, helper); the participants all intentionally commit the crime; property robbery in the form of organized crime is a highly dangerous form of accomplice for society The close collusion when carrying out the crime of property robbery in the form of organized crime manifests itself in the following forms: first, the accomplices of property robbery have joined a gang of property robbers; second, the robbery accomplices have committed the crime of robbery together several times, according to a pre-agreed plan; thirdly, the accomplices of property robbery only commit the crime of robbery once, but organize the implementation according to the plan that was discussed and agreed upon carefully, thoughtfully, and prepared means; sometimes even preparing a plan to hide the crime Due to its high danger to society, 12 "organized crime" is specified as one of the 133 specific crimes, including property robbery 2.2 Regulations of Vietnam's criminal law on property robbery in the form of organized crime 2.2.1 Provisions of the criminal law of Vietnam on the crime of property robbery in the form of organized crime before 1945 The legal regulations of the Vietnamese feudal dynasties always focused on protecting the interests of the ruling class In this period, the general rules of conduct were only expressed through edicts and decrees of the King but were not codified into systematic legal documents Since the Ly and Tran dynasties, criminal law has been focused, but due to the influence of many factors, especially due to time and war, these penal codes have been lost In some research works of the ancients still preserved, "in general, the legislators of this time have not yet developed the concept of accomplice Robbery in the form of organized crime is still common in this period from the standpoint of crime in general, but there is no specific regulation on this crime.During the Le dynasty, there were laws such as "Quoc Trieu Criminal Law" with separate regulations on crimes in the criminal field, including the crime of robbery in the chapter "Thieves" King Gia Long's Law (also known as Gia Long Law) was built and completed under the reign of King Gia Long of the Nguyen Dynasty This Act is built on the basis of inheriting the provisions of the most famous code in history-the "Quoc Trieu Hinh Luat" Robbery is specified in the Penal Code section of Book No.12 along with many other acts of appropriation of property There are regulations on professional and organized looting During the colonial period, the French colonialists applied harsh laws, mainly to suppress patriotic movements and individuals, and social relations were adjusted by both the old decrees of the feudal dynasty and new regulations promulgated by the colonial regime The terms "organized crime" and "organized robbery" have not been mentioned 2.2.2 Provisions of the criminal law of Vietnam on the crime of property robbery in the form of organized crime from 1945 to before the promulgation of the Penal Code in 1985 The August Revolution was successful; a fledgling government was established Our State has issued a series of legal documents creating a legal basis for the suppression of crime by decree in many fields In particular, the above documents, which all refer to the provisions for the crime of robbery, show the prevalence of this type of crime in that historical period In the process of fighting against property robbery, it is very necessary to guide the application of punishment in a strict and uniform manner on a national scale for punishment, deterrence, and education Therefore, on January 19th, 1955, the government issued Circular No 442/TTg on the punishment of a number of crimes, including the crime of robbery It regulates: "Road robbery or organized theft, which uses violence and 13 weapons to intimidate, shall be sentenced to between and 10 years of imprisonment "Killing for robbery can be punished with the death sentence." During the period of building socialism in the North, the state paid great attention to the punishment of property-infringing crimes in general and property robbery in particular The ownership regime for property at that time was divided into state ownership and citizens' ownership, so regulations on property infringement crimes in general and property robbery in particular were also specified in two documents They are the Ordinance on the Punishment of Crimes against Socialist Property No 149-LCT dated October 21st, 1970 and the Ordinance on the Punishment of Crimes against the Private Property of Citizens No 150-LCT dated October 21st, 1970 2.2.3 Regulations on property robbery in the form of organized crime in the Criminal Code 1985 The ownership regime of Vietnam at this time is still divided into state ownership and citizen ownership Therefore, the crime of robbery is also divided into the crime of robbing social property and the crime of robbing citizens' property However, regardless of whose property the object is, the crime of property robbery also has three objective acts: using force, threatening to use force immediately, and other acts that put the victim in a state of being unable to resist All three of these acts are associated with the purpose of obtaining property, and the hallmarks of an "organized" crime frame are also provided for in both laws, combined with the sign " having a professional nature" 2.2.4 Regulations on property robbery in the form of organized crime in the Criminal Code 1999 On December 22nd, 1999, the National Assembly approved the 1999 Penal Code With the view that there is no longer a distinction between socialist ownership and citizen ownership, the crime of property robbery is specified only in Article 133 with more concrete regulations and punishment The legislator also stipulates many more details that are factors that determine the penalty frame, concretize the quantification of the value of the appropriated property, and divide it into several levels New regulations, which are complementing, may be applied to this crime and continue to prescribe an aggravating circumstance that defines an "organized" crime but is an independent framing aggravation The concept of organized crime in general also continues to be inherited in a separate law in the general part of the Penal Code in the general law on accomplices Accordingly, organized crime is a form of accomplice with close collusion between people who commit crimes 2.2.5 Provisions of the Criminal Code of 2015 amended and supplemented in 2017 on the crime of property robbery in the form of organized crime Legal signs of property robbery in the form of organized crime The crime of property robbery in the form of an organized crime is a criminal case belonging to the aggravating circumstances of the crime of property robbery First of all, the signs of the basic criminal composition of the crime of robbery must be satisfied 14 The crime of property robbery is understood as a system of signs specific to the object, objective, subject, and subjective aspects of the crime The following things make up the crime of property theft in general and the crime of property theft in the form of organized crime in particular: First, consider the object.The crime of property robbery in the form of an organized crime when it is committed at the same time infringes upon two objects, namely the relationship of ownership and the relationship of personality However, the main object here is the ownership relationship because the main and ultimate purpose of this crime is to appropriate property, which means infringe on the property relationship This is the reason for this crime being classified in the chapter of property trespasses By breaking the personal relationship, the subject has done what he or she set out to do, which was to break the property relationship Second, the objective side The objective part of property robbery as a form of organized crime is "represented by the objective behavior of the crime, which is the act that is meant to make the property owner or manager lose the ability to resist."The criminal act of property robbery in the form of an organized crime can be committed in three forms: using force, threatening to use force immediately, or other acts that make the person attacked unable to resist The crime of property robbery in the form of an organized crime is considered completed when the offender has one of the three objective acts mentioned above for the purpose of appropriating property, regardless of whether the offender has appropriated the property or not Whether or not the real victim is made helpless won't change the fact that this crime was committed Consequences of crime with property robbery in the form of organized crime are not mandatory signs of criminality The consequences of this crime can be property damage but also damage to life, health, bodily freedom, et cetera Besides, in specific cases, there are other factors Other objective aspects of the crime of property robbery in the form of organized crime are significant in determining punishments, such as: the cause-and-effect relationship between the offense and the consequences of the crime; time; crime locations; vehicles; tools of crime; Third, consider the subject.The subject of property robbery in the form of organized crime is a person who has committed the act of robbery, has criminal liability capacity, and has reached the legal age Because of the characteristics of the behavior, fault, and motives for the crime, commercial legal entities cannot be the subject of property robbery in the form of organized crime Fourth, the subjective side The subjective side of the crime of property robbery in the form of organized crime includes many different elements, among which the mandatory sign is that the person who commits a socially dangerous act must be at fault, and two other signs are not compelled to be the motive for the crime and the purpose of the crime The offender's fault is a direct intentional fault The offender knows that their act causes damage or threatens to cause damage to the life and health of others, and they 15 know that the property that they want to appropriate is others' property but still usurps and turns that property into their own The offender wishes his behavior to crush or paralyze the resistance of the attacked person so that the purpose of appropriating property can be realized The offender not only intentionally commits a crime but also has the purpose of appropriating property to constitute the crime of property robbery Before the offender does one of the objective acts listed in the crime, he or she must have a sense of appropriation Penalties for people who commit property robbery in the form of organized crime The main penalty for property robbery in the form of organized crime is a prison term ranging from to 15 years, as specified in Clause 2, Article 168 of the Penal Code.People who prepare to commit the crime of robbery may be subject to a prison term of between and years For additional penalties, besides the main penalty, offenders of property robbery in the form of organized crime may also be subject to additional penalties such as: a fine of between 10 million VND and 100 million VND; probation or residence ban from to years; confiscation of part or all of the property 2.3 Regulations of the Penal Code of some other countries in the world on the crime of property robbery in the form of organized crime Regulations of the Criminal Code of the Russian Federation There are many similarities with the provisions of the Penal Code of Vietnam The Criminal Code of the Russian Federation stipulates the crime of property robbery and the organized element in this crime According to the provisions of the Criminal Code of the Russian Federation, the offense of property robbery in general and organized robbery in particular include only two acts: an assault accompanied by the use of force or the threat to use force (less than an act is "another act that makes the attacked person fall into a state of being unable to resist" compared to Article 168 of the Vietnamese Penal Code) The Regulations on organized robbery in the Penal Code of the Russian Federation stipulate in two cases: robbery of property by a group of people who have discussed it in advance shall be punished by imprisonment of to 10 years and may be accompanied by a fine of up to 10 years A robbery committed by an organized group is punishable by imprisonment ranging from eight to fifteen years, a fine of up to one million rubles, or up to five years of the convicted person's salary or other income, and a two-year restriction of liberty (Clause 2, Article 162).The distinction between the subjects who commit the organized crime of robbery, thereby determining the appropriate level of punishment for each offense, is appropriate, which should be learned and learned when developing this regulation in Vietnam 2.3.2 Provisions of the Criminal Code of the People's Republic of China Article 263 of the Penal Code of the People's Republic of China currently stipulates that the crime of property robbery includes the use of force, coercion, or other tricks Regulations on coercive behavior and other tricks are general in nature and not 16 describe specific acts Penalties for offenses in these cases can be up to life sentences or the death penalty The provisions of the Chinese Penal Code on the crime of property robbery are based only on the location of the act, the victim, the consequences, the tools, the means, and the property, but not on the organized crime form But Articles 25 and 26 of the Chinese Penal Code have general provisions on the concept of accomplice, the principle of determining punishment for each role in committing a crime in accomplice, the concept of a criminal group, and the criminal liability of the organizers and perpetrators of a group of criminals, but in specific crimes such as robbery, there is no regulation on this crime 2.3.3 Regulations of the Criminal Code of the Federal Republic of Germany The crime of robbery is defined in the Criminal Code of the Federal Republic of Germany in Chapter twenty: Robbery and rape have many laws The crime of robbery under this law includes only two acts: using force and threatening to use force This provision is different from the provisions of the Vietnam Penal Code, which deals with the crime of property robbery with types of acts In addition, the Penal Code of the Federal Republic of Germany also regulates theft with the character of robbery and the transformation from the crime of expropriation to the crime of robbery through the use of violence or the threat of violence The crime of robbery in the form of an organized crime under the provisions of the Penal Code of the Federal Republic of Germany only covers the case where the crime is committed by a gang that is linked together The Criminal Code of the Federal Republic of Germany also does not have a general law on organized crime, but this case is only specified in each specific crime, such as robbery and some other crimes The offense of robbery in the case of organized crime is classified as serious robbery, with a penalty of between and 15 years of imprisonment 2.3.4 Regulations of the Criminal Code of the Swiss Republic Article 140 of the Criminal Code of the Swiss Republic provides for the crime of robbery Another case is also considered a crime of robbery; that is, if the person who has stolen the property uses force to keep the stolen property Thus, the scope of acts that are considered robbery as stipulated in the Criminal Code of the Swiss Republic also only includes acts of using force or threatening to use force without provisions on "other acts" like the provisions of the Penal Code of Vietnam However, there is a similarity to the case of the transition from property theft to property robbery "Organized" is also defined by Swiss legislators as a framing circumstance aggravating criminal liability in the crime of robbery, but there is no regulation on what is organized The penalty for this offense is a minimum of two years of imprisonment Sub-conclusion of Chapter Chapter THE PROVISIONS OF THE CRIMINAL LAW ON PROPERTY ROBBERY IN THE FORM OF ORGANIZED CRIME IN HO CHI MINH CITY 17 3.1 Overview of the crime of robbery in the form of organized crime occurring in Ho Chi Minh City from 2011 to 2021 3.1.1 Overview of socio-economic issues in Ho Chi Minh City that have a great influence on the situation of property robbery in the form of organized crime The geographical location of Ho Chi Minh City is a strength, contributing to the expansion of domestic and international exchanges and helping the city's economy quickly integrate into regional and world markets Besides, the city is also home to the largest concentration of industrial parks and export processing zones in the whole country This is the place of the most dynamic economic activity in the country in terms of economic growth The annual population of the city increases rapidly due to natural and artificial immigration from other provinces as well as from abroad The large population also leads to the complexity of security and order The security and order situation in the city is always complicated, generating many social evils as well as crimes The crimes of property infringement in general, the crimes of property robbery in particular, and property robbery in the form of organized crime in particular, have had complicated developments in recent years 3.1.2 Overview of the trial of property robberies in the form of organized crimes in Ho Chi Minh City from 2011 to 2021 The situation of robbery in general and robbery in the form of organized crime in particular in Ho Chi Minh City in the past 11 years from 2011 to 2021 has been relatively complicated The number of cases as well as the number of defendants tried for robbery in Ho Chi Minh City in the past 11 years is relatively large (table 3.1 – Appendix) The cases of property robbery tried in Ho Chi Minh City in the past 11 years have increased and decreased unevenly and continuously over the years, but in general have tended to decrease (table 3.2 – appendix) From 2011 to 2021, the average number of defendants in a robbery was at least two people (see table 3.3 – appendix) The crime of robbery in the city is often not committed alone, but most of them are accomplices, having two or more people participating in a robbery The number of cases and the number of defendants tried for the crime of property robbery with circumstances defining the framework of organized crime by the People's Court of Ho Chi Minh City over the years from 2011 to 2021 are relatively large (table 3.4 – appendix) The number of cases and the number of defendants being tried for robbery in the form of organized crime in the city has increased and decreased unevenly over the years, but the general trend is a decrease (Appendix Table 3.5)The number of cases and the number of defendants convicted of property robbery in the form of organized crime brought to trial over the years from 2011 to 2021 account for a relatively high proportion of the number of cases and the number of robbery defendants in general (table 3.6 – appendix) Although in the past 11 years, this rate has increased and decreased unevenly, it 18 ... Publishing House; "Vietnam''s Criminal Law (Part of Crimes-Volume 1)" (2015), Ho Chi Minh City Law University, Hong Duc Publishing House-Vietnam Law Association; " The theory and practice related... should be further studied in all aspects of theory, practice and development trends In other words, reseaching systematically, solving newly posed theoretical problems, analyzing and evaluating... of Vietnam from the practice of Ho Chi Minh City " to study for a doctoral thesis The aims and missions of the study 2.1 The research objectives The purpose of this thesis is clarifying theoretically,