Tt ta trách nhiệm hình sự của người dưới 18 tuổi phạm tội dưới góc Độ so sánh luật

For the above reasons, the author of the thesis chose the topic “Criminal liability of persons under 18 years old committing crimes from a comparative legal perspective” to carry out the

INTRODUCTION

1 The urgency of the thesis

Since its establishment, our Party has always paid attention to

the young generation Regarding the issue of handling persons under 18 years old committing crimes, the consistent viewpoint of the Party and the State is: “Reduce prison sentences, expand the application of fines, and non-custodial reform for some types of crimes” This is also a requirement,

requiring us to continue to research and improve the provisions

of the Criminal Code Meanwhile, according to statistics from the Supreme People's Court, the practice of applying criminal liability to persons under 18 years old committing crimes shows a huge difference between the rate of people under 18 committing crimes and the application of judicial measures, between prison sentences and three non-deprivation of liberty penalties for persons under 18 years old committing crimes This situation requires the improvement of the legal system, the improvement of the provisions of the Criminal Code on the criminal liability of persons under 18 years old committing crimes in order to comprehensively institutionalize the viewpoints, policies and guidelines of the Party in ensuring the best interests of persons under 18 years old committing crimes

For the above reasons, the author of the thesis chose the topic

“Criminal liability of persons under 18 years old committing crimes from a comparative legal perspective” to carry out the doctoral thesis with the desire to build a basic theoretical system on the criminal liability of persons under 18 years old committing crimes and learn good experiences from Germany, Canada, Singapore and China in order to propose convincing and feasible directions for improving the provisions of the Vietnamese Criminal Code on the criminal liability of persons under 18 years old committing crimes

2 Purpose and research tasks of the thesis

Purpose: to build a basic theoretical system on criminal liability of persons under 18 years old committing crimes and propose directions for perfecting the provisions of the Vietnamese Criminal Code on criminal liability of persons under 18 years old committing crimes Tasks: 1) To build a basic theoretical system on criminal liability of persons under

18 years of age who commit crimes including definition, characteristics, nature, content, scope, form and bases for regulating criminal liability of persons under 18 years of age who commit crimes; 2) To compare the provisions on criminal liability of persons under 18 years old committing crimes in the criminal laws of Vietnam, Germany, Canada, China and

Singapore; 3) To deeply explain the requirements and directions for perfecting the provisions of the Vietnamese Criminal Code on criminal liability of persons under 18 years old committing crimes

3 Subjects and scope of the thesis

Research subjects: theories on criminal liability of persons under 18 years old committing crimes; provisions of international law and criminal law of Vietnam, Germany, Canada, China and Singapore on criminal liability of persons under 18 years old committing crimes

Regarding the scope: provisions on criminal liability of persons under 18 years old committing crimes in international law and current laws of Vietnam, Germany, Canada, China and Singapore

4 Methodology and research methods of the thesis

The thesis is based on the dialectics of Marxism The main research methods used in the thesis include:

Chapter 1: Method of analysis and method of synthesis; Chapter 2: Method of analysis, method of comparative law,

method of multidisciplinary research, method of logical

information processing, method of synthesis; Chapter 3:

Analytical methods, logical information processing methods, synthesis methods

5 Structure of the thesis

In addition to the Introduction and overview of the thesis, the content of the thesis is structured as follows:

Chapter 1: Theoretical issues on criminal liability of persons

under 18 years old committing crimes

Chapter 2: Criminal liability of persons under 18 years old

committing crimes in the criminal laws of Vietnam, Germany, Canada, China and Singapore

Chapter 3: Requirements and solutions to improve the

provisions on criminal liability of persons under 18 years old committing crimes in the Vietnamese Criminal Code

OVERVIEW OF THE RESEARCH SITUATION

1.1 Inherited thesis issues

First: A system of different viewpoints on theoretical issues on

criminal liability and some theoretical issues on criminal liability of persons under 18 years old committing crimes, including: definition, characteristics, nature, content, scope, and form of criminal liability; handling philosophies, theoretical issues on criminal policy, and interpretations of international standards for persons under 18 years old

committing crimes Second: Analysis and evaluation of

regulations on criminal liability of persons under 18 years old

committing crimes in the laws of Vietnam, Germany, Canada,

China, and Singapore Third: Some interpretations on the

requirements for improvement and proposals for improvement

of regulations of the Vietnamese Criminal Code on criminal liability of persons under 18 years old committing crimes

1.2 Issues that the thesis continues to study

First: The basic theoretical system on criminal liability of

persons under 18 years old committing crimes includes the definition, characteristics, nature, content, scope, and form of criminal liability; the bases for regulating criminal liability of persons under 18 years old committing crimes in the laws of

countries Second: Compare the provisions of criminal law of

Vietnam, Germany, Canada, China, and Singapore on criminal liability of persons under 18 years old committing crimes, explain the causes of similarities and differences, and evaluate the reasonableness and applicability in Vietnam of those

differences; Third: Analyze specific requirements and indicate

directions for perfecting the provisions of the Vietnamese Criminal Code on criminal liability of persons under 18 years old committing crimes

CHAPTER 1 THEORETICAL ISSUES ON CRIMINAL

RESPONSIBILITY OF PERSONS UNDER 18 YEARS

OF AGE WHO COMMIT CRIMES

1.1 Concept of criminal liability of persons under 18 years

of age committing crimes

Definition: Criminal liability of persons under 18 years of age

committing crimes is a special case of criminal liability, which

is the adverse legal consequences that persons under 18 years

of age must bear before the state due to the commission of crimes through which education and reformation are not aimed at punishing persons under 18 years of age committing crimes

In the correlation between criminal liability and criminal liability of persons under 18 years of age committing crimes,

in essence, criminal liability of persons under 18 years of age who commit crimes is a special case of criminal liability in general because persons under 18 years of age are still young,

so their cognitive and behavioral control abilities are not yet as complete as those of adults Therefore, crimes committed by persons under 18 years of age have a lower level of fault than crimes committed by adults Therefore, it can be affirmed that the application of criminal liability to persons under 18 years

of age who commit crimes has a lower punitive meaning and

a higher educational meaning

The nature of criminal liability for persons under 18 years of age who commit crimes is the condemnation of the state against persons under 18 years of age who commit crimes; the content of criminal liability of persons under 18 years of age who commit crimes is the rights and obligations of the state (the party imposing criminal liability) and the corresponding obligations and rights of persons under 18 years of age who commit crimes (the party subject to criminal liability); The scope of criminal liability for persons under 18 years of age who commit crimes begins from the time the person under 18 years of age commits the crime and ends when the person under 18 years of age who commits the crime completes the sentence or judicial measure, has his/her criminal record erased, is exempted from criminal liability or punishment, is pardoned or amnestied, the statute of limitations for criminal prosecution expires, the statute of limitations for execution of the sentence expires

1.2 Forms of criminal liability for persons under 18 years

of age who commit crimes

Forms of criminal liability for persons under 18 years of age

who commit crimes include: 1) Punishment: Punishment is the

most severe form of coercive responsibility; 2) Judicial measures: less severe than punishment, with the effect of supporting or replacing punishment; 3) Criminal record:

Criminal record is a trace of the offender's conviction

Basis for prescribing criminal liability for persons under

18 years of age committing crimes

The prescribing of criminal liability for persons under 18 years

of age who commit crimes in the criminal laws of countries is based on the philosophies of handling persons under 18 years

of age who commit crimes, the criminal policies of each country and international standards on justice for persons under 18 years of age

CHAPTER 2 CRIMINAL RESPONSIBILITY OF PERSONS UNDER

18 YEARS OF AGE WHO COMMIT CRIMES IN THE CRIMINAL LAW OF VIETNAM, GERMANY, CANADA, CHINA AND SINGAPORE

2.1 Punishment for persons under 18 years of age committing crimes

The results of the study on the penalty system for persons under 18 years of age committing crimes in Vietnam, Germany, Canada, China and Singapore show that the penalty

systems of these countries have many similarities but also many differences Similarities of the penal systems include: Similarities: 1) The countries studied (except Germany) all have differentiated penal systems for people under 18 who commit crimes, including property penalties, penalties of deprivation of liberty, and penalties that do not deprive of liberty; 2) All five countries studied do not apply the death penalty to people under 18 committing crimes; 3) All five countries studied apply imprisonment to people under 18 committing crimes; 4) Fines are applied in most of the countries studied; 5) Among the countries studied, two countries, Vietnam and China, have provisions for a type of punishment that restricts the freedom of convicted persons under 18 years of age for a certain period of time; 6) The lightest penalty in the penal system applies to people under 18 years of age who commit crimes under Vietnamese law and Canadian law is a penalty of public warning and condemnation for people under 18 years of age who commit crimes

Differences: 1) In the laws of Canada, China, and Singapore, there are specific penalties that have never appeared in the Vietnamese Criminal Code or the criminal laws of the remaining countries; 2) Only China and Singapore still maintain the provision of life imprisonment for people under

18 who commit crimes; 3) Among the above countries, the system of penalties for people under 18 committing crimes in German law is the least diverse and there is no differentiation

in the type of penalty Germany only prescribes one type of penalty applicable to people under 18 committing crimes, which is imprisonment; In contrast to Germany and completely different from the remaining countries such as Vietnam, China and Singapore Canadian criminal law prescribes a separate system of penalties for people under 18 committing crimes, which is different from the system of penalties in the Criminal Code

2.2 Judicial measures for under-18 offenders

Although the names are different, all countries stipulate that the measures are of a legal nature, which are judicial measures

in handling under-18 offenders Judicial measures applied to under-18 offenders in the five countries can be divided into four groups: 1) Educational measures; 2) Reprimand and warning measures; 3) Short-term or intermittent detention measures; 4) Economic measures Compared to the other countries, Vietnam stipulates the least diverse system of judicial measures applied to under-18 offenders, with only one measure being education at a reformatory school

2.3 Criminal records for under-18 offenders

Most countries (except Canada) stipulate a range within which under-18 offenders do not have a criminal record In cases where a person under 18 commits a crime with a criminal record, the provisions on the conditions for expungement of criminal records are similar across countries Among the five countries, Canada and Singapore provide longer expungement periods for under 18 offenders than the other countries

CHAPTER 3 REQUIREMENTS AND SOLUTIONS TO IMPROVE THE PROVISIONS OF THE VIETNAM CRIMINAL CODE ON CRIMINAL RESPONSIBILITY OF PERSONS UNDER 18 YEARS OF AGE COMMITTING

CRIMES

3.1 Requirements to improve the provisions of the Vietnam Criminal Code on criminal responsibility of persons under 18 years of age who commit crimes

3.1.1 Requirements related to our Party's policies and guidelines on criminal responsibility of people under 18 who commit crimes

Some basic contents of the Party's policies and guidelines on people under 18 who commit crimes are as follows: 1) The consistent viewpoint of our Party and State on handling people

under 18 who commit crimes is mainly to educate and help them correct their mistakes, develop healthily and become useful citizens for society; 2) Continue to build and perfect legal regulations on people under 18 who commit crimes Regularly summarize the practical implementation of laws on people under 18 to propose directions for amending and supplementing the Criminal Code and some related laws Research and promulgate laws on people under 18; 3) In addition to handling adult criminals, the Communist Party of Vietnam emphasizes the role of developing and educating adults so that they do not commit crimes or re-offend

3.1.2 Requirements related to the practical application of the law in the fight against crimes committed by people under 18 years old

During the 10-year period from 2015 to 2024, 34,355 defendants under 18 years old who committed crimes were brought to trial, of which 10 defendants were declared not guilty by the Court, accounting for 0.03%, 66 cases were declared exempt from criminal liability or punishment by the Court, accounting for 0.2%, 144 defendants were applied judicial measures, accounting for 0.42%, and the number of defendants who were mainly punished, accounting for 99.35% (33,676 defendants) People's Courts at all levels nationwide