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VIETNAM ACADEMY OF SOCIAL SCIENCE GRADUATE ACADEMY OF SOCIAL SCIENCE NGUYEN KHOA DIEM THE PREVENTION OF SNATCHING SITUATION IN HO CHI MINH CITY Major: Criminology and Crime prevention Code : 38 01 05 SUMMARY OF THE THESIS Hanoi - 2019 The study is completed at the graduate academy of social science Supervisor: Pro Dr TRINH VAN THANH Contradictor 1: Assoc Prof PhD.Tran Van Do Contradictor 2: Pro Dr Nguyen Ngoc Anh Contradictor 3: Pro Dr Bui Minh Thanh The dissertation is defended at the evaluation panel of doctoral thesis of the graduate academy of social science Time: The thesis is found in the following libraries: - Library of Vietnam Academy of Social Sciences - National Library of Vietnam INTRODUCTION Rationale In recent years, the situation of the criminal trespass in HCM city has been a complicated issue with an increasing trend The nature of crime types has shifted into serious crimes such as murder, snatching and crime of intentionally causing injury in which the crime of snatching makes up a greater portion and has younger ages among crimes Following the statistics of the People's Procuracies at different levels, the cases of snatching in HCM city from 2008 to 2017 which are judged are 9.555 cases with 13.714 defendants The cases of snatching in HCM city are ranked after the crime of property stealing among crimes of property appropriation and occupy the highest rate and the greatest number of defendants in South-east provinces Besides the cases of snatching reported by the state agencies, the great portion of snatching has not discovered and handled, which is considered to be the hidden part of this crime Thus, it can be concluded that the situation of snatching in HCM city has still been a complex issue which has become more and more dangerous, particularly, the groups of snatching with hoodlums, professional criminals, drug addicts and with the participants who have criminal records These criminals often carry out cases of snatching in thoughtless, audacious, blatant and daring manner in different corners and pivotal areas in a short time The snatching gives rise to serious consequences including not only assets but human beings as well and bewildered, worry and panic psychology More importantly, this issue makes the local people unbelieving in the state agencies and has negative effects on culture, morderness and friendliness which are built up by the communist party, authority and people of the city As a result, the municipal authority orders agencies, associations and social organizations to conduct serious, simultaneous and strong actions and preventive methods against this crime The directions and policies of the Party and State on crime prevention have been implemented and put into effect by a range of diverse contents and methods to provide the municipal people with a strong change of understanding and action about crime prevention in HCM city, particularly, the State agencies Thus, the prevention of the crime of snatching has achieved encouraging results in which the number of cases of snatching and law-breakers has been reducing year by year; many cases of snatching were discovered early to stop in time; investigation, prosecution and judgment have been dealt seriously with the right participants and crimes to maintain deterrent of the law Nevertheless, the prevention of snatching in HCM city still has contained some certain drawbacks and demerits, and has yet to corresponder to the set requires and duty of the city; the effect of snatching prevention has so far been less than expected; the essence and scale of the danger of snatching have not cut down This has bad effects on the situation of public security, economic development and culture of the city These shortcomings and limitations derive from different reasons as follows: - The analysis and evaluation of the situation of snatching are not accurate - The whole reasons, conditional roots and development of this crime have not been determined right - Some relevant units not have a comprehensive perception about their positions and roles in the prevention of this crime - The qualification and capability of the relevant units about the prevention of snatching have not reached the set inquiry -The mechanism of coorperation among forces has not transparent - The application of preventive methods has been sporadic and lacked integration From these reasons, one of the urgent requests set up currently is to need a study which sheds light on the principles on preventing the crime of snatching; thorough exploration, analysis and assessment about the situation of perception on snatching prevention; the situation of relationship between the agencies against snatching and the situation of application of preventive methods for snatching in HCM city It is the cogent evaluation on the prevention of snatching that points out strong points, limitations, shortcomings and the reasons for those limitations and shortcoming In addition, it identified accurate and holistic reasons, conditions and situations of this crime in the past time which can be considered to be the scientific background and theory for suggesting and proposing the measures in order to raise quality and effect of the prevention of snatching in HCM city in the upcoming time For the reasons mentioned above, the topic: “The prevention of the crime of snatching in HCM city” was chosen for the doctoral dissertation of law Aims and objectives of the study - Aims of the study Through the systematic and comprehensive approach to activities of the prevention of PR crime in HCM city from both theoretical and practical perspectives, this dissertation will make a minor contribution to completing the theory about this issue and proposing several measures to enhance the methods of effective prevention of snatching in HCM city - Objectives of the study In order to reach those aims, the dissertation needs to conduct the following objectives + To revise the previous studies related to the preventive activities of PR crime in Vietnam and other countries and to evaluate the scope of these studies in order to determine the gap which needs to illuminate in this dissertation + To analyze and clarify the theoretical issues on the prevention of snatching such as concepts, features and aims to prevent snatching; backgrounds, principles, measures and agencies on the prevention of snatching; the rapport between the situation of snatching and the prevention of snatching + To analyze and evaluate the situation of the prevention of snatching in HCM city from 2008 to 2017 and the situation of snatching as result and product of the preventive activities in order to draw the reasons and conditions of this crime + To predict the situation of snatching, the factors influencing the preventive measures and to propose some effective solutions for the prevention of snatching in HCM city in the upcoming time Object and scope of the study - Object of the study: The object of the study is the theoretical and practical issue on preventive operations against snatching in HCM city from 2008 to 2017 - Scope of the study The scope of the study is associated with the theoretical and practical issue on the preventive operations against snatching in the major of criminology and crime prevention Time: the data of the dissertation were taken from 2008 to 2017 Place: the dissertation is concerned with the preventive activities of PR crime at 24 districts in HCM city Methodology and research methods - Methodology of the study The dissertation adopts the methodology of dialectical materialism and historical materialism of the philosophy of Marxism and Leninism; Ho Chi Minh Ideology; the viewpoints and policies of the State and Party as well as the legal regulations on the preventive operations against snatching - Methods of the study The research methods were used in the dissertation including the method of systematization, statistics, summary, analysis, comparison, social investigation, research sample, practical exploration, discussion, seminar and asking experts’ ideas, collecting experience, multidisciplinary and interdisciplinary Contributions of the study The dissertation has the following scientific contributions First, in terms of theory, the contribution of this dissertation is to supplement, complete and illuminate concepts, features, legal backgrounds, aims, principles, objects and methods of the prevention of snatching Second, from a practical perspective, the dissertation evaluated and shedded light on the situation of perception, agents, collaboration and preventive methods against snatching made use of in HCM city from 2008 to 2017 by which the results of the prevention of snatching could be assessed Third, on the basis of the collected backgrounds from previous studies, the dissertation put forward to the comments and evaluation about advantages, shortcomings demerits of the prevention of snatching in HCM city Additionally, the dissertation determined the reasons and conditions of this crime in the past time Finally, the dissertation made a prediction about the situation of PR crime and the factors influencing the preventive operations and proposed and suggested some solutions to enhance the preventive methods against snatching in HCM city in upcoming time Significant of the study -Theoretical perspective: The dissertation makes a major contribution to establish and supplement the theory on activities of crime prevention in general, and PR crime in particular - Practical perspective The dissertation is the study which can be used and referred for activities of the prevention of snatching in HCM city and is the reference materials for doctoral students, students and officers who are associated with this crime prevention Organization of the study Besides the introduction, conclusion, reference and table of content, the dissertation has chapters Chapter 1: Literature review Chapter 2: Theoretical issues on the prevention of snatching Chapter 3: The real state of the prevention of snatching in HCM city Chapter 4: Measures to enhance the prevention of snatching in HCM city Chapter LITERATURE REVIEW 1.1 Review of the previous studies There have been a wide range of studies associated with crime prevention in general and the prevention of snatching in particular in Vietnam and in other countries 1.1.1 Previous studies in other countries The researcher summarized and analyzed studies about crime prevention in general, studies about the prevention of snatching on the basis of criminology 1.1.2 Previous studies in Vietnam The researcher reviewed a great number of studies related to the theoretic issues about crime prevention, the prevention of snatching and the situation of the prevention of PR crime in Vietnam 1.2 Overall evaluation of previous studies - From the issues about crime prevention, the researcher realizes that though each country has different economic situations, politics, culture and experience in crime prevention, the theoretical issues about crime prevention in different counties are similar - On the basis of the theoretical issues of previous studies, the researchers realized that foreign researchers have not paid much attention to the prevention of snatching, but the domestic researchers have paid much attention to the legal features and theories on investigations into the prevention of snatching of the people’s police - In terms of the studies related to the situation and measures of the prevention of PR crime, the researcher subdivided the previous studies into two categories and drew some conclusions as follows: The first category of studies: The typical studies are concerned with the proposal for measures to enhance the prevention of snatching on the basis of analysis and evaluation of the situation of c snatching rime in order to put forward to prediction and to propose solutions to raise the quality of snatching prevention The second category of studies: the studies are associated with the proposal for measures to enhance preventive activities against snatching of People’s police force Thus, through review of the previous studies, the researcher realized that several studies are related to the similar issues which were dealt with at different extents on basis of criminology and criminal investigation and the operations of People’s police force However, there have not been holistic studies on theory and practice of the prevention of snatching in HCM city from 2008 to 2017 from the perspective of criminology and crime prevention 1.3 Suggestions for further study in this dissertation First, to supplement and complete the theories of the prevention of snatching Second, to explore, evaluate and shed light on the situation of the prevention of snatching in HCM city from 2008 to 2017 Whereby, the achieved results of prevention, reasons and conditions of snatching need to be evaluated accurately; the shortcomings and demerits of snatching prevention in HCM city need to be determined Third, to put forward to the prediction of the situation of snatching and the factors influencing the prevention of this crime in the upcoming time and to assume a set of measures to enhance preventive operations against snatching in HCM city Summary of chapter 2.4 Mechanism of preventing snatching situation 2.4.1 Contents to of preventing snatching situation Activities to prevent the snatching situation in Ho Chi Minh City need to focus on the following contents: accurately researching, identifying and assessing the situation of snatching in Ho Chi Minh City; analyzing and clarifying the causes and conditions of snatching situation; formulating, proposing guidelines, plans and taking preventive measures to correct, limit and eliminate the causes and conditions of snatching situation 2.4.2 Subjects of preventing snatching situation The dissertation analyzes and specifies the subjects to prevent snatching situation in Ho Chi Minh City, including the party, the government at all levels of the city, the law enforcement offices, political, political – social, social – professional agencies and unions, organizations and the public in Ho Chi Minh City 2.4.3 Precautionary measures against snatching situation On the basis of the theory of criminology and practice of preventing snatching situation, the author has divided the preventive measures in Ho Chi Minh City into two following basic groups: general and professional ones Summary of Chapter 11 Chapter CURRENT PREVENTIVE ACTIVITIES OF SNATCHING SITUATION IN HO CHI MINH CITY 3.1 Current preventive activities of snatching situation in Ho Chi Minh city 3.1.1 Current awareness of snatching situation in Ho Chi Minh city In order to make a comprehensive and exact current awareness of the prevention of snatching situation in Ho Chi Minh City, it is necessary to analyze the implementation of legal documents, and leaders’ guideline materials on the fight against snatching situation in the city; leadership actions of the Party and Government at all levels; the preventive measures carried out by functional agencies and bureau offices; and the result of surveys on people’s awareness of the prevention of snatching situation… 3.1.2 Current situation of preventive subjects and their cooperative relations in preventing snatching situation in Ho Chi Minh City 3.1.2.1 Current situation of preventive subjects in preventing snatching situation in Ho Chi Minh City This section has studied the current organization of subjects in charge of preventing snatching situation in Ho Chi Minh City, focusing on the subjects such as judicial, justice agencies, social organizations and the public It also pointed out several shortcomings of the preventive organization 3.1.2.2 Current situation of the cooperative relations among functional subjects in preventing snatching situation in Ho Chi Minh City 12 The writer concentrated in analyzing the cooperative relations among the subjects in charge of preventing snatching situation in Ho Chi Minh City, especially the relationship among functional police forces, between the police force and justice agencies, between families – schools and local governments Then the author made an assessment of previous achievements and some drawback in the relations 3.1.3 Current implementation of measures in preventing snatching situation in Ho Chi Minh City 3.1.3.1 Current implementation of general measures The thesis focused on analyzing and assessing the process and results when applying preventive measures of social – economic; cultural – educational; management – organization; law propaganda and education; and homeland protection motivation Meanwhile, it clearly figured out some of shortcomings in applying the methods 3.1.3.2 Current implementation of professional measures The section paid attention to analyze and value the process and results when applying preventive measures of police force, procuracy and court agencies at city level Basing on the research results, the writer also drew out both benefits and drawbacks in applying preventive measures of each subject 3.2 Preventive effectiveness and causes, conditions of snatching situation in Ho Chi Minh City 3.2.1 Effectiveness of preventing snatching situation in Ho Chi Minh City The author supposed that the effectiveness of preventing snatching situation in Ho Chi Minh City from 2008 to 2017 could only be correctly assessed through the fluctuation of quality and 13 quantity of snatching situation This was clearly described with visible and invisible patterns of snatching situation as follows: 3.2.1.1 Visible pattern 3.2.1.2 Invisible pattern 3.2.2 Causes and conditions of snatching situation in Ho Chi Minh City The writer has studied and identified groups of causes and conditions of snatching situation in Ho Chi Minh City: - The first is from bad affects in social, family or school environment - The second is from the offenders - The third is from property’s owners - The fourth is from shortcomings and weakness in the State management in social order and safety, especially in the crime prevention of functional forces in the city 3.3 Comments and assessment 3.3.1 Advantages From research results, the author figured out that the prevention of snatching situation in Ho Chi Minh City has the following advantages: - The prevention in Ho Chi Minh City have always been focused and paid close attention by leaders at all levels, which enable it to be done in the right direction with certain achievements - Functional agencies and organizations have been active, constant and timely to advise the Party committees and the City government in developing and promulgating programs and plans of preventing snatching situation 14 - The system of measures to prevent snatching situation have been generally carried out and applied quite flexibly, comprehensively, synchronously and deeply, ensuring the diversity of both contents and formulas The prevention of snatching situation have also received great consensus of people in the City… 3.2.3.2 Restrictions, shortcomings and causes In section 3.1 of the thesis, the author has made clear about the limitations in the prevention of snatching situation in Ho Chi Minh City, so they are not included in the section 3.3.2 On the basis of research results, it is possible to identify the causes of limitations and shortcomings in preventing snatching situation as follows: Firstly, some grassroots authorities are lacked of the steadiness in directing and implementing; there have been no specific and clear plans and activities to prevent snatching situation in the assigned areas; the inspection and supervision for preventive activities has not been actively focused Secondly, some preventive subjects not have consistency, agreement in their viewpoints, directions, requirements as well as full and comprehensive awareness of the position, roles, importance and complex nature of the prevention of snatching situation Thirdly, the functional force directly involved in the prevention and fight against snatching situation in Ho Chi Minh City is still limited in terms of quantity, quality and professional qualifications Fourthly, the City Court branch has not yet established a model of the district-level specialized court, leading its “overload” work and resulting in the poor quality of some trials Fifthly, propaganda objects are quite diverse with different levels of education and awareness, so the propaganda and mobilization also face 15 several difficulties There have been no specific regulations as a legal basis for the operation of some self-managed crime prevention models Sixthly, in the professional prevention, some officials in the proceeding agencies are not fully aware of the implementation of preventive measures against snatching situation according to their assigned functions and tasks Seventhly, there has not been a mechanism for coordination or a the coordinating mechanism among the subjects in preventing snatching situation has not been scientific, specific and clear Eighthly, the awareness of a part of people in the prevention of snatching situation is still limited; The carefulness in managing and protecting their property is not high, creating a loophole to stimulate greed and quickly promote the criminals to commit snatching Last but not least, the application of scientific and technological achievements in the prevention of snatching situation has not been really focused, which is shown in the fact that some preventive contents have been carried out manually with slow innovation Summary of Chapter 16 Chapter SOLUTIONS TO INCREASE THE PREVENTION OF SNATCHING SITUATION IN HO CHI MINH CITY 4.1 Forecasting the situation of snatching and other factors affecting the activities to prevent of snatching in Ho Chi Minh City 4.1.1 Forecasting the situation of snatching in Ho Chi Minh City In this section, the author analyzed and made predictions about the situation of snatching in Ho Chi Minh City in the coming time such as: its movement, structure, nature, extent, modus operandi, locations 4.1.2 Predicting factors affecting the activities to prevent snatching situation in Ho Chi Minh City The thesis has forecasted and pointed out the advantages and disadvantages that directly and indirectly affect the prevention snatching situation in Ho Chi Minh City in the coming time 4.2 Solutions to strengthen the prevention of snatching situation in Ho Chi Minh City On the basis of apprehending the causes and conditions of snatching situation as well as unexpected limitations and shortcomings in the practice of preventing it in Ho Chi Minh City, the author proposed groups of solutions to strengthen the work as follows: 4.2.1 Increasing awareness of subjects in charge of preventing snatching situation This group focuses on well solving two following issues: Firstly, strengthen and unify the awareness of views, directions and requirements, and at the same time enhance the roles and 17 responsibilities of the party committees, the city government, law enforcement agencies and delegations and social organizations in preventing snatching situation in Ho Chi Minh City Secondly, raise public awareness about the prevention of snatching situation with paying attention to those who are prone to snatching and those at risk of being victims of the crime 4.2.2 Strengthen the implementation of preventive measures against snatching situation In order to strengthen the implementation of measures to prevent snatching situation in the coming time, it is necessary to focus on the following six solutions: Firstly, improving the quality and effectiveness of applying economic and social measures, focusing on hunger elimination and poverty reduction, taking good care of the material and spiritual life for the people, contributing to improving the effectiveness of preventing and preventing the situation crime snatching Secondly, strengthening measures to cut down negative impacts in the family and school environment which play an important role as causes and conditions snatching situation Thirdly, promoting propaganda and dissemination of legal education to raise awareness of law observance among people; mobilizing people to actively participate in preventing and denouncing criminals; and at the same time taking the initiative in overcoming loopholes and shortcomings in asset management and protection so as not to expose the subjects prone to snatching Fourthly, tightening the management of drug addicts, postdetoxification, people with criminal records, precedents, people at risk of committing snatching; strengthening the management of residence and 18 conditional business lines to contribute to improving the effectiveness of preventing snatching situation Fifthly, promoting patrol and control of crime crackdown, especially on key and complicated routes, areas of snatching Last, focusing on improving the effectiveness of police’s basic professional measures; well implementing the receiving and dealing with crime denouncing information; promoting and expanding snatching investigation, prosecution and adjudication 4.2.3 Strengthening the capacity of entities in preventing snatching, especially law enforcement agencies This solution group focuses on the following two contents: Firstly, comprehensively consolidating the organizational structure and personnel supplement for the subjects who directly conduct activities to prevent snatching situation Secondly, paying attention to the training and retraining courses to improve professional qualifications, legal knowledge for the subjects who directly conduct activities to prevent snatching situation 4.2.4 Building and perfecting coordination mechanisms, ensuring close co-operation among subjects in preventing snatching situation Firstly, building and perfecting the coordination mechanism among the subjects in preventing snatching situation Secondly, strengthening and expanding, ensuring close coordination among the subjects in preventing snatching situation 4.2.5 Actively and effectively applying information technology, and scientific and technical achievements in preventing the situation of snatching This solution group focuses on the following three main contents: 19 Firstly, enhancing the installation and efficient use of CCTV systems to well serve the security and order maintenance in hot spots, then support the prevention of snatching situation Secondly, researching to effectively take advantages of websites and social networks in propagating and disseminating and educating laws on preventing snatching situation Last, strengthening the application of information technology in searching and managing subjects, receiving and handling crime information and supplying criminal statistics Summary of Chapter 20 CONCLUSION In recent years, the situation of snatching in Ho Chi Minh City has become complicated, causing not only damage to property but also serious consequences on people’s health and lives, causing anxiety, worry, insecure in the public, causing a loss of trust of a part of the public in law enforcement agencies There have been a number of research related to the prevention of snatching in terms of criminology, criminal law, criminal investigation but there have not been any complete, comprehensive and in-dept studies on the prevention of snatching in Ho Chi Minh City in the period from 2008 to 2017 Therefore, it is urgent and necessary to have the research and assessment of the situation of crime prevention of snatching in Ho Chi Minh City in order to set up a system of measures to enhance the effectiveness of crime prevention of snatching in the future By applying many scientific research methods, the thesis has focused on solving a relatively systematic and comprehensive set of objectives of the thesis with the following results: On the basis of referring to the experiences of some foreign research and analyzing the content of domestic published scientific research projects related to the prevention of snatching, the autor of the thesis has generalized the overview of research, as well as identified the content to be acquired and the issues that need to be further researched in his thesis On the basis of theory and practice, the author of the thesis has studied, built, supplemented, perfected, enriched and profoundly added theoretical issues of the prevention of snatching, including: concepts, characteristics, purposes, reasons of crime prevention of snatching; principles, contents, subjects and 21 preventive measures for the crime prevention of snatching The thesis has studied, surveyed, analyzed, evaluated and clarified the situation of preventing snatching in Ho Chi Minh City in the period from 2008 to 2017 Conducting the evaluation of the achieved effectiveness of prevention, the author identified the causes and conditions of this crime in Ho Chi Minh City Thereby, the thesis pointed out the advantages, limitations and causes of the limitations in preventing snatching Based on the research results, the author forecasts the situation of snatching in the future in Ho Chi Minh City such as developments, nature, levels, modus operandi, type of offenders along with favorable and difficult factors affecting the prevention of snatching in the future The forecast result is one of the foundations to propose solutions to improve the effectiveness of preventing this crime Basing on the analysis of the situation of prevention, forecasting the situation of snatching as well as the factors affecting the prevention of snatching, the author of the thesis proposes five sets of solutions to improve quality and the effectiveness of preventing snatching in Ho Chi Minh city in the future as follows: - Firstly, increasing the awareness of the subjects of prevention of snatching - Secondly, strengthening the implementation of preventive measures for snatching - Thirdly, strengthening the capacity of agencies in the prevention of snatching, especially law enforcement agencies 22 - Fourthly, building and perfecting the cooperation mechanism, ensuring the firm coopernation between agencies in preventing snatching - Fifthly, actively apply information technology, effectively apply scientific and technical achievements in preventing snatching These solutions need to be drastically, regularly, continuously and comprehensively implemented by all levels of the Party committees, the authorities, departments, social organizations and the public The goal is to reduce crime, to eliminate the snatching from social life The thesis has been studied seriously with the supervision and enthusiastic help of scientists; leaders and officials of departments, unions and social organizations in Ho Chi Minh City However, with the limited research capacity as well as limited practical experience, this thesis may not avoid certain limitations and shortcomings Therefore, the author hopes to receive the guidance and comments from scientists and experts to make the thesis more and more valuable and complete 23 LIST OF PUBLICATION Causes and conditions of the situation of snatching in Ho Chi Minh City, Journal of Procuratorate Studies, Ha Noi Procuratorate University, Vol 03 (17) June/2017, p.25-31 New points of offences against property rights in the Criminal Code 2015, Journal of People Security, People’s Security University, Vol 64, August/2017, p.63-69 Matters related to the prevention of snatching in Ho Chi Minh City, Journal of Procuratorate Studies, Ha Noi Procuratorate University, September/2018 Improving the effectiveness of propaganda, legal education, mass mobilization in preventing snatching in Ho Chi Minh City, Journal of Procuratorate Studies, ISSN 2354-063X, Ha Noi Procuratorate University, Vol 01(27) March/2019, p.31-37 Theory and practice of investigation planning on organized crime of the Criminal Police Force (co-author), Reference book, August/2018, People Public Security Publishing House ... science Supervisor: Pro Dr TRINH VAN THANH Contradictor 1: Assoc Prof PhD.Tran Van Do Contradictor 2: Pro Dr Nguyen Ngoc Anh Contradictor 3: Pro Dr Bui Minh Thanh The dissertation is defended at... visible and invisible patterns of snatching situation as follows: 3.2.1.1 Visible pattern 3.2.1.2 Invisible pattern 3.2.2 Causes and conditions of snatching situation in Ho Chi Minh City The writer... in Ho Chi Minh City 3.2.1 Effectiveness of preventing snatching situation in Ho Chi Minh City The author supposed that the effectiveness of preventing snatching situation in Ho Chi Minh City