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.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

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, procedure-conducting persons in different sectors and localities, therefore leading to different understandings of "property robbery in the form of organized crime" and the

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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

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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

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

2 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:

abroad related to the thesis topic to draw out the issues that need to be researched in the thesis

crime

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

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

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

3 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

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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:

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

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:

collected by the thesis during the period from 2011 to the end of 2021

thesis in Ho Chi Minh City

4 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

5 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

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

6 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

7 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

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Chapter 1 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

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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 Truth

House-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 Law-Hanoi 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:

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

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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

"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,

1.3.1 Evaluation of the research situation

Through studying the research works related to the thesis topic inside and outside the country so far that the author has access to, some of the following assessments can be drawn:

There is research abroad related to the topic These works have a fairly wide scope

of research, mainly independent research on property robbery and on the institution of accomplices in general, including organized crime This is a reference source to help the author have a better overview of the crime of robbery as well as the organized elements of this crime in some countries around the world, thereby acquiring and learning the laws of robbery progressive determination, reasonable factors, compatible with Vietnamese law However, in those works, the crime of property robbery in the form of organized crime has not been studied independently and deeply, only at a general level when studying the crime of robbery or the organized element in the institution of accomplices in general, which has not been combined with the crime of robbery Some studies have been studied for too long and are no longer relevant to the situation of organized crime and robbery in the form of organized crime in the current period In addition, the specific regulations of each country's law for this type of crime are different, in accordance with the socio-economic situation of each country, so the research results are only for reference value for the author to study studying and absorbing progressive values suitable to the current situation in our country

In the country, there have also been quite a few works related to the topic that have been studied at many levels and from many perspectives These works primarily investigate property infringement in general, and property robbery in particular, as well as accomplices and organized crime.Some works have studied in a relatively profound way the crime of robbery with the concept, elements of crime, provisions on the basic composition as well as the aggravating composition, including signs of framing the crime when researching the crime of property robbery independently or researching in the group

of property infringement crimes from a criminal perspective Furthermore, a number of works have analyzed the current situation of applying the provisions of the law on property robbery, as well as the situation of deciding penalties in the case of organized crime in general for the entire country and some specific localities, and have made recommendations and solutions to improve the law, overcome inadequacies and limitations, A number of research works on the institution of accomplices and organized crime, which have been analyzed quite deeply, identify the concepts and characteristics of accomplices and organized crime and decide punishment in the case of organized crime However, because the study of organized crime as an independent aggravating factor in the institution of accomplices without studying it from the perspective of the framing aggravation of the crime of robbery, some inadequacies , limitations, and solutions given

in these works are not deep and specific In addition, most of these works were researched

on the basis of the provisions of the Penal Code 1999 and earlier with a long time of research The research works on the crime of property robbery also have content on the application of the aggravating circumstances of organized crime, but with limited capacity,

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theory, application practice, and proposed solutions are incomplete and not comprehensive Up to now, the Penal Code in 2015, amended and supplemented in 2017, has taken legal effect, and the situation of property robbery in the form of organized crime has in fact undergone major changes that require new studies in both theory and practice Research related to the topic also has articles in scientific journals, but most of them only focus on some theoretical aspects and point out some shortcomings in the provisions of the law or in practical application that have not satisfactorily and comprehensively resolved the issues of theory, law, and practical application of regulations on property robbery in the form of organized crime Some research works from the perspective of criminology—crime prevention, so the theoretical content as well as the practical application of the provisions of the law on the crime of robbery in the form of organized crime is relatively limited

An overview of the research situation shows that, so far, there has been no research on the crime of property robbery in the form of organized crime in a complete and comprehensive way, combining theory and practice to thereby assess the limitations and difficulties and propose solutions to ensure the correct application of the law on this crime in terms of the provisions of the law as well as the application mechanism, especially research on the basis of the law The actual basis is Ho Chi Minh City—the area where the above cases occurred with a relatively large number Therefore, this thesis is the first doctoral-level scientific work to study the theoretical issues of organized crime, distinguishing it from organized crime in terms of nature and form of crime thus proposing solutions to perfect the law and apply the law in accordance with the current period; research on the crime of property robbery in the form of organized crime associated with the actual application of the law in Ho Chi Minh City; proposing solutions

to ensure the correct application of the provisions of the law in the investigation; prosecuting and adjudicating cases of property robbery in the form of organized crime in the future

Research issues that need to be researched in the study

An overview of the research situation shows that the research on property robbery

in the form of organized crime has not been comprehensive and profound It is necessary

to continue to study the following issues: First, we need to continue researching to clarify the concept and characteristics of accomplices and organized crime; distinguish organized crime from related concepts; analyze and clarify the concept and criminal legal signs of property robbery in the form of organized crime; Second, analyze and evaluate the practical problem of determining crimes and deciding penalties for property robbery in the form of organized crime in Ho Chi Minh City from 2011 to 2021, thereby clarifying limitations, violations, and mistakes that need to be overcome; Third, analyze, evaluate, and clarify the causes of limitations, violations, and mistakes in determining crimes and deciding penalties for property robbery in the form of organized crime in the Ho Chi Minh City area; Fourth, analyze the requirements and propose solutions to improve the quality

of applying the provisions of the criminal law to the crime of property robbery in the form

of organized crime

Sub-conclusion of Chapter 1

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Chapter 2 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