Crime of Enticing, Forcing or Harboring a Minor to Commit a Crime

with people under 18 years old committing crimes, living a depraved life or harboring

accept people under 18 years old to commit crimes.

The crime of enticing and forcing minors to commit crimes is a crime stipulated in Article 148 of the 1985 Penal Code, chapter 1.

crimes against marriage and family and crimes against people

minors, this crime is now regulated in the chapter on crimes against public safety and public order. Compared with Article 148 of the 1985 Penal Code, Article 252 of the 1999 Penal Code basically does not have

no major amendments or additions. However, due to the requirements of the fighting situation

To prevent this type of crime as well as ensure the accuracy of legislative techniques, lawmakers should amend and supplement a number of points such as:

Regarding the name of the crime, Article 252 of the 1999 Penal Code adds

coercive behavior; additional criminal circumstances against children under 13 years old,

The circumstance causing very serious or especially serious consequences is the factor determining the penalty; the additional fine is an additional penalty; probation is only applied if the offender is a dangerous recidivist.

A. BASIC SIGNS OF CRIME

1. Signs belonging to the subject of the crime

It can be considered that the subject of this crime is not a special subject, as long as one reaches a certain age and does not lose criminal responsibility, one can be the subject of this crime.

A person from 14 to under 16 years of age must bear criminal responsibility for this crime in the case specified in Clause 2 of the Law;

16 years of age or older must bear criminal responsibility for this crime

distinguish between cases specified in which clause of the law.

2. Signs of the objective side of the crime

Although this crime is regulated in the chapter on crimes against public safety and public order, this crime is still a crime against minors, but it does not violate the life, health, dignity, and honor of minors, but violates the State's policy on protecting the healthy development of the young generation.

3. Objective signs of crime

a. Objective behavior

A criminal may commit one of two acts: enticing or forcing a minor to commit a crime or harboring a minor to commit a crime.

Enticement

juvenile delinquency

is to invite

drag, entice, buy

bribe, incite, incite people under 18 years old to commit crimes, live a depraved life.

Forcing minors to commit crimes is threatening, intimidating, using force against people under 18 years old to commit crimes and live a depraved life.

Harboring a juvenile offender is a case of stay.

In the house, feeding and sleeping in a certain place under one's management or having other acts of hiding minors, allowing minors to commit crimes and live a depraved life.

When determining the objective behavior of the offender, attention should be paid to:

- If a minor commits an illegal act that constitutes a crime, the person who entices or coerces is an accomplice of the minor in the crime that the minor has committed.

now

not in the case of seduction

coax, force someone

Juveniles commit crimes. For example: Ma Van B incited Ma Van Q, 13 years and 6 months old, B's nephew, to put poison in Mr. Ha Dinh T's water tank with the intention of killing Mr. T's entire family. B's behavior is murder as the mastermind, not luring a minor to commit a crime.

- If there is no prior promise and clear knowledge that the person has committed a crime and that crime is according to the provisions of the Penal Code, the person who harbors the crime must be prosecuted for criminal liability for the crime of concealing a crime, which is not the case specified in Article 252 of the Penal Code.

b. Consequences

For the crime of enticing and forcing minors to commit crimes

The consequences are not a mandatory sign of a criminal organization. However, if serious, very serious or especially serious consequences are caused, the offender will be prosecuted for criminal liability according to Clause 2 of the Law.

c. Other objective signs

Based on the text of the law, for this crime, in addition to the objective behavior, the legislator also stipulates other objective signs as elements constituting the crime, which are: the person the offender entices or forces must be a minor and the person enticed or forced must be the person who commits the illegal act.

A minor is a person under 18 years old, therefore the prosecuting authorities must prove the age of the person being enticed or forced to commit a crime.

Crime is a violation of the law, including cases that constitute a crime and cases that do not constitute a crime.

4. Subjective signs of crime

Criminals legalize money and property obtained through crime.

his behavior was intentional

The purpose of the offender is to make property from illegal

into legal property. Purpose is a mandatory sign of this crime. However, whether the offender achieves the purpose or not depends on the means they use. If the offender has committed an act but has not yet achieved the criminal purpose, it is a case of an attempted crime.

B. SPECIFIC CRIMINAL CASES

1. Committing crimes under the cases specified in Clause 1, Article 252 of the Penal Code

According to Clause 1, Article 252 of the Penal Code, a person who entices or forces a minor to commit a crime can be imprisoned from one to five years, which is a serious crime.

When deciding on a penalty, if the offender has many circumstances

mitigate

prescribed in Article 46 of the Code

criminal law, no aggravating circumstances

If the crime is serious or if there are aggravating circumstances but the degree of aggravation is insignificant, the penalty may be less than one year in prison; if the offender has many aggravating circumstances as prescribed in Article 48 of the Penal Code, there are no mitigating circumstances or if there are mitigating circumstances but the degree of aggravation is insignificant, the penalty may be up to five years in prison.

2. Committing crimes under the cases specified in Clause 2, Article 252 of the Penal Code

a. Organized.

As with other organized crimes, the crime of enticing and forcing minors to commit organized crimes is a case of close collusion between those who commit the crime, including the organizer, the perpetrator, the instigator, and the accomplice.

b. Seducing, forcing, harboring, or enticing many people.

This crime is similar to the crime committed against a person in some other crimes, but in this case, the offender has enticed, forced, harbored, and enticed many minors to commit crimes. When applying this circumstance, it is important to note that if the offender entices one person or forces one person, it is necessary to determine that it is “enticement and coercion of many people”. Similarly, there may be cases of “enticement and harboring many people”, “coercion and enticement of many people”, etc.

c. For children under 13 years old

This crime case is similar to some other cases, minors who are enticed and forced to commit crimes are divided into ages: from 13 years old to under 18 years old and under 13 years old. If the person

Minors who are enticed or forced to commit crimes under the age of 13 are

case specified in Point c, Clause 2 of the Law; if two or more people are coaxed or forced to commit a crime and are all under 13 years old, it falls under the case specified in Point b and Point c, Clause 2 of the Law; if there is one person

under 13 years old and a person of age

13 years old to under 18 years old only

belong

case specified in point c clause 2 of the article.

d. Causing serious consequences.

serious, very serious or special

This crime case is similar.

like

some

case

committing a crime prescribed in other crimes, but this is an exceptional case. The legislator stipulates three circumstances as factors determining the penalty framework with different levels of danger in the same penalty framework. In terms of legislative techniques, it is not scientific. It should be enough to stipulate that it causes serious consequences because if the offender causes very serious consequences.

or especially serious, it is only in the case specified in

Clause 2 of the law. However, the legislator stipulates three different circumstances in the same penalty framework, so when applying the penalty, the Court needs to consider and individualize each specific case.

Because there are no instructions yet.

which is the consequence

serious, very

Serious or especially serious cases caused by the act of enticing or forcing minors to commit crimes can apply the Joint Circular.

No. 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25, 2001

2001 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of Justice guiding the application of a number of provisions in Chapter XIV "Crimes against property" of the 1999 Penal Code to cases

causing serious, very serious or especially serious consequences to determine the serious, very serious or especially serious consequences caused by the act of enticing or forcing minors to commit crimes.

d. Dangerous recidivism.

Same thing

like

other dangerous recidivism cases, people

The crime of enticing and forcing minors to commit crimes in dangerous recidivism cases is a person who has been convicted of a very serious crime or a crime.

especially serious due to intention, not yet cleared of criminal record but still commits crime

falling under the cases specified in Clause 2, Article 252 of the Penal Code or having re-offended, not having had his criminal record expunged, and yet committing the crime of enticing or forcing a minor to commit a crime.

Like

So, the offender is lured

coerce, force minors

A dangerous crime can only be a case of recidivism, not having had a criminal record cleared, but still committing the crime of harboring or destroying.

receiving property obtained by another person's crime, because if

has been convicted

for very crime

Serious, especially serious crimes committed intentionally, not yet cleared of criminal records, but committing a crime under the provisions of Clause 2, Article 252 of the Penal Code, the offender will be prosecuted for criminal liability under Clause 2 of the article. However, if the offender commits a crime that is both a dangerous recidivism and one of the cases prescribed in Clause 2 of the article, he/she will be subject to a heavier penalty than if it is not a dangerous recidivism.

Committing a crime under the provisions of Clause 2 of this Article may result in imprisonment from three to twelve years, which is a very serious crime.

When deciding on the penalty for an offender, if he/she falls into only one of the cases specified in Clause 2 of the article and there are many mitigating circumstances specified in Article 46 of the Penal Code, there are no aggravating circumstances or if there are, the degree of aggravation is insignificant, then the penalty may be imposed of less than three years in prison but not less than one year in prison; if he/she falls into many cases specified in Clause 2 of the article and there are many aggravating circumstances specified in Article 48 of the Penal Code, there are no mitigating circumstances or if there are, the degree of aggravation is insignificant, then he/she may be sentenced to up to seven years in prison.

3. Additional penalties for offenders

In addition to the main penalty, the offender may also be fined from three million to thirty million VND.

Offenders who are dangerous recidivists may also be subject to probation from one to five years.

31. CRIME OF DISSEMINATING PORNOGRAPHIC PRODUCTS

Article 253. Crime of disseminating obscene cultural products

1. Anyone who makes, copies, circulates, transports, uses, sells, or stores for the purpose of disseminating books, newspapers, paintings, photos, films, music, or other obscene items, or commits other acts of disseminating obscene cultural products in one of the following cases, shall be subject to a fine of from five million to fifty million dong, non-custodial reform for up to three years, or imprisonment from six months to three years:

a) Illegal items in large quantities;

b) Popular to many people;

c) Having been administratively sanctioned for this act or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from three to ten years:

a) Organized;

b) The illegal items are in very large quantities;

c) For minors;

d) Causing serious consequences; e) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from seven to fifteen years:

a) The quantity of illegal items is particularly large;

b) Causing very serious or especially serious consequences.

4. The offender may also be fined from three million to thirty million Dong.