Crime of fraud and appropriation of property - Theoretical and practical issues

Weak management mechanisms will be one of the causes and conditions for crime to arise and develop. Therefore, we must further improve the mechanisms, policies and laws in economic management in general and asset management in particular. To do this, there needs to be close coordination between legislative and executive agencies.

In short, in economic management, it is necessary to promptly detect the irrationalities of the mechanism, in order to have appropriate corrective measures. It is necessary to clearly define the functions, tasks, responsibilities, and powers of state economic management agencies in establishing activities, regulating, superior-subordinate relations, and handling violations. The clearer the distinction, the more the management order is established and strengthened, overcoming loopholes that criminals take advantage of to appropriate state assets. In order for economic management to be synchronous and effective, the market mechanism must create an orderly business environment, control the establishment of economic units of all economic sectors, and create an open legal corridor to promote creativity in business activities of the subjects. In economic management, asset management, it is necessary to apply modern technical means. Advances in science and technology have been helping people in all fields, especially in economic management and asset management. When applying modern technical means, it will reduce work pressure for people, the results will be accurate, helping management to be strict and scientific.

* Measures to strengthen and improve the effectiveness of law enforcement agencies

To improve the effectiveness of law enforcement agencies, it is necessary to first improve the professional skills of the staff of judicial agencies in order to detect crimes quickly and handle them promptly and in accordance with the law. It is necessary to review the staff to plan for training, fostering and appropriate use. If any violation of authority and responsibility is discovered, causing trouble and harassment to the people, it is necessary to handle it strictly and promptly.

Screening and retaining professional staff with good moral qualities, good knowledge, responsibility for work, and an uncompromising spirit of fighting against negative manifestations, bureaucracy, and irresponsibility. Next, it is necessary to organize training, study specialized topics, and foster legal knowledge for staff. Along with the above measures, an equally important measure in strengthening the activities of judicial agencies is to ensure certain necessary material conditions for judicial agencies, while paying attention to the material and spiritual life of staff and employees in order to limit and gradually eliminate the situation of receiving and giving bribes, leading to lack of strict enforcement of the law.

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In cases of using information technology to commit crimes, it is necessary to have technical solutions, with the help of network technical agencies to protect and prevent intrusion, search and steal account codes, pin codes of credit cards, strictly control accounts that foreigners temporarily open in Vietnam to manage their financial status, when there are signs of violations, the authorities will have appropriate handling measures, avoid losing assets abroad, the criminals have fled far away but we still do not know anything.

On the other hand, law enforcement agencies must have measures to strictly manage subjects with criminal records for property infringement and property fraud to prevent recidivism. It is necessary to perfect the coordination mechanism between law enforcement agencies at each level, ensuring that these agencies operate synchronously and promptly in inspecting, controlling, investigating, prosecuting and trying crimes. Specifically:

Police agency:

The police forces, within the scope of their functions and duties, have organized crime prevention activities, starting with the establishment of civil defense teams, youth checkpoints, and coordination with local militia forces.

patrol and guard to ensure and maintain security and order in their areas. To do better and be more effective in this field, people's committees at all levels need to establish a security fund to provide additional material support for the number of people participating in this movement, and at the same time launch a movement to mobilize monthly contributions from the people according to the ability of each household.

The reconnaissance forces and the police at ward and commune levels have closely managed criminals and those with criminal records. These subjects have promptly grasped the needs and intentions of the above subjects, thereby significantly limiting law violations and crimes. However, the forces that the police at all levels mentioned above have not yet done and advised the government well to have many measures to overcome the causes and conditions for crimes committed by those types of subjects. Therefore, the police at all levels proposed that the People's Committee establish a fund to help and support jobs for those who have returned from prison and for those who have violated the law due to economic difficulties.

In recent years, the People's Public Security force has made great contributions in promptly pursuing fugitive criminals, arresting dozens of dangerous criminals from countries around the world who fled to Vietnam to avoid the law or to swindle money, and coordinating with police in other countries through VINAPOL to pursue Vietnamese criminals who fled abroad. Reality has also shown that the pursuit of suspects and defendants in general and the pursuit of suspects and defendants for fraud and property appropriation in particular is very difficult and complicated. For those with severe sentences, they are ready to die when discovered and chased. Although there have been many efforts in communicating with local police forces in the pursuit of criminals, there are still times when it is not accurate, the right person, the right crime. The response after arresting a wanted person as well as the recognition of the arrested person still has many limitations... To ensure the quick and accurate arrest of wanted subjects as well as to improve the effectiveness of crime prevention and combat activities, the police force needs to equip itself with more scientific and technical means to store, transmit information and photos of the wanted person.

wanted criminals and network information with other local police to quickly arrest them.

In addition, it is necessary to mention the issue that the officers working in this field are still inexperienced and do not have adequate professional skills. There are cases where the police leaders in some remote areas are officers who have been disciplined or are awaiting disciplinary action and are assigned to this position, which has caused many difficulties in detecting and investigating crimes and reduced the trust of the majority of people in the police agency. Therefore, in our opinion, the police need to arrange for those people to study fully to improve their understanding of science and technology, foreign languages, information technology, etc., thereby improving their professional skills, considering them as the spearheads in detecting and preventing crimes.

Procuracy:

The Procuracy plays an important role in protecting the law, ensuring that the law is strictly enforced and effectively protecting the rights and interests of citizens and the whole society.

General crime fighting activities are one of the scopes of activities of the prosecutor's office, which are shown in the following aspects:

- Supervise criminal investigation activities of investigation agencies and other competent agencies.

- Practice the right to prosecute in court.

- Disseminate laws, especially crime prevention measures.

The current crime prevention coordination activities of the Procuracy with departments and social organizations are still limited. The Procuracy is not really the core to attract these agencies to participate in the fight against crime. There are many reasons leading to this situation, including the limited capacity and qualifications of some officials working in the Procuracy sector, and their knowledge is not deep. Therefore, it is necessary to focus on

This team should be trained and have regular annual seminars to improve their professional qualifications to meet the requirements of the current crime prevention and control mission.

Court:

People's Courts and Military Courts at all levels are the judicial bodies of the Socialist Republic of Vietnam and are the subjects of the fight against crime.

In the trial, by clarifying the objective truth of the case (causes and conditions of the crime, nature and level of danger of the act, consequences, and personal background of the offender). From there, the Court decides on the punishment for the offender.

Through the trial, the Court makes recommendations to relevant agencies where crimes occur so that they can take effective measures to prevent and eliminate the causes and conditions for crimes at the grassroots level.

The Court is also the place to grasp quite accurately the reality of the crime situation, so the conclusions and recommendations of the Court for the crime prevention program of the State and society are extremely important and necessary.

In recent years, the Court has tried many cases of fraud and property appropriation, some of which have caused particularly serious consequences, causing hundreds of billions of dong in damage. The results of the trial have truly brought peace to economic activities, stabilizing production and business activities. However, in reality, besides the achievements, there are still many pending cases, wrong trials, and subjective judgments. This is due to both objective errors, loose operations, and insufficient evidence of the investigation agency, as well as subjective errors in the capacity of judges, the role of people's assessors, and the lack of independence and objectivity of judges when the current situation of appeals still exists. The essence of the judgment review is the judgment

The judgment is decided before the trial, so in our opinion, the request for judgment should not be considered a mandatory condition for the judge before bringing the case to trial.

Through the trial, the Court needs to point out the existing problems that are the causes and conditions for the crime of fraud and appropriation of property and make appropriate recommendations to eliminate the causes and conditions for committing the crime.

In short, the fight against fraud and property appropriation is an urgent requirement of our State, because this crime is increasingly increasing, causing serious consequences, in many cases the criminals have close collusion with each other, taking advantage of the name of the State, abusing their positions and powers to commit fraud. The agencies conducting the proceedings need to actively and proactively fight against this type of crime, apply the advances of science and technology in detecting crimes and criminals, actively coordinate with state agencies and social organizations to find out the causes and conditions of crime in order to actively eliminate this crime.

* Legal measures and improvement of the legal system

As a tool to regulate social relations, law plays a particularly important role in ensuring social stability and development. In the context of innovation, the role of law is increasingly important, especially in managing the market economy and other aspects of social life in our country today.

Article 12 of the 1992 Constitution of our country stated: " The State manages society by law and constantly strengthens socialist legality ". As a means of social management, law institutionalizes the Party and State's policies and creates legal bases for implementing those policies and guidelines. The State impacts the market economy through plans for price, finance, tax, credit policies... that macro-regulatory impact is also expressed in the form of law. Law is also an institutional tool.

To modernize monetary relations, economic interests, economic contracts... especially the economic management mechanism, ensuring its effective operation in current new conditions.

The State has promulgated the Penal Code, the Criminal Procedure Code, the Civil Code, the Civil Procedure Code and other legal documents that have greatly contributed to ensuring the stability of the socio-economic situation. The Criminal Law and Criminal Procedure are important legal tools, a solid basis for the activities of law enforcement agencies in the fight against crime. The Economic Law, the Investment Law, the Banking Law, the Land Law, the Enterprise Law, etc. are important tools to promote the development of production activities, constantly improve the material and spiritual life of each citizen and together with the Criminal Law and Criminal Procedure are conditions to prevent the causes and conditions of crime.

Thus, in all areas of social life, there are laws to regulate, and the law has become a lever to create a premise for future development. In addition, social relations are always developing and changing constantly. Such rapid changes require the law to change accordingly. This is the requirement to constantly improve the law, in order to make the law timely and suitable to the needs of society.

- Currently, the specific provisions in the crime of fraud to appropriate property on the sign of the value of the appropriated property is 500,000 VND. Through direct practice of researching over 150 cases and referring to many other cases, it shows that very few cases of fraud to appropriate property with a value from 500,000 VND to less than 1,000,000 VND are prosecuted and tried. Moreover, if following the current devaluation trend of the Vietnamese Dong, the level of 500,000 VND is no longer a significant dangerous level to serve as a basis for criminal handling of fraud to appropriate property in particular and crimes against property in general. To meet the requirements of the fight against, prevention and control of crime in the coming time, in my opinion

need to raise the value of the seized assets higher than it is now and possibly

1,000,000 VND.

- In addition, there should be a joint circular between the Supreme People's Court, the Supreme People's Procuracy and the Ministry of Public Security to guide the handling of cases of using high technology to fraudulently appropriate property. This must be considered an aggravating circumstance of "using cunning tricks" as prescribed in Point d, Clause 2, Article 139 of the Penal Code. For example, the act of making and using fake credit cards, fake money transfer orders... to appropriate money from banks...

- It is necessary to prescribe penalties for this type of crime in accordance with the current situation, in addition to the purpose of reforming and educating criminals, it is also necessary to ensure the general deterrent effect, but it is also necessary to pay attention to the effectiveness and feasibility of the penalty. Currently, Vietnam has become a member of the WTO, the number of foreigners coming to Vietnam to operate in the economic field is increasing, in reality there have been many cases of foreigners entering Vietnam to commit fraud and appropriate property. Therefore, it is necessary to prescribe additional penalties of deportation as an additional penalty for the crime of fraud and appropriate property. In addition, it is necessary to pay attention to material sanctions, which directly affect the material interests of the individual offender. When they commit acts of fraud to appropriate property, it is because they want to achieve a certain material purpose. Therefore, in the process of applying the law, in addition to the main penalty, it is necessary to actively apply additional fines with a reasonable amount of money from 10 to 100 million VND to subjects committing crimes of fraud to appropriate property, to ensure general deterrence and prevention for society and ensure the effect of reforming and educating criminals.

* Educational and propaganda measures

Through studying the causes and conditions from the human side, we see that we need to further promote education and propaganda work for