Crime of robbery under Vietnamese Criminal Law

Investigation, the objective needs to be verified and clarified to improve the investigation results for property robbery cases.

For the stage of arrest and classification, it is necessary to strictly supervise the arrest of the Investigation Agency from the beginning. To ensure that the arrest is in accordance with the law, not to wrongly arrest innocent people, and not to let criminals escape. It is necessary to resolutely not approve emergency arrests when there is insufficient evidence, when there are violations but they do not constitute a crime, or not to approve temporary detention orders for first-time offenders, less serious crimes, where the criminal has a clear background and place of residence.

For the investigative prosecutor, this is an important stage that lays the foundation for the stage of completing the prosecution file. Therefore, the prosecutor must closely follow the stage of initiating the case, initiating the prosecution of the accused, and supervise all activities of the investigator, ensuring that the investigation is in accordance with the Criminal Procedure Law and the content of the case, promptly detecting errors of the investigator to request corrections, avoiding the phenomenon of forced confessions, giving false testimony that distorts the file, ensuring that no innocent person is prosecuted, wrongly arrested, and no criminal is not prosecuted and prosecuted before the law. When the prosecutor receives the investigation file, he must quickly re-examine the main file and complete the secondary file. This process must be extremely strict, ensuring that the right person and the right crime are prosecuted. If a wrongful conviction is discovered, the case must be suspended, the accused must be suspended, and if the accused is in detention, he must be released immediately. If the accused is being detained to serve the investigation and now it is deemed unnecessary to continue detention, the detention measure shall be cancelled and replaced with a measure prohibiting leaving the place of residence. The release or temporary release of subjects without grounds shall be minimized. If the case file or proceedings are found to be incomplete or the evidence is lacking or weak, the case file must be returned immediately for further investigation. The prosecution stage at the Procuracy is very short, therefore, requiring the Prosecutor to be urgent, accurate, and timely within the time limit prescribed by law.

When exercising the right to prosecute in court, the Prosecutor is required to both perform the function of prosecuting and supervising compliance with the law in the trial activities of the Court. Participating in litigation in court, contributing to prosecuting the right person, the right crime,

legal. Requires the Prosecutor to carefully study the case file, grasp the law and ensure objectivity, impartiality and compliance with the law. If during the trial, the Trial Panel violates the law, they must request immediate corrections. If the trial does not ensure objectivity, they must request a change of Judge or the entire Trial Panel. If the Court issues an illegal verdict, they must appeal to the Court of Appeal for reconsideration. In cases where the interrogation process reveals many new details that the investigation agency has not clarified, the case file must be withdrawn to request the Investigation Agency to clarify. When considering the level of punishment, they must have a comprehensive view to request the Trial Panel to decide. Ensuring the correctness and strictness of the law has a direct effect in deterring and educating criminals.

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The Procuracy at all levels needs to strengthen its role in supervising the execution of criminal sentences. Currently, there is a high rate of criminals who have been tried but due to delays or lack of decisions on execution, they have not served their sentences and continue to commit new crimes.

In the current conditions, the prosecution sector needs to be strengthened with additional staff and prosecutors to serve the roadmap to increase authority. At the same time, it is necessary to improve the professional capacity of prosecutors, ensuring sufficient capacity in prosecuting and investigating serious and complicated cases. This will create conditions for the Investigation Agency in investigating and solving cases as well as in prosecuting and adjudicating, overcoming the situation where limited capacity of prosecutors hinders investigation and adjudication activities.

- Improve the capacity to perceive and apply criminal law provisions on the crime of property robbery: The theory of the crime of property robbery is relatively solid, with few changes in the criminal law system. However, in reality, the act of property robbery sometimes has other controversial factors in sentencing. In addition, the aggravating and mitigating circumstances also have different perceptions and understandings, leading to inconsistent application. In the process of applying the Criminal Code, there are many problems arising in both the perception and performance of duties of officials at all levels and sectors. In the process of investigation, prosecution and trial, there are many confusions between the act of property robbery and the crime of property robbery, the crime of

openly appropriating property or Theft of property... when there is an element of using force. Therefore, comprehensive and detailed research, analysis and assessment of the elements constituting the Crime of Robbery of Property according to Article 136 of the 1999 Penal Code creates an important basis for applying the law to handle the right person, the right crime and to impose appropriate sanctions. This is also the basis for distinguishing between criminal acts with similar signs during the trial process in order to continuously improve the effectiveness of the fight against the Crime of Robbery of Property.

In the past, the trial work of the Court still had many limitations. The Court paid little attention to the requirements of crime prevention and control in general and the crime of property robbery in particular. Therefore, in the coming time, the Court needs to pay more attention to this issue. Through the trial of criminal cases and property robbery cases, the Court at all levels promptly detected loopholes in the people's vigilance and loopholes in State management, along with new methods and tricks of criminals. From there, coordinate with functional agencies in crime prevention. Through the trial of cases, especially mobile cases, the Court propagates vigilance and raises legal awareness among the people. Therefore, in the coming time, the Court needs to bring property robbery cases to mobile trials, not just prostitution and drug cases as at present. Increasing mobile trials of criminal cases in residential areas will attract people's attention, on the basis of having done a good job of widely disseminating and educating the law among the people.

In the process of adjudicating cases, the People's Courts at all levels must ensure the fairness of the law. The specific application of the penalty level must be appropriate to the nature and level of danger to society of the act, the personality, motive, purpose of the crime as well as the aggravating and mitigating circumstances of the defendant. Especially for cases of property robbery, it must be strictly handled to deter criminals, overcome the situation of uneven decision on penalties, similar acts with the same criteria as mentioned above, but different levels of penalties.

The court has increased its trial activities to meet the requirements of the fight against crime, avoiding the situation of leaving cases pending for a long time. Organizing timely trials of typical cases to serve local political work.

Focus on directing the implementation of personnel organization work, assigning and arranging tasks reasonably to effectively use the existing staff. Urgently train and develop to have conditions to supplement the number of judges according to regulations.

Strengthen training on professional skills, politics, information technology and foreign languages for officials, judges and people's assessors. Further strengthen the work of building the industry, ensuring a clean and strong staff. Carry out well the work of planning, rotation and mobilization.

3.3.3. Solutions to enhance coordination between functional agencies

Closely coordinate with prosecution agencies, implement the Inter-sectoral Coordination Regulations in trial activities and other aspects of work. [46]

The Procuracy actively coordinates with research sectors to find shortcomings in legal provisions to study and propose amendments, supplements, unified interpretations or new laws, especially criminal law and criminal procedures. Closely coordinate with the Court - Police sectors to regularly inspect and review the Court's decision to execute judgments and the Police's enforcement of judgments. Closely inspect cases of judgment execution, exemption from judgment, and reduction of judgment execution decided by the Court. Ensure that no defendant who has met the conditions for judgment execution is not executed.

The Court needs to coordinate closely with the Police and the Procuracy to effectively execute prison sentences. Ensure that all effective judgments are executed promptly. The process of considering temporary suspension of judgment execution, temporary suspension of judgment execution and reduction of sentence for release must be strict and accurate, not allowing negative situations to occur. Thereby, the Court's judgment on behalf of the State will have practical value, contributing to deterring, preventing and combating crime in general and the crime of property robbery in particular.

CONCLUDE

Property robbery is a historical crime, a negative phenomenon of society, it has been evolving in a complicated manner and causing serious consequences for the country's economic and social life, affecting political security, social order and safety, and at the same time it is a major obstacle to the cause of industrialization and modernization of the country, therefore, preventing and combating property robbery is a very important task not only for the agencies with the function of fighting and combating this type of crime but also the task of the whole community and each citizen. To achieve the above goal, it is necessary to first grasp the provisions of the law on the crime of property robbery as well as the handling policy of the Penal Code for this crime, at the same time, building, supplementing and perfecting the legal system related to the fight against this type of crime is a necessary task today.

Researching the topic " Property robbery crime according to the Vietnamese Criminal Code based on data from Ho Chi Minh City in the period 2008 - 2012 ", the author draws some conclusions as follows:

In recent years, property robbery has become quite common, becoming more complicated with increasingly sophisticated and cunning tricks.

Analyzing the concept, legal signs and handling methods of the Vietnamese Criminal Law on the Crime of Property Robbery allows us to have a clearer and more complete understanding of the characteristics and legal nature of the Crime of Property Robbery, the high danger and strict punishment of the Crime of Property Robbery as well as the prevention requirements for this crime.

The analysis to clarify the difference between the Crime of Property Robbery and other crimes allows us to have a clearer and more complete understanding of the characteristics and social dangers of the Crime of Property Robbery as a basis to clearly distinguish the Crime of Property Robbery from other crimes.

Before the Penal Code, the crime of robbery was regulated very early in the state's criminal law and was systematized and completed in two Ordinances.

dated October 21, 1970 on the punishment of crimes against Socialist property and crimes against private property of citizens. The provisions on the crime of robbery in this period have outstanding advantages and meet the requirements and tasks of fighting and preventing crime. However, the changing political - economic - social life requires the law to be adjusted accordingly. The 1985 Penal Code, the 1999 Penal Code, and other amended and supplemented documents have helped the implementation and application of the Law to be clearer and more accurate.

The unified application of the 1999 Penal Code is one of the important solutions to prevent and combat the crime of property robbery more effectively. The thesis proposes some ideas as follows:

- Reduce the age of majority: Recognize 16-year-olds as adults so that they have more power, action and real participation in resolving social relationships and adolescence is from 12 to 14 years old.

- Clause 1, Article 136 of the 1999 Penal Code, needs to specify the provisions: what is the crime of robbery, should not be described generally as: "Anyone who snatches another person's property".

- For the framing circumstances of "causing serious consequences", "causing very serious consequences", "causing especially serious consequences", they should be clearly and specifically stipulated in the crime composition of the Crime of Property Robbery or should not be stipulated in the crime composition of the Crime of Property Robbery.

With the aim of further understanding the crime of property robbery, I hope that the research results of the thesis can be used as reference material in the scientific research of criminal law, and at the same time can practically serve the work of fighting and preventing crime in the coming time. I believe that, with the direction of the Party, the determination of the State, the consensus of the people in the coming time, the crime of property robbery will definitely be prevented, repelled and eventually eliminated from social life.

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