VIETNAM ACADEMY OF SOCIAL SCIENCES VIETNAM ACADEMY OF SOCIAL SCIENCES
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NGUYEN THI THANH HA
CRIME OF USING COMPUTER NETWORKS, TELECOMMUNICATION NETWORKS, ELECTRONIC MEANS TO COMMIT APPROPRIATION
ASSETS FROM HO CHI MINH CITY PRACTICE
Industry: Criminal law and criminal procedure Code: 8.38.01.04
SCIENTIFIC INSTRUCTOR DR. PHAN ANH TUAN
COMMITMENT
I hereby declare that this is my own scientific research work. The data cited in the thesis ensures reliability, accuracy and honesty. The scientific conclusions of the thesis have never been published in any other work.
Thesis author
Nguyen Thi Thanh Ha
LIST OF ABBREVIATIONS
Criminal Code Criminal Code
BLTTHS Criminal Procedure Code
IT Information Technology
People's Court People's Court Supreme People's Court Ho Chi Minh City Ho Chi Minh City
Standing Committee of the National Assembly Standing Committee of the National Assembly People's Procuracy People's Procuracy Supreme People's Procuracy
INDEX
INTRODUCTION 1
Chapter 1: THEORETICAL ISSUES AND VIETNAMESE CRIMINAL LAW ON THE CRIME OF USING COMPUTER NETWORKS, TELECOMMUNICATION NETWORKS, AND ELECTRONIC MEANS TO COMMIT THE ACTS OF PROPERTY APPROPRIATION
PRODUCT 8
1.1. Theoretical issues on the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation 8
1.2. History of provisions of Vietnamese criminal law on the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation 27
1.3. Provisions of criminal law in some countries on the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation 32
Chapter 2: PRACTICAL APPLICATION OF REGULATIONS ON THE CRIME OF USING COMPUTER NETWORKS, TELECOMMUNICATION NETWORKS, AND ELECTRONIC MEANS TO COMMIT THE ACTS OF PROPERTY APPROPRIATION IN THE CITY
HO CHI MINH 38
2.1. Overview of the trial of the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation in the area
Ho Chi Minh City 38
2.2. Practice of determining the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation in Ho Chi Minh City 41
2.3. Practice in deciding on penalties for the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation
in Ho Chi Minh City 50
2.4. General assessment of the practical application of criminal law on the crime of using computer networks, telecommunications networks, and electronic means to commit acts
appropriation of property in Ho Chi Minh City 59
Chapter 3: REQUIREMENTS AND SOLUTIONS TO ENSURE PROPER APPLICATION OF CRIMINAL LAW ON THE CRIME OF USING COMPUTER NETWORKS, TELECOMMUNICATION NETWORKS, AND ELECTRONIC MEANS TO COMMIT ACTS
ASSET APPROPRIATION 67
3.1. Requirements to ensure correct application of criminal law on the Crime of using computer networks, telecommunications networks, and electronic means to commit acts
appropriation of property 67
3.2. Some solutions to ensure correct application of criminal law on the crime of using computer networks, telecommunications networks, and electronic means to commit crimes
misappropriation of property 70
CONCLUSION 79
LIST OF REFERENCES 81
APPENDIX 85
INTRODUCTION
1. Urgency of the topic
Using computer networks, telecommunications networks, and electronic means to commit property appropriation is the act of a person using a computer network, telecommunications network, or electronic means to appropriate property of an agency, organization, or individual. On November 27, 2015, the National Assembly passed the Penal Code No. 100/2015/QH13, which stipulates that the act of using computer networks, telecommunications networks, or electronic means to commit property appropriation is a crime - stipulated in Article 290 of the Penal Code, and by 2017, the name of the article was still kept the same as the Penal Code of 2015.
Previously, the crime of using computer networks, telecommunications networks, and electronic devices to commit acts of property appropriation - was regulated in Article 226b of the 1999 Penal Code, amended and supplemented in 2009 (hereinafter referred to as the 1999 Penal Code) under the name Crime of using computer networks, telecommunications networks, the Internet, or digital devices to commit acts of property appropriation and was guided in Joint Circular No. 10/2012/TTLT-BCA-BQP-BTP-BTT&TT-VKSNDTC-TANDTC of the Ministry of Public Security,
The Ministry of National Defense, the Ministry of Justice, the Ministry of Information and Communications, the Supreme People's Procuracy, and the Supreme People's Court on September 10, 2012 on guiding the application of the provisions of the Penal Code on a number of crimes in the field of information technology and telecommunications. Currently, the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation is regulated in Article 290 of the Penal Code 2015, amended and supplemented in 2017 (hereinafter referred to as the Penal Code 2015) but there is no guiding document.
According to statistics, from 2016 to 2020, in Ho Chi Minh City, there were 760 cases with 334 defendants committing crimes of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation. Through research on the practice of adjudicating cases and legal provisions on the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation in Ho Chi Minh City, the author found that there are still many different views on the application of the law to determine objective behavioral signs and signs of conviction of this crime, as well as current difficulties and obstacles.
that the prosecution agencies encounter when handling this criminal offense. Therefore, studying trial practices to improve and guide the application of the law to the crimes specified in Article 290 of the current Penal Code is extremely necessary and important.
Based on that basis, the author decided to choose the topic: " Crime of using computer networks, telecommunications networks, electronic means to commit acts of property appropriation from the reality of Ho Chi Minh City " as the topic of the master's thesis research, which is urgent in terms of theory and practice.
2. Research status related to the topic
Research works on the crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation are currently very limited and there is no research work that is focused, complete, and unified. Research works on crimes under Article 290 of the Penal Code that have been published include the following:
* Group of textbooks of training institutions such as:
- Hanoi Law University (2015), “ Vietnamese Criminal Law Textbook, Volume II ”, People's Police Publishing House;
- Hanoi Law University (2015), " Computer crime prevention and investigation textbook" , Information and Communication Publishing House;
- Ho Chi Minh City University of Law (2016), " Textbook of Vietnamese Criminal Law (Part of crimes - Volume 2)" , Hong Duc Publishing House - Vietnam Lawyers Association
- Judicial Academy (2011) “ Vietnamese Criminal Law Textbook ”, Judicial Publishing House;
These textbooks provide basic theoretical knowledge about the legal signs of the Crime of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation as a reference basis for research dissertations on the theory and provisions of criminal law on this crime.
* The group of books commenting on the Criminal Code and monographs related to the content of the topic can include:
- Nguyen Duc Mai and co-authors (2010), “ Scientific commentary on the 1999 Penal Code, amended and supplemented in 2009, section on crimes ”, National Political Publishing House;
- Pham Van Loi and co-authors (2007), “Crime in the field of information technology”, Justice Publishing House, Hanoi. This work mainly studies some characteristics of Information Technology (IT) crimes in general.
- Tran Minh Huong and co-authors (2009), "Scientific commentary on the Penal Code amended and supplemented in 2009, volume I" , Labor Publishing House;
The above books mainly focus on analyzing the legal signs of the crime of using computers, telecommunications networks, and electronic devices to commit property appropriation, and general theories on determining the crime. This is an important reference document for the thesis when studying the legal signs and theories on determining the crime of using computers, telecommunications networks, and electronic devices to commit property appropriation according to the Vietnamese Criminal Law.
* Group of articles in specialized journals related to the topic can be mentioned as:
- Dang Trung Ha (2009), “Information technology crimes and the difference between information technology crimes and ordinary crimes” , Democracy & Law Magazine No. 3/2009, the article mainly compares high-tech crimes with ordinary crimes.
- Le Dang Doanh (2006), “On defining the crime of making or using fake credit cards or other types of cards to purchase goods or withdraw money at bank ATMs”, People's Court Magazine No. 17/2006;
- Le Dang Doanh (2006), " The current situation of high-tech fraud and property appropriation crimes and some solutions to combat and prevent this crime in Vietnam under the conditions of WTO integration", People's Court Magazine No. 24/2006;
- Pham Minh Tuyen (2013), “ Some problems and measures to handle crimes in the field of information technology and telecommunications in Vietnam ”, Inspection Magazine, No. 23/2013;