The budget revenue in the area is higher year after year, the educational level of the people is raised every year, however, compared to the whole country, Thanh Hoa is still a poor province, the main production in the province is agriculture, forestry and fishery, industrial production is still small. Therefore, the average income per capita is low, the unemployment rate is high, the speed of social stratification and the gap between rich and poor in the renovation process is happening quickly, especially between urban and rural areas, between the lowlands and the mountains, between the plains and the midlands, between agriculture and industry...
The above mentioned geographical, compositional and population issues are not only basic favorable factors for socio-economic development, but also favorable factors for the development of various types of crime. In recent years, criminal activities in Thanh Hoa province have had many complicated developments, both in criminal, economic and drug crimes. Among them, crimes committed by minors account for a significant number; especially concentrated in some densely populated cities and towns.
With the above situation, law enforcement agencies in Thanh Hoa have issued many documents, plans and measures to mobilize forces to fight against crime. Most sectors, levels, forces and the masses are aware of participating in the fight and denouncing crime. However, there is a small group that believes that the fight against crime is the responsibility of law enforcement agencies, and people's awareness of self-prevention is still limited; thus, it has created loopholes for criminals to operate easily. In particular, criminal crimes are tending to be "younger", many agencies and organizations must get involved to come up with optimal prevention plans, in order to maintain order in the province.
2.2. The situation of juvenile offenders in Thanh Hoa province
In recent years, all levels and sectors of Thanh Hoa province have had many solutions to strengthen the fight against and prevent crime in the province.
new situation. Thereby, clearly identifying the responsibilities of each sector and each level to maintain political security - social order and safety in the province. However, the crime situation still tends to increase and become more complicated, the nature and level are increasingly serious. The consequences caused by crime to society are making the masses extremely worried.
The survey collected data on the criminal situation occurring in Thanh Hoa province that was brought to trial in recent years (Table 2.1).
Table 2.1: Crime statistics in Thanh Hoa province from 2009 - 2013
Year
Acceptance | Handle | |||
Number of cases | Number of Defendants | Number of cases | Number of Defendants | |
2009 | 1073 | 1709 | 938 | 1528 |
2010 | 1298 | 2143 | 1228 | 1997 |
2011 | 1613 | 2854 | 1384 | 2633 |
2012 | 1714 | 3468 | 1711 | 3449 |
2013 | 1831 | 3452 | 1812 | 3435 |
Total | 7529 | 13626 | 7073 | 13042 |
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Source: Thanh Hoa Provincial People's Court.
The statistics table shows that the number of criminal cases has increased over the years. In 2009, there were 1073 cases, then in 2010 there were 1298 cases (an increase of 225 cases compared to 2009); in 2011 there were 1613 cases, then in 2012 there were 1714 cases (an increase of 101 cases compared to 2011); in 2013 there were 1831 cases (an increase of 117 cases compared to 20012; an increase of 758 cases compared to 2009);
The number of defendants also tends to increase and decrease over the years and follows the same pattern as the increase in the number of criminal cases. In 2009, there were 1,709 defendants, but in 2010 there were 2,143 defendants (an increase of 434 defendants compared to 2009); In 2011, there were 2,854 defendants, but in 2012, there were 3,468 defendants (an increase of 614 defendants compared to 2010). In 2013, there were 3,452 defendants (a decrease of 16 defendants compared to 2012; an increase of 1,743 defendants compared to 2009).
From the analysis of the above data, it can be seen that the number of cases and the number of defendants involved have increased significantly in each statistical year. At the same time, through the analysis of case files, the nature and level of crimes are increasingly serious, the methods of crime are increasingly sophisticated and cunning, and gangs are forming that operate in a mafia-like manner, such as drug crimes, crimes against life and health, property, social evils, etc., requiring judicial agencies to have synchronous, close coordination and effective operations to gain the trust and support of the masses if possible to limit the increase in crime.
The situation of criminal offenses committed by minors is not separate from the development of the general crime situation. According to statistics from 2009 to 2013, crimes committed by minors increased and decreased without following any rules (Table 2.2).
Table 2.2: Statistics of juvenile crimes in Thanh Hoa province from 2009 - 2013
Year
Total number of cases | Total number of defendants | |
2009 | 42 | 45 |
2010 | 15 | 18 |
2011 | 78 | 101 |
2012 | 101 | 119 |
2013 | 72 | 83 |
Total | 308 | 366 |
Source: Thanh Hoa Provincial People's Court.
Comparing Table 2.1 and Table 2.2, we see that the number of criminal cases committed by minors and the number of defendants involved have increased gradually over the years.
Survey results on crime characteristics, circumstances, and personal background of juvenile offenders brought to trial from 2009 to 2013 (see table 2.3).
Table 2.3: Statistics of juvenile crime cases brought to trial from 2009 - 2013
Charge
Law | Trial | ||||||||||||
Total new trials | From 14 age up to 16 year old | Female | First time offender | Dropped out of school | Hike | Complicity with parents | Complicity with adults | Have a parent who is an employee | Having a parent who is a Party member | Parents divorced | No more parents | ||
Intentionally causing injury or harm for the health of others | 104 | 44 | 7 | 4 | 42 | 36 | 2 | 4 | 21 | 18 | 16 | 14 | 1 |
Child rape | 111 | 2 | 2 | 1 | |||||||||
Robbery | 133 | 41 | 3 | 39 | 9 | 17 | 15 | 13 | 9 | ||||
Extortion | 135 | 13 | 13 | 2 | 7 | 6 | 5 | 4 | |||||
Robbery | 136 | 14 | 1 | 1 | 13 | 2 | 9 | 4 | 3 | 2 | 1 | ||
Theft of property | 138 | 119 | 1 | 11 | 102 | 25 | 12 | 25 | 34 | 30 | 21 | 2 | |
Fraudulent appropriation of property | 139 | 8 | 6 | 2 | 4 | 3 | 1 | ||||||
Destruction or intentional damage to property | 143 | 8 | 7 | 5 | 2 | 3 | 3 | 3 | |||||
Illegal storage, transportation and trading narcotics | 194 | 22 | 22 | 2 | 9 | 8 | 2 | ||||||
Violation of regulations on GTDT | 202 | 10 | 1 | 10 | 6 | 5 | |||||||
Disturbing public order | 245 | 4 | 4 | 2 | |||||||||
Gamble | 248 | 5 | 4 | 4 | 2 | 2 | |||||||
Resisting law enforcement officers | 257 | 2 | 2 | 1 | 1 | ||||||||
Total | 13 | 292 | 13 | 16 | 266 | 81 | 14 | 7 | 91 | 101 | 88 | 53 | 5 |
Source: People's Court of Thanh Hoa Province .
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A deep study of the motives, purposes, and nature of common crimes committed by minors shows that:
- Among the crimes committed by minors mentioned above, the crime with the highest rate is theft . This crime often occurs at night, often without careful study of the victim's travel and living habits, and when they see a loophole in protecting property, they immediately commit theft. The stolen property is very diverse but the value is often not large, the crime method is often simple, less sophisticated than the crime committed by adults, the stolen property is taken to be consumed not far from the place of theft so it is easy to detect and confiscate. However, there are cases of theft of property of small value but the behavior is very reckless.
- Crime of intentional injury: criminal acts stem from minor conflicts that are not resolved or from collisions while riding bicycles or motorbikes due to excessive teasing, or in some cases due to being drunk and not being able to control oneself, leading to scuffles, fights and injuries.
- After intentional injury is robbery . In recent years, in Thanh Hoa province, the number of people brought to trial for this crime has increased. This type of crime accounts for a relatively high percentage of juvenile offenders. This is a serious crime committed by juveniles, creating bad public opinion in society. The act of robbery is mainly to appropriate property for personal purposes such as shopping for clothes, playing the Internet, etc. In addition, the crime of illegally storing, transporting and trading in drugs also accounts for a high percentage. Along with the development of society, drug crimes in the country in general and Thanh Hoa province in particular have also developed strongly, especially synthetic drugs. In recent years, many minors have committed drug crimes such as storing for use, or transporting for hire, buying and selling drugs to get money for drug use...
- The last of the crimes committed by minors that we will mention is Child Rape , this is one of the serious crimes that minors have to face, most of the crimes in this category are due to the influence of adult culture, the influence of "sex" movies.
are being circulated in the market with negative impacts of many aspects such as drug addiction, karaoke containing prostitution... Crimes of child rape and juvenile delinquency are also worthy of concern for families and society. Due to the spread of harmful cultural products and poor management of families, schools and social organizations, minors have committed acts of child molestation that were previously only committed by adults . This is also a problem that shows the lack of attention and education from families and society towards children, leading to children committing crimes due to lack of understanding of the law or disregard for the law.
Through the above analysis, we see that in terms of social factors, family and living environment, most of the children commit crimes because they are lazy to study and practice, like to enjoy and compete, want to show off their personality and do not have the correct awareness of their behavior and the consequences they cause.
* Personal characteristics of juvenile offenders:
Through a survey of the current situation of criminal offenses committed by minors in Thanh Hoa province from 2009 to 2013, the following characteristics emerged:
- Regarding gender: Minors who committed crimes in the past 5 years in Thanh Hoa province are mainly male, female accounts for a low proportion (16/292 cases). Most of the female criminals are due to family circumstances such as parents divorced, father (mother) died, father (mother) remarried, parents committed crimes and went to reform school... so they are discouraged and pessimistic in life, leading to the path of crime. Besides, male criminals always have strong, bold personalities, love adventure, risk taking,
Hyperactivity, along with lax family management and education, when exposed to negative conditions, can easily lead to criminal behavior. On the contrary, teenage girls are often shy and reserved, so the conditions leading to crime are much less than for boys.
- Regarding age: In recent years, the crime situation in the country in general and in Thanh Hoa province in particular has tended to become younger. According to statistics from Thanh Hoa Provincial Police, about 70% of crimes are committed by people between the ages of 14 and 30.
* Judicial characteristics:
Through a survey of juvenile offenders in Thanh Hoa province in the past five years (2009 - 2013), it was found that most of them were committing crimes for the first time. The research results showed that the number of juveniles who had been punished (had a criminal record) and now continued to commit crimes, the acts that had been punished before were often less serious, the level of punishment was light, while for serious crimes, the level of punishment (punishment) was higher, so by the time they finished serving the punishment, they were no longer minors.
Research on juvenile offenders in Thanh Hoa province also found some outstanding characteristics: most of the offenders are in difficult circumstances, many have dropped out of school, and the majority of them run away from home and wander. This is an environment where negativity can easily arise.
Therefore, based on the research on the personal characteristics of juvenile offenders, we can somewhat generalize that this is a group of subjects with psychological and physiological characteristics that are forming and developing, with little ability to overcome difficult circumstances, complex environments, and are easily enticed and incited. In fact, at first, they often commit less serious crimes, causing little consequences for society. However, if not prevented in time, the nature of the crime will become more and more serious, and the consequences will be more severe. Due to
Therefore, creating a healthy living and learning environment for children is the responsibility of the family, school and the whole society.
In summary, the research results over the past 5 years (2009 - 2013) show that the situation of juvenile crime in Thanh Hoa province is very complicated, with an increasing trend. Crime occurs in many areas, but is concentrated in urban areas, towns and densely populated areas. The cause of crime also comes from the fact that the juveniles do not study and practice, and are negatively affected by the market economy and the process of international integration. On the other hand, it is also due to the lack of attention and close coordination between families, schools and society. Therefore, leaders at all levels of Thanh Hoa province must propose synchronous solutions, with close coordination between agencies, departments, especially the agencies conducting the proceedings, including the People's Courts at all levels.
2.3. Current status of law application in first instance trials of juvenile offenders by the People's Court in Thanh Hoa province
2.3.1. Overview of the organization of the People's Court in Thanh Hoa province
In recent years, Thanh Hoa has been making changes in many areas. That change is consistent with the development trend and international integration, the work of education to improve professional and cultural qualifications in general for cadres in the province has been interested and focused on in all sectors, including cadres of the Court sector. To ensure that ADPL activities in first instance trials in general and first instance trials of juvenile offenders of the People's Court of Thanh Hoa province in particular are of high quality and effective, the consolidation of the organizational apparatus is a very important and meaningful task. When it comes to organizational work, in the end, it is about people, who are the direct subjects of ADPL activities in first instance trials. According to President Ho Chi Minh: Cadres are the root of all work, the success or failure of work depends on good or bad cadres.