In the trial of criminal cases, the Court continues to improve the quality of the trial of criminal cases, meeting the requirements of the fight against crime in the current situation. The People's Court sector needs to do a good job of fostering and training professional skills and improving the political capacity of the team of cadres, judges, and people's assessors; summarize trial practices and guide the unified application of the law throughout the sector; strengthen coordination with the prosecution agencies in guiding the application of the law as well as in the process of resolving cases; and continue to implement judicial reform tasks.
Chapter 3 Conclusion
In Chapter 3 of the Thesis, the focus is on analyzing the shortcomings of criminal law as well as the difficulties in the practical application of criminal law to the stages of committing crimes, thereby boldly proposing some recommendations for amendments to improve the provisions of criminal law related to the stages of committing crimes in general. In addition, the thesis also studies the specific characteristics of Da Nang city to propose some specific solutions to improve the effectiveness of law enforcement to the stages of committing crimes in Da Nang city in particular.
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CONCLUDE
The study of the master's thesis topic " The stages of committing crimes according to Vietnamese criminal law from the practice of Da Nang city " allows to draw some general conclusions as follows:
Intentional crime, like any human activity in society, takes place in a certain process. The person who intentionally commits a crime always wants to complete the entire process to achieve his or her goal. But in reality, there are cases where, due to unintended reasons, the offender cannot complete the entire process and must stop at different times. In order to assess the level of crime and thereby have a basis for determining the scope of criminal responsibility of the offender, ensuring fairness in law enforcement, Vietnamese Criminal Law as well as many countries in the world have provisions on the stages of crime, including the following stages: preparation for crime, attempted crime and completed crime. The stages of crime are steps in the process of committing a crime by direct intention. The basis for determination is the factors related to the social danger of the criminal act, the time of termination of those acts, as well as the level of implementation of the criminal intention of the subject. In the stages of crime, preparation for crime and attempted crime are considered unfinished crimes (distinguished from completed crimes). The regulation of the stages of crime is to create a basis for determining the acts considered crimes, helping the authorities have a legal basis to handle acts that cause damage, threaten to cause damage to social interests that need to be protected, contributing to the fight against crime to achieve high results, as well as to differentiate criminal responsibility and individualize the punishment of criminals with grounds, accuracy and in accordance with the law.
ensure the principles of rule of law, equality and fairness in Vietnamese criminal law.
Although the stages of committing a crime were recorded in the 1985 Vietnamese Penal Code, then continued to be regulated in the 1999 Vietnamese Penal Code, and then the amendment and supplement to the 1999 Vietnamese Penal Code (in 2009) did not change this content, however, the General Part of the Code has not yet provided a complete and accurate concept of the stages of committing a crime, its forms as well as specific regulations on criminal responsibility for crimes at the stages of preparing to commit a crime and attempted crimes. At the same time, in the current Penal Code, the regulations on the penalty framework for crimes at these two stages have also shown many unreasonable things that need to be adjusted. Moreover, in terms of state documents, the resolutions guiding the application of the General Part of the Penal Code rarely mention the implementation of unfinished crimes.
Practice shows that in the investigation, prosecution and trial of incomplete crimes, very few cases are handled, accounting for only a very small proportion compared to the total number of acts in this stage in reality. In practice, investigation, prosecution and trial also show that many cases are ignored or mistakenly identified by law enforcement agencies in determining the circumstances showing that the person has acted in preparation for committing a crime and has not yet committed a crime.
Currently, due to certain conditions, law enforcement agencies and courts do not have specific and accurate statistics on uncompleted crimes. Specifically, how many cases occur each year, how many cases are decided right or wrong, and the ratio between uncompleted crimes and completed crimes are not fully reported or statistically recorded. For these reasons, the author's research on this topic also encountered many difficulties, and the author did not have many
specific figures, but only assess this situation through statistical methods and random evaluation of criminal judgments of the Court, as well as research from different sources. Therefore, it is inevitable that there are shortcomings.
In fact, if an uncompleted crime is not detected and brought to trial in a timely manner, the (completed) crime will be committed, causing extremely serious consequences. As a result, the fight against and prevention of crime by criminal justice agencies faces many difficulties. For these reasons, it shows that law enforcement agencies and the Court need to do better and more specifically in criminal statistics and systematize criminal acts according to stages. Therefore, this thesis contributes to solving a number of theoretical and practical issues surrounding the stages of committing crimes according to Vietnamese criminal law, more or less contributing to perfecting Vietnamese criminal law, protecting the rights and legitimate interests of citizens, and improving the effectiveness of the fight against and prevention of crime.
Currently, Vietnam is integrating strongly and deeply into the international community, so the issue of perfecting the legal system in general and criminal law in particular to be consistent with the legal system in the world is necessary and urgent. Therefore, Vietnamese criminal law needs to selectively absorb foreign legislative experiences, draw on practical experiences, and attract dedicated contributions from scientists. From there, we will have a complete, synchronous, unified legal system, ready to respond to any obstacles on the path of development. Therefore, Vietnamese criminal law science must continue to conduct more in-depth research, setting new requirements in the fight against crime as well as the work of building and defending the country. Step by step, build and perfect the Vietnamese legal system as the Party's goal:
Building and perfecting a synchronous, unified and feasible legal system
implementation, publicity, transparency, focusing on perfecting the socialist-oriented market economic institution, building a socialist rule-of-law State of Vietnam of the people, by the people and for the people; fundamentally innovating the mechanism for building and implementing laws; promoting the role and effectiveness of laws to contribute to social management, maintaining political stability, economic development, international integration, building a clean and strong State, implementing human rights, freedom and democracy of citizens, contributing to making our country an industrialized country in a modern direction by 2020 [6].
LIST OF REFERENCES
1. Le Cam (2000), Monographs on the General Part of Criminal Law, Volume III, People's Police Publishing House, Hanoi.
2. Le Cam (Editor-in-Chief) (2003), Vietnamese Criminal Law Textbook (General Part) , Hanoi National University Publishing House.
3. Le Van Cam (2005), Postgraduate monograph: Basic issues in criminal law science (General part) , Hanoi National University Publishing House, Hanoi.
4. President of the Democratic Republic of Vietnam (1967), Ordinance on the Punishment of Counter-Revolutionary Crimes, Hanoi.
5. President of the Democratic Republic of Vietnam (1970), Ordinance on the punishment of crimes against private property of citizens , Hanoi.
6. Communist Party of Vietnam (2005), Resolution No. 48-NQ/TW dated May 24 of the Politburo on judicial reform strategy to 2020 , Hanoi.
7. Communist Party of Vietnam (2005), Resolution No. 49-NQ/TW dated June 2 of the Politburo on the strategy for building and perfecting the Vietnamese legal system by 2020 , Hanoi.
8. Tran Van Duom (1995), “Chapter VII – Part Two”, Vietnamese Criminal Law Textbook ( General Part ), Police University.
9. Dinh Bich Ha (2007), Criminal Code of the People's Republic of China , Justice Publishing House, Hanoi
10. Nguyen Ngoc Hoa (Editor-in-Chief) (1997), Vietnamese Criminal Law - Theoretical and practical issues , People's Police Publishing House, Hanoi
11. Vu Duc Manh, (2015), Incomplete crimes under Vietnamese criminal law, Faculty of Law, Vietnam National University, Hanoi.
12. Hoang Duc Ngoc (2010), Some theoretical and practical issues on crime
not achieved according to Vietnamese criminal law , Master's thesis in law, Faculty of Law, Vietnam National University, Hanoi.
13. Cao Thi Oanh (2010), Crime composition and the problem of determining the stage of crime , Hanoi Law University, Hanoi
14. National Assembly (1985), Criminal Code , Hanoi
15. National Assembly (1999), Criminal Code , Hanoi
16. National Assembly (2009), Penal Code (amended and supplemented) , Hanoi.
17. Dinh Van Que (2000), Scientific commentary on the 1999 Penal Code - General part , Ho Chi Minh City Publishing House.
18. Le Thi Son (1999), Some issues on stages of crime , In the book: Vietnamese Criminal Law - Theoretical and practical issues, People's Police Publishing House, Hanoi
19. Le Thi Son (2000), On criminal responsibility for acts of preparing to commit a crime and attempted crime , Journal of Law.
20. Supreme People's Court (1976), Systematization of Criminal Law , Volume 1 (1945 - 1975), Hanoi
21. Supreme People's Court (1986), Resolution No. 02-HDTP dated January 5, 1986 of the Council of Judges of the Supreme People's Court on "Guidelines for the application of a number of provisions of the Penal Code" (Section III - Preparation for committing a crime and attempted crime) , Hanoi.
22. People's Police University (1995), Vietnamese Criminal Law Textbook (General Part) , Hanoi.
23. Hanoi Law University (2010), Vietnamese Criminal Law Textbook , People's Police Publishing House, Hanoi
24. Hanoi Law University (2011), Criminal Code of the Russian Federation , People's Police Publishing House, Hanoi.
25. Nguyen Thi Tuyet (2014), Some issues on attempted crimes, Journal
Procuracy, Supreme People's Procuracy.
26. Dao Tri Uc (2000), Vietnamese Criminal Law (Volume I General Issues) , Social Sciences Publishing House, Hanoi.
27. Trinh Tien Viet and Doan Ngoc Xuan (2003), Perfecting the provisions of the Penal Code related to crimes and criminal liability , Journal of Legal Democracy (October 31)
28. Trinh Tien Viet (2008), Continuing to perfect the provisions of the Criminal Code in response to the country's new requirements , People's Court Magazine, (14).
29. Trinh Tien Viet (2009), On attempted crimes and some other forms of crimes in the process of committing crimes , Science, (Journal of Law).
30. Trinh Tien Viet (2009), Journal of Science, Vietnam National University, Hanoi,
Jurisprudence, (25).
31. Trinh Tien Viet (2013), Crime and criminal responsibility , National Political Publishing House, Hanoi.
32. Vo Khanh Vinh (1994), The principle of fairness in Vietnamese criminal law, People's Police Publishing House, Hanoi.
33. Vo Khanh Vinh (2002), Vietnamese Criminal Law, General Part (Postgraduate Textbook , Social Sciences Publishing House, Hanoi
34. Ho Thanh Vinh (2014), Some theoretical and practical issues on unfinished crimes under Vietnamese criminal law , Faculty of Law, Vietnam National University, Hanoi.