Total Number of Cases and Defendants Tried by Court for Illegal Racing in 10 Years (2001-2010)

The Court prosecuted and tried Do Trong Duc and Pham Quang Vu for illegal racing under Point d, Clause 2, Article 207 of the Penal Code, because these defendants had been administratively punished for speeding, weaving, and swerving. When committing this crime, the time limit had not yet expired, which was considered not to have been administratively punished, and the defendants' actions occurred in a densely populated area, so the circumstances of the sentencing framework were well-founded. As for the other defendants, who had not been administratively punished for weaving, weaving, and speeding, they only caused disorder on the streets, so they were only prosecuted for disturbing public order under Clause 1, Article 245 of the Penal Code, which was well-founded (Dau Tran Le, Nguyen Le Hao, Luyen Duc Quan, and Bui Quynh Le were the subjects who received suspended sentences in this case for disturbing public order, not for illegal racing).

2.3.2 Situation of trial of illegal racing crime

From the general comments mentioned above, through the statistics of the Supreme People's Court on the situation of trying illegal racing crimes in our country in the period of 10 years (2001-2010), it shows that:

First , about the total number of cases, the total number of defendants tried by the Court of First Instance for illegal racing in 10 years (2001-2010):

Table 2.6: Total number of cases and defendants tried by the Court for illegal racing in 10 years (2001-2010)

Year

Number of cases to be tried		Number of cases tried		Number returned to the Procuracy
Number of cases	Number of defendants	Number of cases	Number of defendants	Number of cases	Number of defendants
2001	07	20	05	16	01	01
2002	07	13	05	09	02	04
2003	01	17	01	17	0	0
2004	04	17	04	17	0	0

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05	10	03	06	02	04
2006	04	17	03	16	01	01
2007	02	21	02	21	0	0
2008	05	18	04	11	01	7
2009	05	07	03	05	01	01
2010	02	02	0	0	02	02
Total:	42	142	30	118	10	20

2005

Source : Supreme People's Court .

Looking at table 2.6 shows:

- In 10 years (2001-2010), the number of cases to be tried for illegal racing was 42 cases and 142 defendants; the number of cases tried was 30 cases and 118 defendants; of which the number of cases returned to the Procuracy was 10 cases and 20 defendants.

- In 10 years (2001-2010), the average number of cases to be tried each year was 4.2 cases and 14 defendants for illegal racing. The year with the highest number of cases to be tried was 2001 and 2002 with 07 cases each year, the lowest year was 2003 with 01 case. The year with the highest number of defendants to be tried was 2007 with 21 defendants, the lowest year was 2010 with 02 defendants.

- In 10 years (2001-2010), the average number of cases returned to the Procuracy was 1 case/year and 2 defendants/year for illegal racing.

Table 2.7: Total number of cases and defendants tried by the Court for illegal racing in relation to crimes against public safety,

public order in 10 years (2001-2010)

Year

Crimes against public safety and public order					Crime of illegal racing
Number of cases to be tried		Number of cases tried		Number of cases to be tried		Number of cases tried
Number of cases	Number of defendants	Number of cases	Number of defendants	Number of cases	Number of defendants	Number of cases	Number of defendants

6,969	10,161	5,852	8,286	07	20	05	16
2002	7,509	11,289	6.243	9,042	07	13	06	09
2003	7,843	14,951	6,388	11,793	01	17	01	17
2004	10,887	20,931	9,179	16,735	04	17	04	17
2005	10,653	21,820	9,097	17,871	05	10	03	06
2006	11,542	22,952	10,272	19,699	04	17	03	16
2007	14,106	30,469	12,025	24,460	02	21	02	21
2008	13,844	31,327	11,843	25,796	05	18	04	11
2009	13,252	30,951	11,202	25,026	05	07	03	05
2010	11,167	25,997	10,125	22,663	02	02	0	0
TC:	107,772	220,848	92,226	181,371	42	142	30	118

2001

Source : Supreme People's Court . Looking at table 2.7 shows:

- In 10 years (2001-2010), the total number of cases and total number of defendants in the Courts

The number of cases and defendants that must be tried for crimes against public safety and public order is 107,772 cases and 220,848 defendants, so the total number of cases and total number of defendants of the Courts

The number of cases to be tried for illegal racing is only 42 cases and 142 defendants, accounting for a very small and almost insignificant proportion in the group of crimes against public safety and public order. Meanwhile, the total number of cases and the total number of defendants of the Courts

Of the 92,226 cases and 181,371 defendants tried for crimes against public safety and public order, the total number of cases and total number of defendants tried by the Courts for illegal racing were 30 cases and 118 defendants.

- In the 10 years (2001-2010), the year with the highest total number of cases brought to trial for crimes against public safety and public order was 2007 with

14,106 cases, and the year with the highest total number of defendants brought to trial for these crimes was 2009 with 30,951 defendants. Meanwhile, the year with the highest total number of cases brought to trial for illegal racing was 2001 and 2002 with 07 cases, and the year with the highest total number of defendants brought to trial for these crimes was 2007 with 21 defendants.

Third , regarding the total number of cases, the number of defendants tried by the Court for the crime of illegal racing in relation to the crimes of murder, intentional injury, intentional injury and resisting a person on official duty in the 10 years (2001-2010) is as follows:

Table 2.8: Total number of cases and defendants tried by the Court for illegal racing in relation to murder, intentional injury, public disorder and resisting officers in the performance of official duties in 10 years (2001-2010)

Thing

Charge	Number of trials		Number of cases tried		Number returned to the Procuracy
Charge	Number of cases	Number of defendants	Number of cases	Number of defendants	Number of cases	Number of defendants
Year 2001
Article 93	Killing	1,240	1,882	1,009	1,474	124	227
Article 104	Intentional injury	5.014	6,569	3,876	4,992	664	974
Article 245	Disturbing public order	743	1,618	601	1,268	104	251
Article 207	Illegal racing	07	20	05	16	01	01
Article 257	Resisting law enforcement officers	465	703	400	593	34	67
Year 2002
Article 93	Killing	1,278	2,164	1,021	1,394	133	466
Article 104	Intentional injury	4,910	6,453	3,993	5.128	565	768
Article 207	Illegal racing	07	13	05	09	02	04
Article 245	Disturbing public order	546	1,191	387	875	82	243
Article 257	Resisting law enforcement officers	492	784	423	659	44	84
2003
Article 93	Killing	1,563	2,692	1,183	1,843	181	432
Article 104	Intentional injury	5.525	7,367	4,339	5,563	608	935
Article 207	Illegal racing	01	17	01	17	0	0
Article 245	Disturbing public order	648	1,373	553	1.109	64	172
Article 257	Resisting law enforcement officers	527	680	467	725	29	68
2004
Article 93	Killing	1,372	3,377	1,351	2,425	195	559
Article 104	Intentional injury	6,369	9,210	5,096	7.201	678	1,090
Article 207	Illegal racing	04	17	04	17	0	0
Article 245	Disturbing public order	540	1,312	444	993	61	219
Article 257	Resisting the execution of justice	613	1,032	532	870	41	78

service
2005
Article 93	Killing	1,676	3.302	1,271	2,174	210	576
Article 104	Intentional injury	6.015	8,905	4,825	6,925	682	1,137
Article 207	Illegal racing	05	10	03	06	02	04
Article 245	Disturbing public order	467	1,428	374	1,084	51	209
Article 257	Resisting law enforcement officers	679	1,280	583	1,074	52	129
2006
Article 93	Killing	1,757	3,542	1,485	2,747	208	634
Article 104	Intentional injury	6,546	9,936	5,427	8,007	725	1,314
Article 207	Illegal racing	04	17	03	16	01	01
Article 245	Disturbing public order	415	1,395	338	1,029	53	259
Article 257	Resisting law enforcement officers	683	1,242	611	1,100	49	91
2007
Article 93	Killing	1,784	3,320	1,364	2,367	214	537
Article 104	Intentional injury	6,915	10,913	5,527	8,496	721	1,352
Article 207	Illegal racing	02	21	02	21	0	0
Article 245	Disturbing public order	405	1,454	320	938	61	403
Article 257	Resisting law enforcement officers	696	1,235	585	994	60	160
2008
Article 93	Killing	1,928	3,587	1,451	2,585	238	524
Article 104	Intentional injury	6,774	10,761	5,418	8,365	640	1.212
Article 207	Illegal racing	05	18	04	11	01	07
Article 245	Disturbing public order	353	1,333	288	1,004	40	194
Article 257	Resisting law enforcement officers	755	1,393	658	1,188	45	104
Year 2009
Article 93	Killing	1,619	3.211	1,266	2,332	175	539
Article 104	Intentional injury	7,664	12,561	6,049	9,592	691	1,321
Article 207	Illegal racing	05	07	03	05	01	01
Article 245	Disturbing public order	425	1,588	320	1,170	46	211
Article 257	Resisting law enforcement officers	882	1,573	751	1,246	51	151
Year 2010
Article 93	Killing	1.555	3,283	1,921	2. 487	217	660
Article 104	Intentional injury	6,840	11,277	5,758	9. 213	640	1 253
Article 207	Illegal racing	02	02	0	0	02	02
Article 245	Disturbing public order	462	1,764	384	1. 369	51	205
Article 257	Resisting law enforcement officers	812	1,470	721	1. 234	57	136

Source : Supreme People's Court . Looking at table 2.8 shows:

- In 10 years (2001-2010), every year, the total number of cases and defendants tried by the Court for murder and intentional injury accounted for a high percentage. Murder cases tried by the Courts at all levels every year were high (over 1,000 cases), the highest was in 2008 with a total of 1,928 cases and the highest total number of defendants was also in 2008 with 3,587 defendants. The crime of intentional injury that had to be tried was in 2009 with 7,664 cases and the highest total number of defendants was also in 2009 with 12,561 defendants.

- In the 10 years (2001-2010), the number of crimes against law enforcement officers that had to be tried increased gradually, especially from 2004 onwards. In 2004, the total number of cases that had to be tried was 613, in 2005 it was 679, in 2006 it was 683, in 2007 it was 696, in 2008 it was 755 and in 2009 it was 882.

- In 10 years (2001-2010), through research on crimes of disturbing public order and crimes of disturbing security (not listed in Table 2.3), we found that crimes of disturbing public order occurred rarely, some years there were none, however, on average there was about 01 case per year.

- In the 10 years (2001-2010), the number of cases returned to the Procuracy was still relatively high, especially murder and intentional injury. In 2008, there were 238 murder cases, 640 intentional injury cases, and in 2010, there were 217 murder cases and 660 intentional injury cases. The number of defendants was similar for these two types of crimes.

- In 10 years (2001-2010), the number of illegal racing crimes that the Court had to bring to trial each year was not much, the highest was in 2001 with 07 cases and 20 defendants, and in 2001 there were 07 cases and 13 defendants; in 2008 there were 05 cases with 18 defendants, in 2009 there were 05 cases with 07 defendants, in 2010 there were 02 cases with 02 defendants.

- In the 10 years (2001-2010), the year with the highest total number of cases brought to trial for illegal racing was 2001 and 2002 with 07 cases, and the year with the highest total number of defendants brought to trial for these crimes was 2007 with 21 defendants.

2.3.3. Some features of the criminological characteristics of the illegal racing crime situation

Thus, through analyzing the practice of trying illegal racing crimes in our country over a period of 10 years (2001-2010), we can draw out the criminological characteristics of this crime situation as follows:

* About structure

During the period 2001-1010, on average, only 34% of cases/9.6% [57] of illegal racing subjects were prosecuted annually. Of the cases and subjects of illegal racing that were prosecuted, trials for illegal racing accounted for only about 20% of cases and 35.5% of subjects.

The main reasons for this situation are:

First , we only criminally prosecute illegal racing acts at a significant level of danger. Illegal racing acts at a less significant level of danger are only handled by administrative sanctions.

Second , according to the provisions of Article 207 of the Penal Code, only illegal racing acts that cause damage to the health or property of others or have been administratively punished for this act or have been convicted of this crime but have not had their criminal records cleared and continue to violate are considered crimes. Cases of illegal racing that seriously affect public order and safety, but have not caused damage to the health or property of others or the racer does not have certain bad personal characteristics can only be prosecuted for other crimes (crime of disturbing public order; crime of resisting a person on duty...) but not prosecuted for the crime of illegal racing.

* About the nature

The seriousness of the illegal racing crime situation is reflected through a series of characteristics related to illegal racing behavior and illegal racing subjects.

Firstly, regarding the scale of illegal racing : The most characteristic feature of racing in general and illegal racing in particular is that there is always the participation of many subjects (in the form of accomplices), including the practitioner - that is, the person directly driving the motorbike, the people sitting behind the motorbike who shout, respond, encourage, urge and show an attitude of participating are also considered practitioners (illegal racers). Along with the behavior of the people directly racing, there are also many extremists on both sides of the race track cheering, shouting and responding. The cheering behavior of these subjects has increased the recklessness of the race controllers. In theory, the above behaviors are also accomplices of the crime of illegal racing, but in practice, these behaviors have not been handled (unless they use force to resist law enforcement officers, then they will be handled according to a separate crime). However, it is worth noting that the scale of illegal racing is increasing, both in terms of the number of vehicles and the number of racers and race cheerleaders.

Second, regarding the means of participation in illegal racing : Most illegal racing events nationwide take place between motorbikes and scooters, with up to 95% being large displacement vehicles. In addition, some racing events in which the subjects use cars as vehicles to participate in the race are not unique, which has increased the negative impact on the impulsive, competitive youth class, as well as creating bad public opinion among the people [18].

For example: On September 15, 2003, the People's Court of Ho Chi Minh City tried the case of "organizing illegal car racing, crime of disturbing public order".

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