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Criminal Code 2015: "A Crime: 1. Concept of Criminology

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0% found this document useful (0 votes)
22 views88 pages

Criminal Code 2015: "A Crime: 1. Concept of Criminology

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thanhyt004
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CONTENT 1: CONCEPT OF CRIMINOLOGY

1. Concept of criminology
- Article 8 of the Criminal Code 2015: "A crime is an act dangerous to society prescribed in
the Penal Code, committed intentionally or unintentionally by a person with penal liability
capacity or a commercial legal entity, infringing upon the independence, sovereignty, unity
and territorial integrity of the Fatherland, infringing upon the political regime, economic
regime, culture, national defense, security, social order and safety, lawful rights and interests
of the organization, infringing upon the human rights, legitimate rights and interests of
citizens, infringing upon other areas of the socialist legal order that must be criminalized in
accordance with the provisions of this Code".
- Criminology is the science whose task is to provide understanding of crime, different,
multidimensional and multifaceted explanations of this undesirable social phenomenon.It
helps to detect, record and fully evaluate what is considered to be the causes and conditions
of crime; develop and perfect a system of effective solutions to prevent, control, prevent and

⇒ Criminology is both a theory and theory of crime, both an organizational and


repel crime from social life on all macro as well as micro levels.

management science, and a system of consulting methods and practical applications to the
activities of agencies, organizations and individuals when facing crimes in any specific role:
legislative bodies when promulgating laws, enforcement agencies, applying laws, judges,
prosecutors, investigators, lawyers and each individual citizen.

2. Location of criminology
The determination of the position of science in the system of scientific disciplines today
also has many different views, in general, there are three main types of views:
– The first view holds that criminology is a legal science or even a part of criminal legal
science.
– The second view holds that criminology belongs to legal sociology or legal psychology.
– The third point of view is that criminology is an independent legal and social science.
The third point of view is more accurate because from the content, scope and nature of
the problems dependent on the research subjects of criminology presented above, only the
third point of view is all-encompassing because the phenomena that criminology studies are
both social and legal. For example: The criminal situation is both a social phenomenon and a
criminal law violation. The causes and conditions of the personal crime situation of the
offender are closely related to the legal consciousness, legal psychology... The crime
prevention system and prevention measures also have a legal basis; therefore, criminology
studies the above issues not only within the limits of legal science, the analysis of legal
relations but also in the field of sociology.
3. Functions of criminology: Criminology has the following three functions:

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– Description function: Criminology records and reflects the picture of the crime situation in
general and the situation of each crime group in the reality of social life.
– Interpretation function: Criminology not only describes to us a vivid picture of the criminal
situation in society but also explains and clarifies why crime occurs in reality but not
otherwise, that is, it must be studied to shed light on the causes and conditions of the criminal
situation, social phenomena and processes that have affected the crime. This function has the
role of checking whether the results of the description function are true or false.
– Forecasting function: On the basis of understanding the law of movement, of crime in
society, documents on the causes and conditions of the crime situation and documents on
factors and phenomena affecting crime. Criminology forecasts the future crime situation at
different levels and times.
4. The relationship between criminology and other sciences
● Criminology and the science of criminal law are closely related.
- Criminology uses the concepts given by the science of criminal law such as the concept of
crime, specific forms and types of crimes; offenders, recidivists..., and considers punishment
as one of the methods of crime prevention.
- Criminology provides the science of criminal law, lawmakers, officers applying the law,
knowledge about the situation, structure and evolution of the criminal situation in society, the
law of movement of criminals. The effectiveness of preventive measures including
punishment; predictions of the relative changes of the crime situation and its causes and
conditions in the future to help legislators regulate new crimes (criminalization) or abolish
crimes (decriminalization) as well as the introduction of appropriate sanctions including the
replacement of punishment with criminal impact measures.
● Criminology with the science of criminal procedure law
- The responsibility of the investigating agencies, procuracies and courts in the specific
criminal case is to find the causes and conditions leading to the commission of the crime.
This task is conducted while performing various tasks of criminal proceedings such as
interrogation, taking testimonies,etc.Criminology has provided the above-mentioned officials
and authorities with methods to determine the causes and conditions of that particular crime.
● Criminology with administrative law
- The administrative law stipulates violations and administrative impact measures to be
applied promptly for such violations that otherwise may lead to crimes. Criminologists study
the tasks and powers of organizational agencies in the field of administration, studying the
correlation of crime prevention with other law violations.
● Criminology vs Sociology
- Sociology studies social relations based on historical materialism. The data on the
distribution of population, labor, time to rest, study, conditions for formation of group
characteristics, society, personal formation, living conditions,etc. are very valuable in the

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study of criminology on juvenile crimes, causes of recidivism, crimes occurring in daily
life...
● Criminology with psychology
- The knowledge of psychology is essential in the study of the causes and conditions of
crime, especially in the discovery of the mechanism of specific criminal behavior. At the
same time, this knowledge also plays a key role in studying the identity of offenders and
classifying offenders.
● Criminology with education
- When studying crimes of adolescents, crimes occurring in daily life and proposing special
preventive measures, it is necessary to use the knowledge of the education sector
accumulated in the education of adolescents, etc.
5. Purpose and tasks of criminology
- The purpose of criminology is to build a broad system of preventive measures to limit and
eliminate crime completely. To achieve the aforementioned purpose, criminology builds a
complete system of reasoning.
- All criminology theories are responsible for giving their answers on crime as a social
phenomenon and on criminal behavior as a process of arising and developing personality and
lifestyle under the influence of different social and psychological factors.
- Identify solutions that directly or indirectly affect, to a certain extent, crimes and criminal
acts; propose ways to organize the control and prevention of crimes, education and
rehabilitation of offenders.
- Develop and provide a system of basic concepts specific to crime and crime prevention,
management and control that → capture the meaning of the phenomena or behaviors
mentioned in criminological reasoning and in practice.
6. The research object of criminology: consists of 2 large groups of crime issues and
crime control and prevention issues.
a. Criminology - the object of study of Criminology
- Criminology of explanation of crime:
+ The study of crime as a social phenomenon through clarification of the links between
crime and other social phenomena, processes, factors, and criminology can indicate the
social causes of crime and the laws of the generation, existence and evolution of crime.
+ Research on criminal behavior as a social act, criminology goes into the internal factors of
the person committing the crime as well as the objective factors from the external
environment that make up the process of personality degeneration leading to the crime.
- Criminology provides an index of crime: on the basis of indicators of confirmed crimes and
hidden crimes, it forms a relatively accurate picture of the crime situation both in the country
and in each area or field.

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- Criminology studies the causes and conditions of crime: Research on the causes of crime
on the basis of studying the multi-dimensional and diverse relationships of existing social
relations...
- Criminology on the identity of offenders:
+ The identity of the offender is the set of characteristics of the person committing the
crime in terms of social, psychological, physiological, biological and even genetic aspects
that have played certain roles in the process of leading people specifically to commit the
crime.
- Criminology studies the consequences of crime and victims of crime:
+ Consequences of crime are the quantified and quantified losses to individuals,
organizations, the state and society caused by crime in general or criminal acts in practice
over a period of time and within certain geographical areas.
+ Victims of crime are a concept and an important issue of Criminology. Victims of crime
are not merely victims in specific cases but a broader category.
b. Criminology studies on crime prevention and crime control
- Crime prevention is a system of measures of State, society, individuals, organizations and
agencies in order to affect the causes and conditions of crimes, prevent crimes from
occurring or minimize the crime situation in specific areas and units.
- Crime control is the activity of assessing and grasping the crime situation, planning and
organizing the implementation of strategies and solutions to prevent and combat crime.
Structures
● Based on the content, this system consists of the following four parts:
– Crime situation
– Causes and conditions of the crime situation
– Identity of the offender
– Prevention of crime situation
● Based on the level of generalization, this system is divided into two parts:
– The general section covers the most common and general basic issues, without identifying the
characteristics of criminal groups. The general section includes issues such as the concept, subjects,
research methods, the birth and development of criminology in history, finding criminal forms; the
causes and conditions of the crime situation, the identity of the offender; the causes and conditions
of specific crimes, crime prevention, crime situation forecasting, crime prevention and control
plans.
– Specific section: Study of criminological characteristics, causes and preventive measures of
specific crime groups. The basis for sorting by crime group may be according to the signs of the
criminal act or according to the signs of the criminal subject. The specific section includes:
+ Prevention of crimes committed by minors;
+ Prevention of property infringement crimes

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+ Prevention of drug-related crimes
+ Prevention of corruption crimes
+ Prevention of economic crimes
+ Prevention of organized crime
+ Professional crime prevention
+ Prevention of crimes committed by women
+ Prevention of recidivism
+ Prevention of violent crime
+ Prevention of gender crimes
+ Prevention of traffic crimes, etc.

Content 2:
HISTORY OF CRIMINOLOGY ESTABLISHMENT AND DEVELOPMENT
1. Overview of the history of the formation and development of the classical
criminology (late eighteenth-early nineteenth century)
a. Time: 1700s to 1880s.
b. Notable Scholars: Cesare Beccaria, Jeremy Bentham
c. Characteristics:
● During the long period (about 17 centuries), there has not been any in-depth study of
criminology, but only a few outstanding views:
- Plato (428-347 BC):
+ It is believed that the law promulgated by the state must have the effect of restraining and
overcoming the causes of crime.
+ Assume that crime prevention is about the future rather than the present.
- Aristotle (384-322 BC): the idea has only stopped at the primitive level and has not yet
developed to the point of forming a new science.
+ It is believed that the cause of crime stems from the perverse habits and preferences of
people, from the conflict between reason and human passions, when desire overwhelms
reason.
+ It is said that psychological coercion can prevent crime, because the Law helps the spirit
dominate the body and the reason dominates human instinct.
● In 1764, Cesare Beccaria's "Crime and Punishment" appeared, marking an extremely
important turning point for the birth and formation of a new science - criminology. But it
was not until 1885 that the term Criminology was coined.
● In 1798, Jeremy Bentham's introduction to the principles of morality and law introduced
the term “utilitarianism.” The core content of utilitarianism is that people think and
consider before deciding to perform their acts.

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● Classical criminology was profoundly influenced by the ideology of politicians and
philosophers of the "Enlightenment": supernatural explanations of human behavior
collapsed, free will and rational thought were recognized as decisive for human behavior.
● In the middle of XVIII, intellectuals began to form a newer, more rational approach to
crime and punishment, paying more attention to the need to reform the criminal justice
system. Featured
- Views of Cesare Beccaria (1738-1794) - The work "Crime and punishment" 1764:
On the causes of
About crime prevention
crime

Highlight the role of punishment in crime prevention and pay attention to:
+ the punishment must be commensurate with the level of danger of the
crime;
Given that the cause + The penalty must be based on the danger of the crime, not the person
of the crime is free committing the crime;
will, the choice of + the punishment needs to be applied quickly to have the best preventive
each individual value.
decides. + everyone should be treated equally.
+ The death penalty should be abolished.
+ the best way to prevent crime is that the law must be simple and clear,
reward people with good ethics and improve education.
- Opinion of Jeremy Bentham (1748-1832) - Introduction to the principles of morality and
law 1798:
On the causes of
About crime prevention
crime

+ Believing that evil must be prevented; the inevitability of punishment is


more important than its severity in the prevention of crimes. → Penalties
The cause of the
applied to offenders are for the prevention of crimes.
crime is still free
+ Assume that every citizen should have his or her full name tattooed on
will, the choice of
his or her wrist for the purpose of facilitating police identification.
each individual to
+ His most outstanding contribution in crime prevention is that he came
decide.
up with the idea of building a system of prisons in the style of
"Panopticon House" - circular prisons with cells inside, in the middle
with guard houses...
d. Contribution
The ideology of the classical school has had an extremely broad influence on criminal policy
and the system of criminal justice organs of European and American countries:

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- The role of the Law is promoted, gradually replacing the arbitrary arbitrariness of the
Government.
- The principle of punishment must be commensurate with the level of danger of the
acknowledged crime and gradually play an integral role in criminal policies…
- The punishment system in Europe has been reduced differently, the system of criminal
justice agencies has been significantly improved.
e. Restrictions.
- The classical school only studies crime as an individual phenomenon with a narrow scope
without fully studying crime as an individual and social phenomenon.
The basic characteristic: when studying crime, the first question is always why people commit
crimes and try to find the answer.
2. Overview of the history of the formation and development of biological theories
in criminology
a. Early positivist criminology (1880-1930): Cesare Lombroso, Enrico Ferri, Raffaele
Garofalo, Buckman Goring...
● Auguste Comte (1798-1857), A System of Positivism 1851, coined the term “positivism.”
- Be the creator of the premise for the birth of positive criminology; the father of sociology;
the first to use scientific methods to study the social world.
- Believing that there can be no practical knowledge of social phenomena without the
approach of empirical science; emphasizing the important role of the relationship between
theory, practice and people to understand the world.
● Charles Darwin (1809-1882) - The Origin of Species 1859 and The Origin of Man 1871.
- With the work The Origin of Species, he rejected the view that God created the world, God
gave birth to animals in 2 days.
- The theory of evolution has shown the process of adaptation and natural selection of species
in the struggle for survival; showing humanity a new way to study issues that were
previously explained by the power of supernatural and mystical forces that are now
explained by the scientific principles of the natural and social sciences.
● Positivism and Evolutionism have moved from classical criminology with the ideas of
philosophy to positivist criminology with the use of scientific methods to study offenders
and criminal acts.
b. Content of the Italian school of positive criminology
● Cesare Lombroso (1835-1909) - The Offender 1876 made him the father of positivist
criminology.
- As a pioneer of scientific criminology, his thought is considered one of the bases of the
"decisive biological theory" movement in the early twentieth century.
- He coined the term "congenital offender" through "deterministic biology" in his work
Criminological Offenders, which has become a science studying the causes of crime.⇒

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On the causes of crime About crime prevention

- Can be based on the skull, face and human form to guess whether
a person is a born criminal or not.
- With the prevention of
- A person born with the following 5 characteristics is a congenital
congenital crime, he said
offender:
that it is necessary to
+ Wide mouth and healthy teeth;
improve measures to
+ Raised cheekbones, flat nose;
prevent impacts on
+ Prickly ears
offenders. However, he
+ Hawk face, thick lips, crooked eyes, bushy eyebrows;
supports the need for
+ Do not dance with pain (stubborn), long arms.
humane treatment of
- Nearly 90% of offenders commit crimes due to the influence of
offenders and opposes the
the breed.
use of the death penalty.
- Female crime is less criminal than male crime and female crime is
manifested by some degeneration.
● Enrico Ferri (1856-1929) - The Sociology of Crime
On the causes of crime About crime prevention

- On the one hand, Cesare Lombroso's view that


the cause of crime is related to innate physical - The regulation of the punishment system in the
characteristics; on the other hand, social and Criminal Law is necessary to prevent crimes,
economic factors also play a role in the including the death penalty.
commission of crimes by individuals. - Opposing the harsh judicial system on the basis
- The offender is not completely free to choose of imposing penalties on offenders as revenge.
their actions because the offender is driven - Value crime prevention measures to prevent
towards committing the crime by their living crime from occurring rather than punishing the
conditions. offender after the crime occurs.
- Emphasizing that society needs to be protected - Believing that the good implementation of
from criminal acts is the purpose of the Criminal science-based preventive measures will
Law and criminal policy. ultimately reduce crime rates, thereby allowing
- The offender's psychology as weakly resisting people to live together in society without much
the tendency to sin as well as the temptation to dependence on the criminal justice system.
sin.
⇒ Contribution: Enrico Ferri has divided positivist criminology into two directions:
biological positivist criminology and social positivist criminology, psychology.
3. Overview of the history of the formation and development of human physical
theories
- Circumstances: from 1930 to present.
- Representative: William Sheldon, Richard Louis Dugdale...

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- Basic characteristics: Positivist criminologists in the late nineteenth and early twentieth
periods went in the direction of understanding the causes of crime from physical
characteristics rather than focusing on understanding the intelligence and spirit of the
offender.
a. Body style school: Ernst Kretschmer was the founder, William Sheldon was the developer.
● The body type school is the school that, when studying the causes of crime, has tried to
find the connection between physical characteristics of people and criminals; has linked
human suffering (body type) to the performance of behavior.
● Ernst Kretschmer (1888-1964) - Physical and Personality:
- He concluded that there are 3 basic different types of people in society:
+ Asthenics: emaciated, weak physically, narrow shoulders;
+ Athletic: from moderate to high, healthy, muscular, coarse bones;
+ Fat people: medium height, chubby shape, big neck, wide face.
- Then he linked those types of people to different mental disorders: fat people with mood
swings, easily depressed; debilitated and athletic people with isolated spirits.
- He said that heavy people tend to commit more crimes than others.
● William Sheldon (1898-1977) - Human Physical Types: An Introduction to the
Psychological Structure 1940.
- He has studied human body types, the relationship between human body types with
characteristic characteristics and temperaments.
- In the 40s of the twentieth century, he developed his theory when dividing people into 3
types: Endomorph (round,fat, soft), Mesomorph (athletic,muscular), Ectomorph
(fragile,weak,thin).
- He concluded that of the three types of people mentioned above, the muscular and muscular
body type tends to commit crimes higher than others.
b. Inheritance crime theory
● Richard Louis Dugdale (1841-1883) - Juke: The Study of Crime, Poverty, Disease and
Heredity 1875.
- He studied the lives of nearly 1200 members of the Juke family - the family that gave birth
to generations of criminals; at the same time, compared to another family with a clean
reputation - the Jonathan Edwards family.
- Then he concluded: The cause of the crime is that the offender has inherited the bad gene of
the previous generation.
● Inheritance criminology was then further reinforced by the results of Henry Goddard's
(1866-1957) research: the study of the genealogy of revolutionary soldier Martin Kallikak.
● The birth and development of the Inheritance Crime Theory led to the formation and
development of the eugenics movement in1 the 1920s and into the early 1930s. Later, this
movement developed to the point of forming eugenic criminology.
1 The eugenics movement is a controlled reproduction movement to improve the quality of the breed.

9
● The point of eugenic criminology has explained the cause of the crime is that some people
of the next generation have inherited the bad genes of the previous generation. Therefore,
in order to control crime, it is necessary to prevent it by not allowing the characteristics of
the offender to be inherited to the next generation. Therefore, a number of specialized
agencies to study the genealogy of criminal families have been established.
c. Chromosome theory:
● Patricia Jacobs (1934-?) - works on Aggressive Behavior, Underdeveloped Intellectual State
and Male XYY Chromosome.
- In 1959, she was the first person in the world to raise the problem of abnormal chromosome
type (type 47) related to criminal behavior.
- According to chromosome theory, the cause of the crime is that the offender already has an
abnormal chromosome type compared to other normal people. Such people often exhibit
psychosocial disorders, tend to perform aggressive and aggressive behaviors.
● Chromosomal research continues to be responded by scientists such as Lawren E. Hanell,
Danish...
4. Overview of the history of the formation and development of psychological
theories in criminology
a. Circumstances of birth
- In the early days of deterministic psychology, scientists studied criminal behavior in two
directions: First, emphasizing criminal behavior as conditional behavior; Second, treating
criminal behavior as a personality disorder or a psychological illness.
- Then, some other scientists followed the path of research, learning about psychological
pathology: researcher Nolan D.C. Lewis considered “offenders as ordinary people with lives
of instinctive, desire, desire, and emotion, but if one of his cognitive abilities is clearly
ineffective, it will lead to suppression in a certain direction. His person will operate in a
perverted way that will lead him into conflict with the Law and the cultural models of
society.”
- Scientists follow the path of psychopathic criminology (Hervey M. Cleckley, Hans J.
Eysenck) has focused on understanding the connection between criminology and human
personality in two directions: First, antisocial personality disorders; Second, personality type

⇒ The perspective of psychopath criminology has explained the tendency as well as the
related to the commission of crime.

motive for committing crimes related to personality type. However, the theory of decision
psychology really exploded and began to have an important place in criminology since the
famous work on psychoanalysis of Sigmund Freud.
b. Basic characteristics:
- Research on crime as well as explanations of the causes of crime on the basis of studying
the process of psychological formation of individuals, the relationship between individuals
and groups of individuals in society.

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- There is specificity, also known as microscopic.
c. Some typical psychological theories
● Psychoanalytic theory (from 1920 to present) - Sigmund Freud (1856-1939) - The
Interpretation of Dreams; Four basic concepts of psychoanalysis, introductory
psychoanalysis.
- He affirmed the existence of sexual prowess (Libido) that promotes the behavior of
humanity. Libido instincts have two opposing forces: Eros (the life instinct that drives us to
activity) and Thanatos (the death instinct that drives self-destructive activities).
- Directly affecting this capacity are 3 factors:
+ Instinct (id) is present from birth, only the primordial forces of life are the same for all
creatures. Actions are derived from unconscious pleasure narratives. Instinct represents the
unconscious and antisocial part of the individual.
+ The ego is the expression of each person's psychological personality. The ego is expressed
in conscious activities such as perception, language and intellectual manipulation that allow
control and restraint of personal behavior in relation to external circumstances. The ego can
suppress the instinctual conflict and restrain the blissful lock. The ego transcends the living
unity of the body to reach a higher unity than self-control. The ego represents the conscious
and will part of the individual.
+ The superego is seen as the individual's learning about social values and rules. It can be
considered as the conscience and morality of the individual. It has a role to fight for the
improvement of the behavior of the individual by determining the value of the behavior or
the attitude of the individual to the behavior is right or wrong. The superego represents the
part of the cultural value that functions as the personal conscience.
- On the causes of crime: Sigmund Freud said:
+ Crime is the result when in a certain individual, the instinct has risen to an excessive level,
so overwhelming that it is impossible to control in combination with the poor expression of
the superego; at the same time, the ego acts disproportionately directly and inefficiently.
+ Disproportionate sublimation may be another cause of crime. This is a psychological
process by which the state of alertness is symbolically replaced by another state.
+ Neurosis is also a cause of crime.
- Freud's 2 most criticized views are:
+ Disregard the role of the living environment and promote the biological regulation of
sexual acts.
+ Despise women, claiming that they fail to develop super-ego strength like men.
● Imitation theory (from 1890 to present) - Gabriel Tarde - Alber Bandura
- Gabriel Tarde (1843-1904) - The Law of Imitation.
+ Assume that the basis of any society is imitation.
+ Indicates that the offenders are ordinary people who have learned (imitated) the crime from
others.

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+ He formulated and developed his theory in the term “Law of Imitation” - the principle that
governs a person to make him go down the path of crime.
+ Regarding the cause of the crime: he thinks that it is because a person has imitated the
crime of another person that that person has the opportunity to observe.
+ He divided imitation cases into 3 types:
. The individual imitates others in proportion to their level and frequency of exposure;
. Lower level people imitate those above them.
. When the 3 patterns of behavior that can be imitated contradict each other, one can take
over or take the place of the other.
- Alber Bandura:
+ He let children observe the violent acts of adults (watching violent movies, watching adults
hit the mannequin repeatedly). As a result, he found that these children had a very easy
temper, poor self-control and very fast imitation of violent behaviors learned from adults.
+ He said that the mentality of easily getting angry as well as the mentality of liking to
imitate children's violent behavior is also due to the encouragement and impact of others.
- The theory of imitation has posed many problems that need to be done to prevent crime
such as parents need to strictly control their children and should not have bad behavior that is

⇒ Limitations: This theory has been criticized as emphasizing the role of environmental
easy for their children to imitate.

impacts and disregarding the process of self-training and cultivation of each individual.
● Behaviorism (1940 to present) - Burhus Frederic Skinner (1904-1990) - book On
Behaviorism 1974.
- The focus of behaviorism (the theory of stimuli leading to human behavior) is that human
behavior is determined by the surrounding environment in which the environment has
influenced people to create the interest of individuals, thereby motivating them to perform
the behavior.
- Behaviorism emphasizes the determinant of human behavior that exists in the surrounding
environment rather than actually being decided by the individual.
- About the cause of the crime: it is because they receive stimuli from their surroundings and

⇒ Limitations: Behaviorism only partially explains the causes of crime and does not fully
this motivates them to commit the crime.

explain the causes of crime on a large scale; This theory overemphasizes the impact of the
surrounding environment and disregards the freedom of will and choice of each individual.
5. Overview of the history of the formation and development of social theories in
criminology
a. Circumstances of birth
- Sociology is a science that was born later than other sciences (between XIX), systematically
studying the development, structure, interaction and general behavior of social group
organizations.

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- With the work of Emile Durkheim - the late nineteenth French sociologist, sociology has
affirmed its indispensable role in the study of crime.
- Sociologists conduct research on social stereotypes and its variations in other societies and
its development and transformation in certain spaces and times; study the mutual influence
between social stereotypes and the behavior of individuals in social groups.
- Social theories study the arrangements of social composition, the behaviors between social
components, individuals and groups as they affect the process of socialization and have an
effect on social behavior.
b. Basic characteristics:
- Macro nature, meaning large, multifaceted.
- Studying behavior including criminal behavior through the expression of groups of people
rather than trying to predict the behavior of defined individuals.
- Usually directed to typical groups of people, from which comments are drawn.
- Causes of crime: concern about the nature of the existence of power relationships between
social groups and the influence of diverse social phenomena that have led to different types
of human behavior, including criminal behavior.
c. Some typical sociological theories
● Social organization disorder theory (late XIX to the 1930s) - Emile Durkheim,
W.I.Thomas, Florian Znaniecki, Rober Park, Ernest Burgess, Clifford Shaw, Henry
Mackay.
- The theory of disorder of social organization is closely related to the ecological school of
crime.
- Emile Durkheim (1858-1917) - The division of labor in society.
+ Study the problem of social order in different types of societies; study the division of labor,
the differences between traditional and modern societies.
+ Given that rapid social change will lead to an increase in the division of labor, and as such,
it will create a chaotic state, lack of attention between people, leading to a lack of standards
and values. life as well as breaking social norms regulating human behavior. He called this
disorganization.
+ From the disorganized state, there will be deviant acts in society, crimes, suicidal acts. In
other words, disorganization in society is the cause of crime.
+ He believes that crime is as much a normal part of all societies as life and death. Crime is
not only necessary for the basic conditions of all social life, but it also has a social function.
+ In theory, crime can disappear completely only if all members of society have the same
values and norms. However, the problem of members of society having the same values and
norms is neither likely to exist nor desirable for everyone in society. Moreover, few crimes in
society are necessary in a developed society.
+ He emphasized the role of law when recognizing that law is a symbol of social solidarity.

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+ He pointed out that all societies have not only crime but also punishment (punishment
prescribed by law).
+ Criminal behavior is not considered a threat to social cohesion in the first place because
even the criminal event does not interest the majority of people in society.
- W.I.Thomas and Florian Znaniecki study communities in the US.
+ In Polish Farmers in Europe and America, they described the problems faced by Polish
immigrants during the 1900s when they left their homeland and moved to American cities.
+ 2 He pointed out the increased crime rate among the group of people who have no place in
society and hypothesized that the cause of crime is due to social organization disorder.
- Chicago School (born in the US in the early 20th century, founded by urban sociologists,
most notably Rober Park and Ernest Burgess).
+ From 1920 to 1930, the two men developed social ecology 2, also known as the ecological
derivation of criminology.
+ 2 He has studied cities in the US under the term “concentric zones”3. There are 5 types of
regions with their own characteristics in terms of geography, population, economic
conditions,... In particular, the area adjacent to Region I has a higher crime rate than other
areas. → It is necessary to have appropriate policies for each region to address the problem
of social organization disorder.
+ Social ecologists who study crime have developed the concept of social pathology. In the
early days, social pathology referred to behaviors that were inconsistent with the norms and
values of the social group at that time. Today, social pathology is understood as unhealthy
social aspects that produce deviant, criminal behavior among individuals or groups of
individuals living under those social conditions.
+ Causes of crime: social organization disorder and social pathology arise when a group of
people has to cope with social change, cultural disagreement, bad adaptation, disharmony,
conflict and lack of consensus.
+ Crime prevention: solving the problem of social organization disorder and social
pathology.
- The Chicago School continues to be studied in more depth by Clifford Shaw, Henry
Mackay with social ecology approaches, applied to the concentric zone.
+ 2 He conducted a study on the percentage of minors arrested in Chicago during the years
when the number of crimes increased in the vicinity of Region I, 1900-1906, 1917-1923.
1927-1933.
+ 2 he concluded: it is the nature of the environment where immigrants live that causes crime,
not their own unique characteristics that produce crime.

2 Social ecology is the attempt to link the structure and organization of any human community to its distinct
environmental interplay.
3 Concentric areas are interconnected areas, surrounding each other in concentric circles and towards the center of
the circle called region I - the central business area.

14
- Contributions of the Chicago School:
+ Detect forms of community in cities in the US - with social organization disorders.
+ Using official statistics on crime, population, ethnography and systematically and logically
analyzed to find out the causes of criminology from the perspective of criminology as well as
investigating and tracing offenders in criminal investigation.
● Cultural conflict theory (cultural deviation theory) - from 1920 to the present -
Thorsten Sellin, Frederic M..Thrasher, William F..Whyte, Franco Ferracuty, Marvin
Wolfgang.
- Thorsten Sellin (1896-1994) - father of cultural conflict theory - Crime in Disappointment
1937; Cultural Conflict and Crime 1938.
+ He studied the issue of cultural diversity in a modern industrial society.
+ According to him, the law is the expression of the usual structure of the "main" culture
compared to the culture of the "minority".
+ The causes of deviant or criminal behavior in society for the behavior of individuals
belong to the group of people with less power: the behavioral norms of those with less power
in society reflect their specific social situation with specific notions, which leads to a conflict
with the norms to determine the crime of the group with more power.

common, conflicts tend to be more and more deviant ⇒ behavior as well as crime will
+ He pointed out that social diversity and cultural diversity will become more and more

increase.
+ Sellin has divided cultural conflicts into 2 types:
. Conflict mainly occurs when there is a conflict between the main types of culture in society.
. Secondary conflict occurs when there is a cultural clash between the minority culture and
the dominant culture.
- Developing "cultural conflict theory", some criminologists have coined the term Secondary
Cultural Theory4 - emphasizing the contribution of diverse socio-cultural groups to the
criminal phenomenon.
- Then, the theory of secondary culture was developed again with the introduction of the term
"Violent secondary culture" and its internal explanation.
● Social control theory (from 1950 to the present) - Travis Hirschi, Walter C.eckless, Howard
B. Kaplan - typically social convention theory and prevention theory.
- Basic characteristics: when studying crime, the first question is always why other people
do not commit crimes but only some people commit crimes.
- Causes of crime: arising from human personality problems combined with the environment.
- Crime prevention: Social control theory poses the problem of building social control
mechanisms as well as personal control of governments and local authorities.

4 Secondary culture is the collection of values and preferences that connect “secondary culture” participants
through social processes. "Secondary culture" always expresses opposition to the views of "primary culture".

15
- Social convention theory - Travis Hirschi: in 1969, he released the book The Cause of
Crime, which said:
+ Crime is the result of weakness or breaking the convention of individuals with society.
+ In society, there exists a relationship between individuals and social conventions.
+ The relationship between individuals and social conventions is limited to the following 4
basic points:
(1). Attachment: expresses the sharing of individual's interests with those in society. The
closer the attachment, the more effective the acquisition of social rules.
(2) . Commitment: An individual who has a voluntary commitment to the goal of education
and long-term professional activities rarely deviates from that goal, and as such, rarely
deviates from the rules of society and the law.
3. Constraints: when individuals are bound to a regional institution or a social organization,
deviation and crime are certainly rare.
##$_09$##4. Beliefs: the sharing of values and a system of moral notions. Belief is attributed
to self-worth, If the belief is healthy, deviant behavior as well as crime occurs less often.
+ In 1990, Hirschi and Gottfredson developed the theory of self-control, which they said: the

⇒ Limitations: Although most sociological theories have clarified many issues, explanations
offender still has control over his desires.

and forecasts are still limited.


- Theory of prevention - Walter C.eckless: in the 50s of the twentieth century, he released
the book The Problem of Crime, which said:
+ Crime is the result of social pressure related to the individual who motivates them to
commit the crime as well as the failure to resist that pressure.
+ In order to prevent crime, he emphasized the need to prevent both internally (through the
ability of the individual to comply with the standards required for him to manage himself)
and externally (society, state, community,... can manage individuals through standard
constraints and accepted requirements).
→ Internal deterrence in the commission of a crime is more effective than external
deterrence.
● Conflict theory - Karl Heinrich Marx (1818-1883): according to him:
- Capitalist society has two basic social classes: the proletariat (which accounts for the
majority of society, no means of production, no power in society) and the bourgeoisie (which
accounts for a minority but owns the means of production, has power in society).
- The origin of crime: due to the conflict of interests between the antagonistic classes in
society.
This → view partly reflects the cause of crime, but does not explain the cause of crime
among poor people or among rich people.
- Class struggle in capitalist societies inevitably led to the birth of socialism and then to
communism - a classless society.

16
Point 3:
METHODS OF CRIMINOLOGY RESEARCH
1. Methodological concept and methodology of criminology
- Research methods are a combination of methods and measures that scientists use to impact
and discover certain objects.
- The research method of Vietnamese criminology is a system of specific research methods
and methods used to collect, analyze and process information on the issues to be studied.
- Methods play an important role in collecting, analyzing and processing information to
produce research results. The reliability and scientific validity of research results depend on
the application of specific research methods.
- The methodology of criminology is a system of concepts, principles and cognitive
categories that allow the research subject to approach, interpret and evaluate the issues
studied by criminology.
- Vietnamese criminology uses the system of concepts, principles, rules and categories of
dialectical materialism and historical materialism as its methodology.
dialectical materialism
+ The Criminal Situation exists objectively and is related to and interacts with other Social
phenomena (based on the common relationship principle)
+ Crime situation is not constant, its movement and change are objective laws (based on the
principle of development)
+ dialectical relationship between: Criminal Situation - specific type of crime - crime; nature and
mode of expression of Criminal Situation; Criminal Situation with phenomena that give rise to it.
(pair of categories of the common and the private; the unique...)
historical materialism
+ The criminal situation appears, changes, and dies in association with specific historical
circumstances and events
+ the root cause of conflicts of interest in class-based society
+ The Criminal Situation reflects the social and material conditions corresponding to a political
and legal ideology.
 The research method also has a relationship with the methodology: If the research
method of criminology is the way to apply the methods to find the parameters to
prove a problem, a thesis related to crime, the methodological research basis is the
foundation for the application of the methods to find those parameters.
2. Concept of specific research methods of criminology, Role and significance of
each research method of criminology
- Criminologists have used a variety of research methods to learn about the nature and extent
of criminal behavior.

17
Method Concept and characteristics Role, Meaning

- Surveys in
criminology are
intended to assess the
degree of fear of
Exploratory crime,attitudes toward
- It is a method of interviewing or asking questions to
research the police, and to find
research subjects.
(cross- out the extent to which
- Usually involves building a question bank.
sectional/ crime has not been
- The information collected through the question bank is
moment reported.
called survey data5.
comparative - Survey research can
- Form: face-to-face interview, by phone, email or fax.
study) be designed to
- Surveys of juveniles or criminals are only predictive.
is the most consider and calculate
- Surveys are also used in the survey of victims in
common the attitudes and
different environments to know the victimization process
method of behaviors of the
as well as the risk of this process.
collecting subjects.
- Limitations: Surveys often have certain limitations,
information - Surveys are also the
cannot indicate how subjects will change over time, and
about best way to collect
make it difficult to be alert and prevent when people give
criminals. information from
false and inaccurate information.
groups of people who
have not been noticed
by the police (people,
juveniles who violate
the law).

- A method developed based on a thorough study of a


- This measure helps
specific situation. For example: research 1 inmate,
us better understand
supervise 1 specific criminal organization...
and identify other
- When an individual (single subject) is the focus of the
situations with similar
case study, this process becomes the subject's
circumstances.
biographical study.6
- Despite its
Case study - Biographies can also be collected with specific groups
limitations, it can still
of subjects, and from the similarities found in their lives
help to study a specific
will help researchers have more explanations for current
situation - a factor that
behavior or landmarks from which to conduct more
is not available in both
thorough research.
survey and observation
- Limitations: heavily influenced by subjective
studies.
consciousness.

Participant- - A method that includes many data collection methods, - Help to get a clear

5 Survey data will provide information to public opinion polling organizations, public opinion research centers, etc.
6 Biographical research requires collecting as much data about the subject as possible (including past experiences
from adolescence to adulthood). Most biographies will be subjective because they are events collected from the
subject's own life.

18
in which the researcher observes a group of subjects
through participation at many levels in the activities of
that group of subjects.
- Observing attendance means that the criminologist must
venture deep into the hot spot of crime.
- 2 types of participants: the participant as the observer
and the observer as the participant. and close view of the
observation
Limitations: object of observation.
+ Researchers must "become indigenous", or become
similar to the object/behavior of the studied object.
+ Researchers may develop a feeling of closeness to the
research object or feel disgusted with the object they have
to → observe, all the meaning of the observation will be
lost and many serious ethical issues may arise.

- Provide useful
- A method of collecting subjective information by using information in
self-reports to consider aspects of a problem that are not checking official
easy to research. records on statistical
- Most surveys include sections such as views, values, tables collected from
personal characteristics, behavior, etc.These data can be sources such as police
used to evaluate the doctrine or ideologies that tend to agencies, hospitals,
commit crimes and consider the correlation between the etc.
offenders and their identity, education or income level. - The number and
- Self-reporting can also be done together with survey frequency of people
research. → Sometimes this method is considered as who commit illegal
4. Self-report
another form of survey research. acts can be assessed.
(autobiograph
Limitations: - Provide an overview
ical report)
+ This method has many completely subjective of the classification of
characteristics because it is mainly based on introspection crime groups rather
and personal thinking. than official data
+While autobiography provides a significant amount of sources.
information that is not found in official statistics on - It is possible to
offenders, that information is not used on a regular basis. classify the acts of
+ Many skills in this method require the storage of offenders through
personal diaries or handbook numbers and require care ethnicity, social status,
and continuity in observing the behavior of the research etc., based on which
subjects themselves. they can help in
making decisions.

19
- A method of re-analyzing previously existing data; re-
analyzing information that has been used for other
purposes.
- As part of closed research, this method is said to be
non-reactive.
- Problems in data collection:
+ Scientific observation often occurs under controlled
conditions and must meet the criteria of intersubjectivity - Help researchers save
and repeatability. a lot of time and
+ In order for observation to be legal, independent money.
observers must report seeing the same things in the same - The use of statistical
circumstances. methods gives us the
+ Hypotheses are often closely tied to the process of necessary tools to
5. Secondary
collecting information. Hypotheses determine what we synthesize data, and
data analysis
find and what we ignore. provides quantitative
Data analysis methods to identify
+ Most of the data will be used for analysis. Data analysis patterns in data to find
often involves the application of mathematical methods the degree of
to detect correlations between variables and assess the correlation between
possibility of concretizing findings during research in variables.
other contexts (statistical methods/statistical analysis).
+ Statistical methods can be divided into 2 types:
descriptive7 or inferential8.
- Advantages: less alarming for research subjects to know
they (or the information provided) is being studied, even
though they may have known about the data collection
for the first time.

- The results of the


- A method of studying a group of subjects (cohort) with
study are used to
the same characteristics for a time.
6. determine exactly what
- Another approach is to take 1 cohort/group with a
Longitudinal/ events in life, such as
criminal record and consider their previous life through
temporal growing up in an
the study of education, family, police and hospital
studies unhappy family or
records. This is called cohort retrospective.
(cohort/group failing to study in
- Limitations: is a difficult, expensive and time-
) school, will set the
consuming job.
stage for signs of
crime and delinquency.

7 Descriptive statistics are methods of describing, synthesizing, or clarifying relationships between collected
information. Descriptive statistical methods include the measurement of the tendency to focus, often referred to as
the median, median, and the common number of iterations. A common number of iterations refers to the number or
value that is frequently repeated throughout the observation process.
8 Inference statistics seeks to concretize the results by determining the correctness when applied similarly to other
populations or localities.

20
It is the method by which criminologists take advantage
of large data repositories gathered by State
agencies/government agencies and research organizations
Aggregated data can
such as in the statistical departments of police agencies,
tell us about the
7. General courts, procuracies...shown in the annual report on the
influence of societal
data study number of crimes investigated, prosecuted, tried and
trends and norms on
executed in terms of the number of criminal cases, the
crime rates.
number of criminal acts, the number of victims, the
number of offenders, the damage and other relevant
information.

- A method in which criminologists analyze events to see


how they affect the subjects studied.
- 1 standard experiment has 3 factors: (1) randomization
of research subjects; (2) 1 control group or comparison The experiments
Experimental
group; (3) experimental conditions. yielded important
study.
- Another approach is the time series model. criminological data.
- Limitations: often very difficult to conduct and
expensive, sometimes related to ethical issues and often
requires a very long follow-up time to verify the results.

- A method in which criminologists focus their research


on relatively few subjects, in-depth interview subjects or
observe their activities.
9. - Another common method in criminal science is to - This study has in-
Observational observe criminals directly to gain insight into their depth data, which is
research and motives and activities. This method may require going absent from large-scale
interviews deep into the field and participating in group activities. surveys.
- Another type of observation requires bringing subjects
into a laboratory, placing and observing how they
respond to a predetermined situation or stimulus.

10. ● Quantitative research - The research results


Quantitative - Quantitative method is a method that gives measurable serve to be useful for
methods and results and can statistically analyze them. criminology research.
qualitative - The crucial point to realize is that the representation in - The qualitative
methods numbers is mostly the result of researchers formulating method provides
how to approach the research topic and it is rarely greater insight into the
available in the subject itself. subjective workings of
● Qualitative research the criminal psyche
- Qualitative methods produce subjective results or and the operation of
results that cannot be quantified. the crime in
- The results and data of this method are not clear about accordance with
the data but still provide a potential and useful toolkit for human

21
criminological research. experience/experience.
3. The relationship between the research methodology of criminology and the
science of Criminal law, Criminal procedure law and criminal statistics
- Criminology not only studies the "social side" of criminal law but also of criminal
procedure law or in other words criminology studies the "social side" of criminal law in
terms of content and of criminal law in terms of form.
- Criminology uses the research results of the science of criminal procedure law to
understand the causes and conditions of crime in the field of criminal procedure, the role of
criminal procedure law in crime prevention and evaluate the effectiveness of crime
prevention. In contrast, the science of criminal procedure law also refers to the achievements
of criminology to propose the improvement of criminal procedure law and to strengthen the
ability to detect and handle crimes.
- The fact that the police force's fight against crime also belongs to the crime control system
and therefore also belongs to the research object of criminology. When conducting research
in this field, criminology must rely on the scientific knowledge of the science of criminal
investigation and vice versa, the empirical research results of criminology in this field will
also be exploited and used by the science of criminal investigation to improve the
effectiveness of the police force in fighting crime.
4. Moral values, social policies in conducting criminology research
a. Moral values
- Ethical values may not affect the value of research results, but they may have implications
for the survival of researchers and research subjects.
- The most important ethical issues facing researchers today are the protection of human
subjects, data privacy and security.
- Obtaining consent9 is a strategy used by researchers to overcome many ethical issues in
criminology research.
- Ethical issues may also require that the data obtained from individual interviews or trials of
research subjects must be anonymized and the raw data must be destroyed after a specified
period of time (usually after the completion of the research project).
- There should be specific legal provisions requiring a plan to protect sensitive information
as part of the application for funding for criminology research.
- Ethical requirements for observers are sometimes especially difficult and strict because of
the nature of observers as researchers of criminal activities, sometimes they have to put
themselves in situations and places where they expect to violate the law "by the majority".
- Frank E. Hagan advises: “The researcher must always have a broad perspective when
performing the role of self-medicating the potential opposites when conducting research. A

9 Obtaining consent means that the research subjects will be informed about the nature of the study to be
conducted, their intended role in it, and the use of the information they provide.

22
decision must be made in advance on a voluntary level in the analyst's research efforts and
ability to resolve conflicts…”
- According to Hagan, a code of ethics can guide criminologists in their research
undertakings; requiring researchers to assume the following personal responsibilities:
+ Ignore procedures that may harm the respondent.
+ Commitment to honor for respondents and mutual respect.
+ Perform objectively and preserve integrity in the implementation and research report.
+ Protect the confidentiality and privacy of respondents.
b. Policies
- Successful research into the causes of crime coupled with valuable assessments of crime
prevention efforts will have a significant effect on social policy tasks, resulting in lawmaking
and government-sponsored initiatives built on proven programs.
Content4
CRIME AND THE CRIMINAL SITUATION
(remember to draw some diagrams in your notebooks)
1. The phenomenon of crime in society
- Article 8 of the Penal Code 2015: "A crime is an act dangerous to society prescribed in
the Penal Code, committed intentionally or unintentionally by a person with Criminal
capacity or a commercial legal entity, infringing upon the independence, sovereignty, unity
and territorial integrity of the Fatherland, infringing upon the political regime, economic
regime, culture, national defense, security, social order and safety, lawful rights and interests
of the organization, infringing upon the human rights, legitimate rights and interests of
citizens, infringing upon other areas of the socialist legal order that must be criminalized in
accordance with the provisions of this Code".
- Crime is not only a social phenomenon reflected in criminal law but also a social
phenomenon studied by many different sciences, including criminal law science and
criminology. Criminal law science and criminology are both criminological sciences.
However, criminal law science and criminal procedure law science are legal criminological
sciences, while criminology and criminology are non-legal criminological sciences (the
science of real criminology).
- In order to make arguments to be able to explain the motives of the crime so as to predict
and control the crime, it is necessary to answer the following questions:
+ How many criminals are out there?
+ What is common, what is the trend of crime?
+ Who committed the crime?
+ What is the nature of the crime?
+ What are the most important questions when we study criminology?

23
- The collection of crime data aims to provide an overview of crime trends and crime
situation.
2. The concept of the criminal situation
- According to the "Vietnamese Great Dictionary", "situation " is understood as "The state

them". ⇒ “Criminal situation” means the state and movement trend of crimes (or groups of
and development trend of things and phenomena with all events taking place and changes in

crimes or types of crimes) that have occurred in a defined unit of space and time.
- According to the Textbook of Criminology, page 110: The criminal situation is the
assessment of the criminal phenomenon through the collection and processing of information
about the quantity (status, movements) and nature (structure, nature) of the overall crimes
committed in a certain period of time and on a defined space (region, country, region, world).
⇒ Implications of studying the crime situation
- The results of studying the crime situation give us the "picture" of the crime that has
occurred. This panorama not only shows the quantitative characteristics (the total number of
crimes as well as the total number of offenders - the number reflects the severity of the
crimes committed) but also the qualitative characteristics (the internal structures of the crime
and of the offender, which reflect the seriousness of the crimes committed). The "picture" of
the crime that has occurred not only shows the static state of the crimes that have occurred
but also the evolution (increasing, decreasing or relatively stable in number as well as in
nature) of this situation.
- Studying the crime situation not only stops at describing the "crime picture" but also
requires analyzing the "picture", comparing the "picture" with each other so that there is a
full and comprehensive assessment of the seriousness of the crime that has occurred - serious
in extent as well as serious in nature.
- Describe and analyze the "crime picture" in studying the crime situation not only to "know"
what happened but more importantly to explain and detect the causes, to predict how the
crime will happen in the coming time and thereby create the basis for the introduction of

⇒ Methods of studying the crime situation


crime prevention measures.

Studying the crime situation with the aim to evaluate and detect the causes, to predict
how crimes will occur in the coming time is the form of research described in empirical
research. It’s a two-step process.
- The practical data collection step reflects the quantitative content and qualitative content of
the actual situation and evolution of crimes in the unit of defined space and time. It is data on
the number of crimes and offenders, data on the structures of crimes that reflect the nature of
crimes in the overall time and in each year. This step requires a method of finding the actual
argument.

24
- The step of processing the collected data to test the hypotheses describing the crime
situation and arrive at the statements about the situation and evolution of the crime being
studied. This step requires a method of organizing and proving scientific points.
3. The parameters of the number and nature of the criminal situation10
a. Quantitative parameters
- The quantitative signs of the criminal situation are determined by the actual situation11
and dynamics12 (developments).
- in order to have an objective and relatively comprehensive view of the reality of the crime
situation, the researcher first needs to rely on clear crime data 13 and hidden crime data at the
same time14.
- the level of the criminal situation:
+ includes data on crimes and subjects who commit such crimes on a defined territory and in
a certain period of time.
+ Taking into account the general (absolute) number 15 of criminals and the subjects who
commit them, it is possible to calculate the number of criminals for profit, criminals using
force,...
- When assessing the current situation of the criminal situation, it is necessary to collect
information on:
+ The individual rate of crime by severity.
+ In the form and forms of errors.
+ By form and criminal group.
+ According to the types of pretexts.
+ By the subject of the crime.
+ By the location and means of the crime.
+ By the number of victims of crime.
+ According to the nature and scope of the damage…
10 Two areas of information in terms of quantity and nature, if complete, will show a clear picture, but if these two
areas are missing, this gap is a hidden crime and it is necessary to have this area to see the overall and
comprehensive picture that criminals imprint in it.
11 the actual state of the crime situation is calculated by absolute indicators (levels) and relative indicators
(coefficients).
- the reality of the crime situation is to compile data on crimes committed, the number of people who commit such
crimes and the number of people considered victims in a given area and in a given period of time.
12 the dynamics of the criminal situation reflects the change of the criminal situation over time; the dynamics of
the criminal situation is reflected in the absolute data of recorded crimes, the number of subjects who commit the
crime is clarified...usually formed in the form of annual or phased statistics.
13 The crime is clearly a crime that has been investigated, prosecuted, criminally tried and included in the criminal
statistics. Thus, the time to identify the crime clearly is when the crime is brought to criminal trial and included in
the criminal statistics.
14 Hidden crimes are crimes that have actually occurred but are not represented in the crime statistics because they
are not detected, handled or included in the crime statistics.
15 The general data on recorded crimes, and the general data on those who commit them, are reflected in the
absolute index.

25
- In order to complete the official source of criminal statistics, agencies in the criminal
justice system will regularly record and synthesize information about criminal cases. After
the investigation process, if it is determined that the crime is unfounded or mistaken, they
will be excluded from the statistics.
- The indicators of quantity are shown in the following parameters:
+ The actual number of crimes reported to the investigating and arresting authorities are
meant to 16be raw figures.
+ The annual percentage change17 in crime has been estimated.
+ 18 Average crime rate per 100,000 people:
Crime/Population x 100,000 = Murder Crime Rate
b. Properties parameters
- Qualitative signs indicate the structure 19 and nature 20of behavior. When considering the
quantitative signs of crime situation, we have to some extent mentioned qualitative
indicators.
- Characteristics that allow us to classify criminals into groups:
+ Age and crime: Age is inversely proportional to crime (the older a person is, the less
aggressive they will be).
+ Gender and crime: Male crime rates are significantly higher than female crime rates.
However, women are at high risk of becoming a victim of crime.
+ Social class and crime: this factor is still being debated.
+ Place and time of crime: Crime is often committed in larger urban areas. Crimes are
usually committed from 6am to 6pm, but nearly two-thirds of sexual harassment cases
occur at night…Offences against TM, SK, DD, NP and family crimes often take place in
the warm seasons of the year.
+ Danger level of crime: the level of assessment is generally about the proportion of
seriousness to each crime.
4. Hidden Crime
- Hidden crime (the hidden part of the crime situation) is the overall criminal activity (and
the subjects of such crimes) that has occurred in practice, but has not been detected, not been
handled in accordance with PLHS regulations or not included in the criminal statistics.

16 Identified: reports of crimes by investigative agencies that are believed to be accurate, also considered to be
factual.
17 Percentage change: an increase or decrease in the crime rate helps Criminology practitioners assess whether
society is becoming more dangerous.
18 Crime rate: is the number obtained as a result of calculating the rate of crime with the whole community
expressed per 100,000 people, giving the relative likelihood of crime occurring.
19 The structure of crime situation is measured by the specific proportion or ratio of different groups and types of
crimes in relation to the general index.
20 The nature of crime situation is reflected in the assessment of the nature, such as the danger to society, the
severity, the degree of recidivism...

26
- According to the Criminal Procedure Law, the detection of crime can be done through one
of the following capabilities:
+ Citizen whistleblowing
+ Information from State agencies or social organizations
+ Through the mass media.
+ Directly detect signs of crime Investigation agencies, procuracy, courts,...
+ The offender confessed.
- Based on the hidden reason of the crime, it can be divided into 3 types of hidden crime:
+ Objectively hidden crime
+ Subjective Hidden Crime
+ Criminals hide statistics.
Objective hidden crime and subjective hidden crime differ in the identification of the subject
primarily responsible for the prevention and combat of crime.
- Methods to clarify the number of hidden crimes (relative):
+ The research officer asked the respondents to voluntarily talk about their past illegal
actions that they considered hvi to be crimes that the police did not know about or for
them to answer the questions on the questionnaire.
+ Methods of victim investigation.
+ Comparative analysis of a wide range of statistics on crimes, violations and their
handling; public opinion polls; analysis of socio-economic information.
+ Use the court's criminal statistics but take into account its margin of error.
- The objective and subjective causes of hidden crimes:
+ Because the victim does not report the crime;
+ Due to shortcomings and limitations of law protection agencies in detecting,
investigating and handling crimes;
+ Due to improper attitude of the witness;
+ Because the offender commits the crime with new, sophisticated and cunning tricks, it is
possible to hide the crime without being detected;
+ Due to the law, there are still loopholes...
5. Factors affecting crime rates:
a. To enforce the laws
- Crime rates can be affected by:
+ The professionalization of the public security agencies.
+ How PL enforcement agencies study criminal statistical data.
+ The amount of police mobilized civilian areas was stronger.
+ The results from improving the police's record-keeping skills.
+ The way law enforcement agencies define crime: some agencies only define crime in a
general way, but for some offenders, there is an inconsistent understanding that leads to
heterogeneous enforcement.

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- The enforcement of law by the police is also related to the change of crime situation.
b. The definition of law
- Changes in the law also contribute to changes in the crime rate.
- For example, since the 2015 Criminal Code limited the scope of citations for crimes
committed by persons under the age of 18, especially those aged 14 to under 16, the rate of
crimes committed by minors will decrease markedly during the implementation period of
this Code.
c. Media
- The media provides us with information about crime, but sometimes the media itself has
contributed to distorting the truth, making public opinion confused, leading to the entry of
the police force or having to amend PL.
d. Others
- Some countries in the world today (the United States, Canada) are using 3 basic sources of
crime data:
+ Uniform crime reporting, based on police data collected.
+ An autobiography of criminal activities.
+ Victim investigations.
- All three of these sources combine to give us a pretty clear picture of crime. Each source
has strengths and weaknesses, and although they are relatively different, they all agree on the
characteristics of the offenders.
- Data sources also show stable factors in crime rates:
+ Location, area, time, time period...
+ Differences in gender and age in crime rates.
6. Explaining the trend of crime
a. Age
- The average age of the population has a great influence on the trend of violent crime.
- The crime rate will be affected by the proportion of young men in the population.
- The cause of the increase in crime rate is the rising generation of minors in the population
structure.
- The age of victims and offenders has decreased, so the increase in crime has reflected the
age structure of the population.
b. Economy
- There exists a positive relationship between development and crime, although the
development does not directly affect crime, but the reduction of inequality, economic
development and education is related to the reduction of crime rates.
c. Social unrest
- As illegal activities increase and social costs are cut, crime rates tend to go up.
- Factors such as residence, social structure, participation in official organizations affect the
development of the community. If communities neglect their social duties, have a high

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percentage of the population, and are less involved in community activities, there is a higher
crime rate.
d. Culture and crime rate
- Culture also makes a difference in crime rates.
- For example, Japan is an industrialized country with a population density concentrated in
urban areas but the true crime rate is very low compared to Western countries. Although the
crime rate in Japan is low, there are criminals who tend to form organized criminal gangs.
- In North America, individualism and self-satisfaction are valued, and success is defined by
the quality of goods and ownership…therefore crime rates tend to be higher.
7. Social scope of crime: age, gender, ethnicity, social class
a. Age
- Age is inversely proportional to crime. This element is maintained stable and sustainable.
- The age structure of the population is the decisive factor used in predicting crime trends.
- Young people are arrested at a disproportionate rate to their share of the population. Young
people between the ages of 13 and 21 are basically a difficult group to manage in the
prevention of crime and juvenile crime. This age is a prone time for crime and violence.
b. Gender
- The male crime rate is much higher than the female crime rate. However, women are at
high risk of becoming a victim of crime.
→ Reasons: are differences related to emotions, physical, psychophysiology between men
and women; differences related to biology such as hormones...
- Gender interpretation from a social perspective shows that: women are carefully supervised
and well protected against attacks. A small number of female criminals fall into a state of
incontinence such as mental illness, they tend to commit crimes as a way to compensate for
their own shortcomings.
- Although men and women share the same angry attitude, women always seek for their safe
refuge, which is why they respond to anger with feelings of despair, anxiety or fear. On top
of that, women have less stress, sadness, anger than men.
c. Ethnicity, Social Class
- Researchers strongly object to whether social class is related to crime, because the phrase
“class” can be understood in many different meanings.
- Crime is the result of an individual's position within a social structure. This approach
focuses on the social and economic conditions of life, including deprivation, differences in
opportunity, racism, social disorganization, individual failure, alternative ways of
succeeding, group cultural values that conflict with accepted values.
- According to social conflict theory: Crime is a function of class struggle. The capitalist
system emphasizes competition and wealth as what creates an economic and social
environment in which crime is inevitable. → Conflict between social groups contributes to
crime.

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5. The crime situation is a class phenomenon
- The Criminal Code is the product of the ruling class of the class society.
- The crime situation is a class phenomenon, reflected in the following issues:
+ Origin of class: The crime situation is not a phenomenon present in every human society,
but it has only been born with the emergence of private property, the division of society into
opposing classes, the birth of the state and the law when there are irreconcilable
contradictions.
+ The content of the criminal situation: it is the ruling class in society that will determine
which acts are considered crimes and the system of punitive measures based on the nature
and danger of such acts to the interests of its class. At the same time, it is the ruling class that
has the full right to set out the procedures applicable to the investigation, prosecution and
trial of criminal acts and offenders.
- When the correlation of forces between classes changes, the criminal situation also
changes. And when the conflicts between the classes in society are resolved, the crime
situation is also eliminated.
- When studying the crime situation, it must be considered in relation to the interests of the
social class, crime prevention must be combined with class struggle and minimize social
conflicts and contradictions.
8. Analysis of the quantitative and qualitative parameters of the crime situation in
Vietnam in relation to the region and global scope
● Quantitative characteristics of the criminal situation include: the actual situation 21 and
developments of the criminal situation.
- In order to have an objective and relatively comprehensive view of the reality of the crime
situation, the researcher first needs to rely on clear crime data 22 and hidden crime data23.
- In recent years, an average of over 70,000 crimes of all kinds have been detected each year,
including about 50,000 drug crimes. Compared to other countries in the world and in the
region, the crime situation in Vietnam is only average, but complex. Notably, the hidden
crime rate in our country is high, especially in the field of economic and drug crimes.
- Crime is concentrated mainly in cities, towns and towns (accounting for 70%). Crime
routes and areas occur a lot: 5 major cities are Hanoi, Hai Phong, Ho Chi Minh, Da Nang,
Can Tho (accounting for 25-30% of the total number of crimes nationwide annually...).
- In the first quarter of 2022, there were 9,118 criminal offenses in the country, down 10.74%
compared to the fourth quarter of 2021, down 17.51% over the same period in 2021, down
21 The reality of the crime situation is to compile data on crimes that have occurred, the number of people who
commit such crimes and the number of people considered to be victims in a certain area and within a certain period
of time.
22 The crime is clearly a crime that has been investigated, prosecuted, criminally tried and included in the criminal
statistics. Thus, the time to identify the crime clearly is when the crime is brought to criminal trial and included in
the criminal statistics.
23 Hidden crimes are crimes that have actually occurred but are not represented in the crime statistics because they
are not detected, handled or included in the crime statistics.

30
26.72% compared to the average per quarter in 2019. Compared to the same period in 2021,
most crime categories decreased. Some types of crime decreased deeply such as murder,
robbery (down 14.29%), intentional injury decreased by 11.91%... During the quarter, 8,016
crimes of social order were investigated; 19,037 people were arrested, 242 criminal gangs
were dismantled; 1,580 wanted people were arrested, mobilized to surrender, and purged.
- The situation of high-tech crime in Vietnam is currently having complicated developments
with the trend of rapid increase. According to statistics, in 2018 and the first quarter of 2019,
the country initiated 449 criminal cases related to high-tech crimes with 867 defendants and
handled 187 administrative cases. They use extremely sophisticated methods and tricks such
as: Scams, misappropriation of property through social networks; Short payment of goods;
Theft of card information; Theft of telecommunications charges;....In addition, online
gambling crime is also constantly increasing in both quantity and danger. They often hide in
the shadows of betting sites, entertainment games and use the form of unsecured gambling
(pay later) and mortgage gambling (pay first). In May 2019, high-tech gambling crimes
accounted for 14% of all crimes and violations of the law. It is worth mentioning that
gambling websites are also invested, advertised very elaborately and operate publicly.
● Characteristics of the criminal situation include: the structure and nature of the criminal
situation.
- Transnational crimes, of an international nature, crimes with foreign elements have tended
to increase, there have been a number of criminal gangs that are foreigners, or Vietnamese
people who collude with foreign objects to commit crimes such as murder, storage,
transportation, illegal trafficking of narcotic substances, etc.
- The number of extremely serious crimes has decreased but still complicated:
+ Murder crimes, on average, occur about 1,000 cases per year. Although the number of
murder cases has been curbed and tends to decrease, the nature is increasingly serious, the
tricks of crime are increasingly sophisticated and cunning, causing confusion and fear among
the masses. In murder cases, social homicide accounts for a high proportion (90%). Notably,
the situation of family members killing each other tends to increase. The number of murders
for robbery accounts for only about 10%.
+ Crime against law enforcement people increased, occurred seriously in many localities.
+ Rape, especially child rape, has increased and is extremely serious, with an average of
about 600 cases per year. There are some very serious cases of rape.
+ The average robbery is about 1,600 cases per year. However, robberies are particularly
serious, with the use of hot weapons occurring a lot, especially the use of guns to rob gold
shops in broad daylight in densely populated areas and be ready to fight back fiercely when
discovered. The trend of forming organized criminal gangs and gangs, mobile activities in
many provinces, with many participants.
+ Gambling and football betting activities have been complicated, some large football betting
lines have been discovered.

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+ Crimes of trafficking in women and children tend to increase and become increasingly
serious. According to statistics from 1998 to 2006, the country has detected about 5000
women and children trafficked.
+ Regarding the crime of violating the order of economic management, although the Party
and State have many policy guidelines and focus on drastically directing the fight against this
type of crime, the situation of negativity and corruption is still common, especially in key
economic sectors and fields, causing great loss of State assets and aches and pains to society.
+ Drug crimes are becoming more and more complicated. The supply of drugs from abroad
into Vietnam has not decreased, concentrated on the border lines, most of which are crimes
of illegal storage, transportation and trading of narcotic substances (accounting for 71%);
Organized illegal use of narcotic substances accounts for 12%.
- Juvenile crime has increased in recent years, even forming gangs of students using knives,
clutches, swords... to stab and kill each other. The composition of drug offenders is also very
complex: teenagers, students,... The rate of drug addicts committing crimes is increasing,
especially among adolescents.
9. Traditional crime and non-traditional crime in Vietnam
a. Traditional crime (TPTT)
- Traditional crimes are old, familiar crimes that appeared a long time ago; not much
associated with the use of means and tools of the period of knowledge economy and
globalization; with a narrow scope of operation in a narrow space and time.
- Currently, the situation of traditional crimes and non-traditional crimes tends to fluctuate in
the actual number of crimes occurring in many localities in different stages of the country's
situation, specifically: some types of crimes increase, some types of crimes tend to decrease
due to many causes, for example, clearly detected crimes and more statistics than hidden
crime rates. However, the nature, structure and phenomena of crimes are increasingly
complicated and dangerous, causing difficulties for the authorities and seriously affecting
social order and safety.
b. Non-traditional crime (TPPTT)
- Non-traditional crimes are often understood as new crimes or old crimes but new methods
and tricks. These crimes are often associated with the use of the means and tools of the era of
knowledge economy and globalization. The scope of criminal activity is often transnational
and international. The consequences of these crimes are often large, affecting not only the
economy and society of a country but also a region, a region or the globe.
- Non-traditional crimes are usually divided into the following categories:
(1) High-tech crimes;
(2) Transnational drug crimes;
(3) Crimes of money laundering, circulation of counterfeit money, illegal business;
(4) Crimes of human trafficking and human organs;
(5) Environmental crimes ( including crimes that spread diseases to people and livestock);

32
(6) Terrorist offences;
(7) Piracy and maritime insecurity.
- Currently, non-traditional crimes in Vietnam are complicated and tends to increase. They
are linked into organized criminal gangs and activities, have connections, connect with each
other, form transnational criminal gangs and groups.
- Characteristics of current non-traditional crimes in Vietnam
+ Offenders are often those who possess scientific and technological knowledge, especially
IT.
+ Methods and tricks: taking advantage of the system of high-tech means to reach citizens to
commit criminal acts.
+ Non-traditional crimes are new crimes or old crimes but new tricks. Offenses of these
offences are hardly specified in the Criminal Law.
+ Often takes place in many countries, regions, even intercontinental. Offenders also come
from a variety of nationalities. The economic and social consequences of non-traditional
crimes are usually on the PVI of many countries.
+ In Vietnam, the level of socio-economic development is still weak; the opening and
development of the market economy has only been a few decades; the technical
infrastructure for socio-economic development and national security protection is still low;
management and use are not synchronous and inconsistent; The efficiency of using existing
technical means is also not high. This has significantly limited the fight against non-
traditional crimes.
10. Crime situation in Vietnam in the context of the Fourth Industrial Revolution
- The fourth industrial revolution reflects the trend of combining virtual systems and entities,
Internet of Things (IoT) and Internet of Things (IoS) connected systems on a global scale and
affects all countries. The Fourth Industrial Revolution has been and will continue to have a
strong and comprehensive impact on economic, social, national security,...; impact on
subjects, agencies, people,...
- In addition to the huge benefits and opportunities for national development, the Fourth
Industrial Revolution is also posing difficult challenges, especially for non-traditional
security and high-tech crime24. Due to the outstanding development of science and
technology, especially the Internet, high-tech crime has arisen, existed and developed rapidly
in Vietnam.

24 High-tech crime is a problem of the modern world, and has only appeared in the late twentieth century, early
twenty-first century. High-tech crime is a non-traditional security threat factor. Cybercrime is any unlawful act
involving a computer or a computer network. Computers can be used as a means to carry out criminal activities or
can also be the target of criminal acts. High-tech crimes are crimes using high-level knowledge, skills, tools, and
technological means that illegally affect information, data, and signals stored, processed, and transmitted in
computer networks, telecommunications networks, and digital devices, infringing on information security order and
order, harming the interests of the State, and the legitimate rights and interests of organizations and individuals.

33
- The issues surrounding high-tech crime often include illegal activities such as:
unauthorized appropriation and use of computer resources (hacking), copyright infringement,
illegal surveillance programs,... High-tech criminal activities also aim to sabotage computer
systems by spreading malicious codes, stealing information about credit cards, bank accounts
of victims, stealing intelligence information, national secrets, etc.
- In 2011, crimes using high technology occurred in many fields such as politics, economy -
society, mainly in major cities such as Hanoi, Ho Chi Minh City, Da Nang and spreading to
other provinces and cities such as Hai Phong, Dong Nai, Binh Duong, Phu Yen... The
majority of offenders are students with knowledge and passion for information technology, a
few are officials and civil servants. They often gather and link together through forums on
the internet (also known as underground or underground world) to share tools, methods and
tricks to commit crimes. Therefore, the trick is increasingly sophisticated, discreet and there
is a constant change of methods to evade the detection of law enforcement agencies.
- In 2016, Vietnam had a total of about 145,000 different cyber attacks targeting information
systems with three main forms: phishing, malicious code, and interface changes, causing
losses of more than VND 10,400 billion. More than 10 thousand pages/portal with the
domain name ".vn" were hacked, hijacked, changed the interface, installed malicious code.
More than 70% of computers are infected. According to the Computer Emergency Response
Center (VNCERT), in the first quarter of 2017, there were nearly 7,700 incidents of
cyberattacks on websites in Vietnam. Intellectual property violations, technology theft,
internet copyright are increasing, the risk of cyber espionage, cybercrime becomes complex
and dangerous. Fabricated and unverified information in order to slander and defame the
honor of individuals and organizations with complicated and increasing developments.
- Currently, up to 70% of high-tech criminals are young people, mainly from 18-30 years
old. There are many people who use information technology devices very proficiently and
professionally. However, they did not use their knowledge and understanding to serve
society but implemented law breaking actions.

CONTENT 5:
CAUSES OF CRIME

1. The concept and classification of the causes of crime.


a. concept
● The cause of crime is the totality of negative phenomena of social life combined with
psychological factors, biological factors and certain dialectical situations that give rise to
crime, support, promote or inhibit its existence and development.

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● The cause of crime is still a special form, which is the spontaneous form of crime (i.e. it
itself creates new anti-social activities through a process of spontaneous generation of
crime). The four typical forms of expression of this self-determination process are:
(1). The first form of self-generated crime is the successful and undetected implementation of
the crime, which often gives rise to other crimes that → appear to be multi-crimes (multiple
crimes, multiple crimes...), giving rise to professional crimes and repeat crimes.
(2) . The second form of crime spontaneity is a crime committed arising from the need
(concealment...) or stimulation by another crime to → create a potential criminal context.
3. The third form of self-generated crime is organized crime that → leads to the process of
self-generating many different crimes.
4. The fourth form of crime spontaneity is reflected in the psychology of the social
community.
● The condition of the crime and the dialectical relationship to the cause
- In addition to the causes of crime, there is also the concept of conditions that contribute to
the creation of crime, including natural, social or technical factors. The conditions
themselves do not constitute a crime but facilitate its execution.
- Conditions and causes may change position from time to time and negative conditions may
be interchangeable.
- In fact, the evaluation of certain phenomena such as causes and other conditions is relative.
One particular phenomenon in some interactions may play the role of a cause, while in others
a condition.
- There are very negative and unfavorable circumstances, but it is also difficult to conclude
that it is the cause of the crime because these circumstances when interacting with different
types of personalities can lead to opposite results. However, it is possible to point out the
circumstances in which many people tend to commit crimes more often, which are
potentially criminal (they carry within them the possibility of committing crimes).
b. Classification of the cause of the crime
● Based on the general and the specific:
- The causes of crime are social phenomena in general.
- The causes of each type of crime (for-profit crime, violent crime...).
- Causes of specific crimes (robbery, rape, intentional injury...).
● Based on the nature of appearance:
- Objectivity: contradictions in social life, in economic and social relationships.
- Subjective: on the basis of psychosocial factors, legal awareness factors, purposes, motives
and value standards.
● Based on the group of elements with the same nature:
- Biological factors.
- Psychological factors.
Social factors

35
● Based on the level (scope):
- Baseline level - psychological level (individual): studying the psychological causes of the
commission of crimes by specific people (mechanisms of crime) → Shedding light on the
common causes of criminal behavior at the individual level is the inadequate socialization of
identity.
- Higher and more abstract level - sociallevel: considering the evils and inadequacies in the
social system.
- The highest level - the level of rules: answering questions about the causes of negative
phenomena in society in general.
2. Biological factors in the cause of crime
- Biological factors play a role in the development of all human behavior. They do not
operate alone, but each interacts with many biological and abiotic factors in a complex chain
of causality.
- Biological states - the state of activity of biological factors in a given time - and factors in a
small number of directly related cases are considered to be the origin of the behaviour
supposed criminal. However, in most cases, biological factors play an indirect role in the
identification of such offenses.
a. Biological factors directly related to offense → rare crime
- Brain damage process: there are specific brain structures that create and stop aggressive
offense.
+ Different forms of aggressive behavior are related to different structures.
+ If these structures are affected by tumors, agitated processes or other diseases of the brain,
by aggressive hvi, verbal and violent, it will cause effects.
- Brain damage (congenital or extrinsic):
+ Among serious offenders subject to psychiatric assessment, a high rate of treatment for
head injuries is well documented.
+ Early head trauma is most likely the cause of minor brain damage that characterizes
children as future offenders.
- Epilepsy:
+ If the brain structures produce and terminate aggressive bahavior triggered by abnormal
electronic activity, aggressive behavior will occur.
+ Epilepsy is a disorder in which a small number of brain cells are damaged. In some cases,
depending on the location of the damaged cells, an attack can produce an aggressive form of
behavior.
+ Even if the cases of brain damage are obvious, other non-biological factors (social class,
learning, family function) still contribute to the development of aggressive behavior.
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b. Biological factors indirectly related to offense → rare crime
- Genetic factors: There is the existence of a genetic factor in determining the crime,
however, in some cases, genetic factors appear but are not enough to decide an adult to
commit the crime.
→ There is not only one chain of causal interactions that leads to adult crime, but there are
different interactions.
- Chromosomes: Current knowledge about the role of genetic factors in determining the
complex hvi of adults ending an era is marked by the search for chromosomal abnormalities
that can cause crime.
- Studies on families and twins:
+ Research suggests that the family plays an important role in identifying crime, but it does
not help to separate its specific determinants such as study, social class, genetics...
+ Studies of twins' similarities to criminal hvi have been conducted in an attempt to discover
whether genetic factors may be involved in adult criminal offensive determinants.
- Small lesions in the brain:
+ Small brain lesions reflected by neuropsychological and IQ tests may be due to injuries to
the brain during pregnancy or early life.
+ Another sign of brain damage in young children is the presence of restlessness, impulsivity
and difficulty in paying attention.
- Neurochemicals of the brain: One of the circuits, which uses chemical compounds from
amino acids, is the basis for impulsivity, aggressive behavior.
- Psychophysiological factors:
+ Some recent studies demonstrate the special function of the autonomic nervous system 25 in
some male criminals.
+ Electrode studies (electrical activity of the skin sweat glands) show that slow recovery of
baseline rates is measured in boys in relation to delinquency and aggression, while in adult
male delinquents it predicts recidivism.
- Hormonal factors:
+ Children with26 low adrenalin levels have been assessed by teachers as aggressive and
hyperactive.
+ Some violent offenders may have elevated levels of Testosterone (male sex hormone) in
the serum.
+ The link between hypoglycemia and aggressive behavior has been suspected.
3. Psychological factors in the cause of crime

25 The autonomic nervous system is the system that controls unintentional activities, such as the activity of the
heart and glands, respiratory and digestive processes, reflexes. Autonomic nervous systems consist of parts of the
peripheral and central nervous systems which regulate visceral functions.
26 Adrenalin is a hormone produced by the adrenal glands in a state of euphoria or general anxiety.

37
● Psychological factors in psychological theories are mainly related to the interpretation of
behavior at the level of the individual. Personality theories or theories of social learning are
created to explain an individual's behavior in a particular situation.
● Nearly all studies can be described as 1 reflection of 1 of 2 value assumptions:
- Assumptions about the shortage of offenders: theories and interventions based on the notion
that there is something psychologically wrong with the offender.
-Assumptions about distinguishing features: offenders are different from non-criminals,
especially those conditions such as impulsivity and aggression.
● Research on the psychological deficiencies of offenders or people with a tendency to commit
crimes, it is also necessary to pay attention to their positive points to have an overall and
accurate view of the model of behavior of these people. In addition, psychological studies
in explaining the causes of crime should be directed both to the potential importance of
situational and environmental factors affecting the individual behavior.
● The motive for the crime will be influenced by psychological factors, including past learning
and personal beliefs, or may have been unconsciously received about the crime.
● Psychological factors and personal differences regarding identity are of primary importance
in relation to both the cause of the crime and its control.
● Through the direct influence on the personality development process of each individual,
psychological factors form in them stable and sustainable characteristics and attributes that
help to orient perception, emotion, hvi in each specific situation.
● Psychological factors have a direct influence on the formation of negative personality in the
offender through 3 groups of factors:
- Mental processes:
+ Demonstrate that the development of human personality is regulated by the internal factors
of instinct (Instinct), need (need), Unconscious conflicts (Unconscious conflicts) and
Cognitive (Cognitive).
+ The personality structure of people is divided into 3 parts: instinct 2728, ego, super-ego29. In
the state of normal operation, all three parts restrain, release and reconcile with each other.
But if 1 or 1 of the above parts is too weak or too strong, there will be negative behavior in
the individual, leading to the implementation of offense.

27 Instinct is the basic aspect of personality, from which wishes, desires, desires manifest. This section focuses
mainly on love, jealousy, sex as the basic desires of any individual.
28 The ego is what faces the demands of the → ego reality. The ego tends to influence the individual's plans in
order to maximize satisfaction and minimize suffering. It arranges a variety of actions to achieve the fullest
satisfaction. The instinct perceives in itself that it is necessary to suppress momentary gratification in order to
achieve a long-term goal.
29 The superego is like a moral signpost, what is right, what is wrong. If properly developed, the superego is the
experimentation with the expectations of the ego, the rejection of hvi that do not conform to ethical standards and
the acceptance of hvi that conform to morality.

38
+ Cognitive factors suggest that the cognitive process strongly 30 affects human behavior.
Misperception will cause reality to be distorted, leading to crime.
- Behavioral Factors:
+ The formation and development of personality is the establishment, maintenance or
modification of a system of behaviours during the development of individuals, through
exposure to negative stimuli from the environment, individuals learn and form hvi crime.
+ Offense is consolidated or reduced as a result of the consequences it creates in the
environment31.
+ The situation also plays an important role in motivating to commit crimes.
- Personality Factors:
+ Personality development is a long-term process, from DNA genetic factors to the
formation of the cerebral cortex, followed by single thoughts and personality traits that result
in personality types with stable psychological attributes and predispositions.
+ Some extraversion personality types (impulsive, reckless, adventurous) are associated with
young criminals, neuroticism (anxiety, low self-esteem, emotional) is associated with old
criminals and psychoticism (selfishness, lack of empathy, coldness) is associated with all
crimes of this personality.
+ Antisocial personality disorder (Antisocial Personality Disorder) has also been identified
with a strong association with offense.
● The application of psychological knowledge to explain crimes is increasingly widespread
and has been demonstrated by various studies on specific types of crimes:
- Violent crime: aggressive offenses and violence can be the result of unconscious conflict
resolution, needs or rooted in human fighting instincts.
Sex Crimes
+ Poor cognitive - perceptual capacity in social communication causes some people to
misunderstand the wishes of women and cannot refrain from small stimuli, resulting in
sexual assault.
+ Personality in sexual crimes include: anger (using a lot of violence, humiliating the
victim), restraint (often kidnapping, imprisonment to suppress and control the victim),
masochism (preferring torture, causing serious injuries to the victim to achieve euphoria). Of
which, 90% of sexual offenders are angry and controlling.
- Mental and criminal disorders:

30 Perception is the way individuals interpret and assign meaning to events and situations in reality.
31 That is, the consequence of increasing crime is to help satisfy certain needs (eating, staying,...) or avoid
discomfort (poverty, family breakup,...). The consequence of reducing offense is discomfort (being condemned,
arrested, imprisoned,...) or eliminating the feeling of satisfaction (the victim is no longer afraid, members of criminal
groups do not worship the leader...). The basis for determining what consequences help satisfy or impair the offense
must be based on the individual who performs the offense.

39
+ Schizophrenia spectrum disorders32 have the strongest association with severe and
persistent violence, especially for people who have had a history of violence in the past.
+ The offender suffers from Antisocial personality disorder, if he is a man, he often commits
collective violence, against the police, sexual assault to relieve anger, hatred and very
persistent crime; If he is a woman, he tends to have promiscuous sex, lacks long-term goals,
gets married and divorced many times, often violates the law with acquaintances.
● Community psychology also contributes an important part to the cause of crime, including 4
levels: individual level, individual group level, organizational level and institutional or
community level. This approach will give us an explanation of “victimless” crimes such as
drug addiction and prostitution.
4. Social factors in the cause of crime
a. Overview of explanations of the causes of crime through social factors:
● Social structure and crime: Crime is the result of the position of individuals in a social
structure.
This approach focuses on the social and economic conditions of life, including deprivation,
differences in opportunity, racism, social disorganization, individual failure, alternative ways
of succeeding, group cultural values that conflict with accepted values.
- This approach explains crime in 3 areas:
+ Emphasize the demographic and geographical factors of a group of people and point out
the lack of social organization as the main cause of crime and victimization.
+ Point out the gap between the overall goal of social success and the means to achieve that
goal. → Individuals who do not achieve success by legal means will find other (illegal) ways
to achieve economic success and social recognition.
+ Consider the origin of the crime in relation to the conflict between different social groups
over which acceptable hvi is acceptable as acceptable hvi.
- This perspective emphasizes the importance of geography and infrastructure in relation to
victim selection trends.
- The purposes that are considered legitimate include wealth, social status, personal
happiness are the wishes of everyone. However, the ability to access official ways to achieve
the above objectives such as education, finance, etc. is uneven among individuals in →
criminal society and illegal activities tends to increase.
- Cultural conflict 33indicates that the cause of the crime can be found in the disagreement of
principles between different cultural groups about what is acceptable or what is right and
appropriate.

32 Schizoaffective disorder is a complete loss of cognitive capacity and hvi.


33 There are 2 types of cultural conflicts, one is that conflicts mainly arise when basic cultural conflicts occur (for
example, the custom of taking a wife is a custom of one region that cannot be practiced in other regions without this
custom otherwise it will be illegal). Secondly, secondary conflicts arise when small cultures within a larger culture
disagree with each other.

40
● Social process and crime: Crime is the result of a diverse social process, especially
inappropriate learning and socialization.
- This approach emphasizes the role of interpersonal relationships, the strength of social
constraints, and the consequences of individuals' and groups' social responses to standard
deviations when they engage in crime.
- Social process theory:
+ Assume that each person has the intention of VPPL and the criminal personality is not an
innate human personality, but is learned in interaction with other hvi and the socialization
process is the initial result through learning.
+ Assuming that it is the process through which the offender's personality is obtained, the
concept of standard deviation is established, and the results of the crime are active, open-
ended and continued throughout a person's life.
- Other doctrines:
+ Early social learning theory emphasized the role of communication and socialization in
obtaining criminal samples of offenses and the standards that underpinned those offenses =>
claim that all learnings in the same way over and over again and that criminals, like other
forms of offense, also learn.
+ The labeling doctrine indicates the outstanding characteristic of society's response to
offenders that → society's response to standard deviations is very important in relation to
criminal behavior.
+ The shame of reintegration emphasizes the potentially positive consequences of the
labeling process.
+ Social control theory focuses on the importance of the social connection that people share
with familiar people and individuals around them to → identify the characteristics of
individuals and the environment that keep people from committing crimes.
● Social Conflict and Crime: Social Conflict Creates Crime. Crime is the result of conflict
between groups of people in society.
- Conflict theory (the foundation is Marxist theory): Crime is a function of class struggle.
The capitalist system emphasizes competition and wealth as what creates an economic and
social environment in which crime is inevitable.
- Social conflict theory:
+ Emphasis on economic, social, political and crime places is attached to the context.
+ Crimes and crimes are the result of controversy. → Conflict between social groups
contributes to crime.
- Contemporary radical criminology argues that crime stems from social conditions that
empower a wealthy and politically powerful group but deprive the less fortunate group of
benefits.
- Radical criminology is based on Marxist political theory that inequality in social status and
economic power contribute to the fluctuation of crime.

41
- Critical criminology focuses on critiquing the relationships between classes in society.
- Men and women's equality criminology recognizes the inequalities that exist in society in
gender discrimination.
- Left-wing realist criminology is geared towards debating so-called “real” crimes.
- Reconciliation criminology agrees that the reduction of crime is due to the cooperation
between the efforts of the judicial authorities and the citizens they serve: The effect of crime
control and citizens must be intertwined to alleviate social problems including crime.

a. Specific explanations of the causes of crime through social factors as the basis for
crime prevention programs and strategies:
(1). Programs and strategies to prevent crime situations: (3 theories).
● Activity cycle theory: helps explain the circumstances necessary for a crime to occur.
- Routine activity theory holds that most crimes are committed by motivated offenders
against a target or potential victim at a specific time and place.
- Situational crime prevention refers to the last 2 elements of this equation: it serves to
protect a target or potential victim through measures that reduce the chances for the crime to
occur in a specific time and place.
- Prevent situational crime associated with the offender only insofar as interventions reduce
the opportunity to influence his/her decision-making process.
● Rational choice theory: explains the decision of the offender and argues that the offender
has choices and decisions during the planning and execution of a criminal act, and
therefore can be deterred.
- Prevention of a crime situation is not entirely the premise of the economic theory of hvi
crime, but considers the offender as the decision maker and calculates the advantages and
disadvantages when committing a specific crime.
- Prevention of crime situations shows that not all offenders have a reasonable decision-
making process when they plan or commit a crime.
- However, crime prevention is premised on the assumption that many offenders who
practice some form of rational thinking will weigh the potential risks against the potential
benefits.
● Offender-seeking theory: shows that hvi caused by the offender's opportunities are
stimulated by signals emitted by the physical environment.
- The social and physical environment provides cues that establish opportunities for certain
crime or antisocial behavior by giving the individual with the hvi the opportunity to be
forgiven in certain situations.
- oken window theory states that if the police and society in general do not deal with
disorderly practices (drunkenness, drug use, etc.) it can lead to the perception of potential
offenders that their sins will be forgiven, ignored, and go unpunished.
(2) . Crime prevention strategies and programs based on social development: (4 doctrines)

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- Crimes are considered a product of disorganization: Some people in society may introduce
different standards or behaviors into a community, but these are sometimes inconsistent with
common practices, → causing social instability, leading to many social rules that are not
respected, broken and leading to the emergence of crime.
● Subcultuaral Theory
-Many activities can be learned in the process of growing up, → tendency to commit crimes
can be nurtured if an individual lives in an environment in which criminal hvi can be
observed, learned by those same individuals through contact with others, especially from
offenders.
- Crimes often come from communities that regularly disregard and because of isolation
from law-compliant communities.
● Social Learning
- Like the subcultural theory above, the social learning theory holds that behaviour commit
crimes due to learning from a bad living environment and behavioủ commit crimes often
comes from observing the behavior commit crimes committed by others.
- Mimicry theory explains human behaviour based on the combination of perception, and
environmental impact.
- This theory is given to explain children's violence: violence is not associated with any
individual, instead, this violence is influenced by the family, the media, → and the living
environment. Children's aggression is due to learning through a process called "behaviour
modeling" in which children are "trained" to act violently and use violence as a way to
reproduce the hvi of adults who show aggression and act violently.
● Social control theory
- The social control theory argues that criminals do not need special motivation. Through
social bonding, society encourages individuals to give up their selfishness and comply with
certain regulations and norms.
- law followers do not fall victim to temptation by sinful because of their internal self-
control, which helps them to curb antisocial temptation. Poor personal self-control is due to
the shortcomings of socialization.
- There are 4 elements of social control:
+ Attachment to parents, families, and important institutions such as schools or local
communities is considered the most important link in a child's positive socialization. The
quality and quantity of time a child and parent spend together, their feelings for each other,
levels of intimacy such as bonding and reciprocity represent the key points of attachment.

34 Disorganization refers to a state in which the rules of social conduct are unclear or not implemented by people
in that society.

43
Loose → relationships and attachment from parents and families undermine positive
socialization and impede self-control, as well as increase impulsivity, placing the individual
at high risk of deviant or criminal tendencies.
+ Commitment is the degree to which the individual truly sees himself or herself as valuable
to society. People who are socially committed lose more when they commit crimes or deviate
from the norm. Lack of commitment to conventional values increases the risk of individuals
carrying out criminal activities.
+ Participation refers to the amount of time a person spends participating in important social
institutions. An individual deeply involved in civil society will have less time for violate the
law.
+ Belief in the values and norms of society, including respect for the . If that trust is diluted
or lost, an individual will be very likely to commit antisocial and criminal acts.
3. Community-based crime prevention strategies and programs:
- Derived from the hypothesis of the loss of cohesion in the community in urban areas during
the process of urbanization too quickly:
+ Modern urban society is creating weaker and more superficial bonds between individuals,
leading to social disintegration, endangering social cohesion and civil society.
+ The development of urban and industrial areas has created theories that societies become
faster in urbanization and personal and informal interactions between people are replaced by
non-personal and legal relationships.
- Another important theory is that the loss of cohesive social community contributes to crime
and disorder in Western society.
- The theory of crime and disorder argues that the scale and complexity of society has robbed
individuals in urban areas of sustainable cohesion.
- The main theoretical heritage of community-based crime prevention stems from the time
when Chicago connected the relationship between crime and society at that time.
1. The link between social, psychological and biological factors in explaining the
causes of crime
- Negative social and biological factors only play an indirect role in the formation of crime
through causing negative psychological factors that form negative personalities in offenders
and motivate them to commit crimes.
- Risk factors in the social environment 35 increase the likelihood of individuals experiencing
negative psychological problems.
- Biological state risk factors:
+ Heredity: there is a link between hereditary factors, genes and crime;

35 The risk factors in the social environment are: poverty (lack of basic resources to maintain life); rejection by
peer groups (not joined by friends, peers); lack of active care in childhood (the period of 3-5 years old with little
attention and support); academic failure (poor academic achievement and non-integration in the learning
environment); adverse factors from family (living in a unhappy family, domestic violence, single parenting, wrong
parenting methods, lack of parental control, negative influence from siblings).

44
+ Psychophysiology: there is a link between electrode reactions (subcutaneous sweat glands),
low heart rate and juvenile delinquency;
+ Neuropsychiatry: impaired executive function in the brain and brain injury associated with
aggressive and impulsive behaviour in children;
+ Hormones and neurotransmitters: there is a link between levels of Adrenanlin (the
hormone of excitement or anxiety), testosterone (the male sex hormone), serotonin with
psychological disorders and violent, impulsive crime in juvenile delinquency.
- Social or biological risk factors promote the formation of negative personality in the
offender, through causing negative psychological factors such as: lack of attachment,
cognitive and language impairment; impaired intelligence index,...
⇒ In general, psychological factors are intermediate consequences between social and
biological factors for individual offenders. Through psychological factors, the negative
personality of criminals is formed, leading to the commission of crimes in them.

Point 6:
IDENTITY OF THE OFFENDER
1. The concept of the identity of the offender
● Identity is one of the civil rights associated with the person himself/herself, whereby the
identity is formed and arises, changed and terminated by a decision of a competent state
agency. For example, marriage, birth, death, identification of paternity, husband and wife,
full name, nationality, hometown, ethnicity.
● Personal rights are civil rights attached to each individual, which cannot be transferred to
others, unless otherwise prescribed by other relevant laws, based on the provisions of
Clause 1, Article 25 of the Civil Code 2015.
● The identity of the offender (from a social perspective) is the sum total of important
negative social attributes, formed and developed in the process of systematic and diverse
interaction of different people.
The social→ character of the offender's identity allows it to be considered as a member of a
society, social group or other community, the subject of social features.
→ Although the identity of the offender is not a factor constituting the crime, it is very
important in deciding the penalty framework, which is one of the aggravating and mitigating
circumstances of criminal liability. Investigation and prosecution agencies, in order to find
the right person and judge the right crime, require a full study of the identity of the offender.
● TPH studies on the identity of offenders are conducted to clarify and evaluate the
characteristics and characteristics that give rise to crime, for prevention purposes.
Meaning of the study on the identity of the offender:
- Firstly, the study of the identity of the offender has significance for the determination of the crime
as well as for the determination of the penalty frame. These are crimes that the basic food force or

45
the aggravated or mitigated food force of these crimes show signs of reflecting certain
characteristics of the identity of the offender. For example, the basic food force of the murder of a
newborn requires the subject to be the mother of the child.
- Secondly, the study of the identity of the offender is important in deciding the punishment.
Through the study of the identity of the offender, it is not only possible to assess the ability of the
offender to educate and reform, but also to assess the nature of the danger of the offender in order
to have an appropriate punishment. The same behaviour but in one person is an unexpected random
expression but in another person is a calculated, deeply conscious behaviour that manifests the
nature of the offender. behaviour and people are always related, so the nature and level of danger of
hvi crime also depend on the nature of people.
- Thirdly, due to the relationship between the identity of the offender and the nature and danger of
the crime, the criminal law has considered the identity of the offender as one of the grounds for
deciding the penalty. On the other hand, the law also stipulates that many circumstances belonging
to the identity of the offender are circumstances that aggravate or mitigate criminal liability. For
example: When reviewing the identity of the offender of A, it shows that A has not been convicted,
has not been handled for administrative violations, but always commits acts of disturbing public
order, has no job...When considering the identity of the offender of B, it shows that B has not been
convicted, has not been handled for administrative violations, but has not committed any violations
of the law, has a job, a stable job, always complies with civic obligations... Considering the identity
of the offender of A and of B shows that the identity of A is worse than the identity of B, so
deciding the punishment for A must be heavier for B, if the other circumstances of the case are the
same.
- Fourth, the study of the identity of the offender plays a great role in clarifying the motives and
purposes of the offender. For example: A is unemployed, always lacks money, so he has stolen and
B has a decent job but also steals. So the motives and purposes of A and B are not the same. This is
also the focal point for the investigating agency to determine the right direction to investigate, solve
the case and decide on the punishment.

Article 45 of the 2015 Penal Code considered the identity of the offender as one of the grounds for
deciding the penalty. In addition, Article 51 and Article 52 of the Criminal Code 2015 also consider
the circumstances belonging to the identity of the offender as the mitigating or aggravating
circumstances of the offender.
Personal circumstances mitigating criminal liability

● m) The crime is committed due to obsolescence;


● n) The offender is a pregnant woman;
● o) The offender is 70 years of age or older;
● p) The offender has a serious physical disability or extremely serious physical disability;
● g) The offender has a disease that limits his/her awareness or control of his/her acts;
● v) The offender is an excellent worker, soldier, or student;
● Offenders are people with meritorious services to the revolution or parents, spouses or children
of martyrs.

46
2. Characteristics of the offender's identity: allowing the difference between the
offender and the non-criminal to be determined, clarifying the factors and impacts on
the commission of the crime.
a. Demographic - social characteristics:
- It needs to be conducted in different spaces, not only on a national scale but also on the
scale of provinces, cities, districts and communes.
- Its results will help to identify important directions of prevention. For example, in a
population group, indicate which group regularly commits crimes.
b. Age characteristics:
- Allow to draw conclusions about the positive potential of crime and the characteristics of
criminal activities representing people of different ages: adolescents often commit violent,
hostile and spontaneous crimes; middle-aged people are more calm and considerate.
→ Age determines the needs, life purpose of people, areas of interest and interest, lifestyle...
are factors that cannot not be mentioned in violated the .
c. Information about the position and social nature of the job:
- It is allowed to conclude which groups and social classes, which areas of social life are
most common in terms of this or that type of crime.
- For example, among offenders, unmarried people often account for the majority compared
to unmarried people (double).
d. The nature and length of the crime: recidivism is mainly manifested in theft, robbery
and in members of criminal organizations.
e. Psychological factors of the offender:
- Agitation: related to sensitivity and vulnerability, → these people often use force in conflict
situations (murder, robbery, rape...).
- Specific characteristics are formed within the framework of personal existence, on the basis
of personal life experience and even biological characteristics.
Table 1: Characteristics of the offender's identity
Personality, temperament, characteristics of
Moral characteristics, value inclinations, stance.
thinking and other psychological characteristics.

Express yourself, your opinion of yourself and


Habits, abilities, perceptions.
your ego - the concept.

Demonstrate and attitude towards the external


Social aspects of gender, age, health status.
environment.

The psychological and social aspects of life experience.

Distinguish between the identity of the offender and the subject of the crime

47
- The subject of the crime is the concept of criminal legal science, is one of the 4 factors of
foodsafety, is an indispensable condition for criminal prosecution. The subject of the crime is a
specific person who intentionally or unintentionally performs hvidangerousto society, has sufficient
human resources and reaches the legal age . In addition, for special subjects of crime , there must
be additional signs such as gender, age, position, occupation, family relations....
- The identity of the offender includes all the signs prescribed by the criminal about the common
subject as well as the special subject of the crime, but in the concept of the offender's identity, that
sign is shown more broadly and in more detail. For example, the sign of age in the identity of the
offender is not only a factor determining the hvi capacity of the person (age of child abuse – Article
12 of the Penal Code), but is also considered a feature related to changes in mind, physiology, life
experience and different roles and social status.
- Psychological characteristics (internal signs) of the offender's identity are the whole psychological
life, the formation and development of their personality with all emotions, feelings, will, trends,
personality habits, needs, desires... The subject of the crime mainly considers the signs of reason
and will expressed in the ability to perceive and regulate behavior, as a basis for determining child
labor and the fault of a person when they perform hvi dangerous to society.
- The identity of the offender also has characteristics and signs that are absent or unnecessary in the
concept of the subject of the crime in legal terms, such as signs in terms of education level,
ethnicity, religion, social relations... their attitude towards social values and themselves.
Discriminate between the identity of the offender and the individual offender
- "Individual" refers to a specific person as an individual in society, the product of social
development, the subject of labor, of all social relations, bearing the basic characteristics of certain
cultural and social conditions. In each individual, there is both a distinct and a common feature of
the community and they are in harmony with each other.
→ "Individual offender" is a concept used to refer to an individual in society who has committed a
crime. Although each individual offender reflects the general characteristics of social people in
general, the concept of an individual offender is used to refer to a specific person who has the
unique characteristics of each offender. Those individual characteristics speak to the individuality
of the offender. Therefore, it can be said that the concept of "identity of the offender" is in the
generalcategory, while the concept of "individual offender" is private.
3. Type and types of offender's identity
Reference: https://iluatsu.com/hinh-su/cac-dac-diem-nhan-than-nguoi-pham-toi/
1. Social – demographic characteristics are characteristics bearing external signs such as:
● Gender
● Age
● where to live
● Occupation
● Family background information
● Family Background
● Family economic situation;
● Residence
● Social relation
Each of us has such social and demographic characteristics, which in themselves do not confirm

48
that someone personally commits a crime. An individual commits a crime when negative personal
characteristics are formed in the course of life and when a situation leads to criminal behavior,
these characteristics to some extent affect the process of forming a negative identity of the offender.
1.1. Gender
Gender characteristics identify offenders as male or female. Through the study of the ratio between
men and women in committing crimes, the rate of men committing crimes is always higher and
more "stable". It can be identified that men are more susceptible to the influence of the environment
and living conditions to form negative psychological characteristics or are more susceptible to vices
in society than women. Typically, for every 100 offenders, there are only 6 to 10 women.
However, in recent years, the criminal structure by gender is changing. The female crime rate tends
to increase and the types of crimes committed by them are increasingly diverse.
In addition to the main crimes that women used to commit in the past are: Theft of property;
Misappropriation of property; or Speculation..., there are now many dangerous crimes in that
category such as: Kidnapping of children, Prostitution, Illegal drug trafficking... especially a
number of criminal gangs with the participation of women, even with the leading role, have caused
many very serious crimes such as murder, robbery, kidnapping and extortion... making the situation
of social order more and more complicated.
1.2. Age range
Along with the change of age is the process of personal change. The different stages of personal
development do not depend on age characteristics, but mainly on the actual forms of activities with
specific content of people.
Research on age in criminology indicates which age groups crime is prevalent. The physical,
psychological, cognitive, emotional development... of different ages will have different
characteristics, thereby affecting human behavior. Criminology studies age in order to identify two
important issues:
● Which age group commits the most crimes, the distribution and evolution of crimes by
age;
● The structure of crime by age.
Studying age characteristics helps to prioritize reeducation and prevention measures.
In fact, offenders between the ages of 18 and 30 accounted for the highest proportion, followed by
those between 31 and 45 years old and juveniles (between 14 and under 18 years old), while those
over 45 years old committed crimes accounted for less. For different ages, the criminal structure
performed also has different characteristics. For example, the most common crimes committed by
minors are property infringement crimes such as theft, robbery, robbery , and property
appropriation fraud.
1.3. Education level
The level of education shows the level of understanding and knowledge of people about the
objective world, about society about relationships and different areas of life.
All these understandings will directly affect the intellectual development, the formation and
development of personalities, and have a great impact on behavior and conflict resolution in each
person's life. In many cases, due to the low level of education, it has created many limitations in an
individual's handling of situations arising in daily life, causing many people to have distorted
thinking, from which they have wrongful acts with the provisions of the law in general and the
criminal law in particular.

49
For example: Because of the low level and backwardness, in some ethnic groups, when the mother
gives birth to a dead child, the people will bury the child with the mother.
Studying the education level of offenders is not limited to analyzing the composition of offenders in
general and comparing with the education level of the population, but it is necessary to study the
education level of each group and type of offenders separately, and at the same time must show the
relationships and dependencies between the education level and the tendency to commit crimes of
those groups and types of offenders. In fact, offenders in different groups also have different levels
of education. People with low education often commit violent crimes, hooligans or crimes that
violate social order and safety, and crimes that violate the economy, crimes of position or interest
are committed by people with higher cultural qualifications.
1.4. Occupation, social status
Social and occupational status is an important feature of human identity and the identity of the
offender in particular. Social status is often tied to the person's occupation and depends on their
level of education. For people with stable occupations and high social status, it will be easy to have
favorable conditions for personality development, the basic needs of a guaranteed life, which will
limit the occurrence of conflicts. Social and occupational status studies indicate the groups of
people working in which sectors of society are prone to committing crimes and the types of crimes
they commit. Some criminal groups whose occupational characteristics and social status have a
great influence on criminal behavior such as the group of crimes of violating the order of economic
management, the group of corruption... Signs of social status indicate which crime groups are
popular, and they also guide the understanding and pointing out the factors that give rise to crime
that characterize different occupational groups of residents, economic sectors, different forms of
production.
In the human identity in general, occupations and social status have a great influence on the
behavior of each person and it often shows the unique styles of each type of person according to
occupations and social status. According to crime statistics, the majority of offenders are people
with no profession or unstable occupation, very low status in society. Especially for those who
commit recidivism, dangerous recidivism , this index is usually very high.
Research on signs of social and occupational status of offenders shows that it is necessary to
associate and solve the crime problem in society with the education and vocational training of
offenders in the re-education process, which is one of the solutions to limit the current recidivism
situation.
Family background information
The family functions as a function of social reproduction; the function of education... all these
functions are closely related and affect each other, in which the function of education is an
extremely important function.
Through the family, individuals learn social norms and values that society values. The most
important factors in an individual's personality are: self-awareness; attitudes; hobbies; beliefs; life
purpose; value orientation... are formed within the family framework and through the role of family
members, especially parents.
The family's shortcomings, plus other factors, have impacted the individual's criminal conduct.
Offenders often come from families with certain shortcomings and limitations such as economic
difficulties; marital circumstances; unhappy families; families with limited control in education and
management over their members; families with a prolonged atmosphere of conflict; deviations in

50
moral sense; legal sense and value orientation...
Research on the family situation of the offender's identity will usually note the following factors:
● Family relationship: is information reflecting on the marital status of the offender
(married or not, spousal and child relationship...)
● Relationships with other family members such as (grandparents, parents, siblings...).
Studies of offenders show that, in general, married family members commit fewer crimes than
unmarried people. In the majority of cases, the main family factor has had a positive impact on the
behavior of each family member while the family plays the role of controlling and supervising the
behavior of each family member, minimizing behaviors that are inconsistent with social standards.
However, there are many cases of offenders living in families with incomplete structures (divorced
parents, dead parents, separated families, etc.).
1.6. Family composition
The study of the family composition of the identity of the offender is mainly meaningful in the
study of crimes against national security. People who commit this type of crime often come from
the family of the old exploiting class or who have worked for the overthrown old government.
1.7. Family economic situation
Research on the family economic situation gives us information about the family economic status of
the offender such as: income level, income source; housing conditions.... Research on the identity
of juvenile offenders shows that 79% of them live in large families; 32.2% live in poor families;
40.7% live in families with sufficient food; 24.6% live in families with good economic conditions –
Prof. Tran Dai Quang, Prof. Nguyen Xuan Yem (2013), Vietnamese Criminology, Volume 1,
People's Public Security Publishing House.
This data shows that the difficult family economic situation is also a factor that has pushed them
into the path of crime.
1.Residence
Studying the residence of the offender's identity has great significance in crime prevention. Urban
or rural residences are places with different lifestyles. The city is a place where cultural, political
and social foundations are concentrated. The pace of life in the city is faster, all activities take place
quite quickly, which has affected the loose behavior of people. However, in rural areas, due to the
influence of the community cultural lifestyle, people almost know each other, this is a social
monitoring factor, forcing individuals to behave towards the common standards of the community,
individual behavior is dominated by customs as well as unwritten laws.
The characteristics of urban life also determine the fairly high prevalence of some types of crime.
However, it should be emphasized, the increase in population in a city does not create the growth of
crime in that city.
1.9. Social relations
The study of social relations is that we explore the interplay of influence between the offender and
those around him. Specifically, relationships: friends, groups, mass organizations...Reflections on
the social relationships of offenders help us partly explain their attitudes and behaviors in real life
situations, thereby having a positive impact to promptly prevent criminal acts. For offenders,
attention should be paid to abnormal social relations, which is the basis for investigation orientation
as well as crime prevention.
In addition to the above characteristics and signs, other signs belonging to the group of
characteristics and demographic signs such as ethnicity, religion, etc. also have great significance in

51
studying the identity of offenders. Breaking down the social signs associated with the offender
helps us to understand the offender in depth, thereby taking appropriate measures to fight the
offender.
2. Social – psychological characteristics
When studying the identity of the offender, besides the demographic social characteristics –
external signs, it does not really explain why people commit crimes. To answer this question, we
must delve into the inner side of crime expressed in the social-psychological aspect. This is a
prominent sign in the human personality, which can be said to be an important feature when
studying the identity of criminals in criminology.
2.1. Characteristics of moral qualities of offenders
Morality is one of the components of the human personality. It is not something available from the
moment of birth, but gradually formed in the process of socialization under the influence of the
family, the school and society. Human moral qualities are reflected in the person's system of views,
attitudes and perceptions towards social moral values, such as for the country, in working,
maintaining social order, in the collective and in the whole family. When the individual is oriented
towards a certain predominant value, we can assess the developmental tendency of the personality.
Human moral qualities are often revealed externally through the specific behaviors and behaviors
of the person in the actual circumstances. Research on offenders shows that the majority of them
have an incorrect or inadequate perception of social moral values, so often have a negative attitude
towards those values, they often value individual interests over collective interests.
People can become offenders due to adverse social effects. Those adverse social impacts are
received and affect the process of forming worldviews, systems of concepts and attitudes... then
they are expressed through criminal behavior. Of course, the moral qualities of identity should not
be identified with social phenomena (which can be considered a cause of crime). But the
relationship between them is inevitable because the moral qualities formed by the identity of the
offender are the intermediary stage between the above-mentioned social causes and the criminal act
itself.
2.2. Personal psychological characteristics
In offenders, personal psychological characteristics are expressed in needs, habits, interests,
passions, emotions, feelings... These characteristics also exist like other ordinary people, however
in the offender, most of them are the system of needs, inferior interests, bad habits. However, the
source of the offense is not in the need itself but in a false sense of need and the path to satisfying
the need. The needs of offenders are often materialistic, self-interested and especially the method to
satisfy those needs and interests is often unlawful, including criminal law.
The worldview of the majority of offenders is also distorted and dark, especially the distortion of
social norms. Beliefs in offenders develop differently than in ordinary people in society. Belief has
lost the right and sacred meaning between people, beliefs have developed deviations in the other
direction, in which they no longer believe in society, in the relationship between people and people.
Personality is a factor in the individual psychological characteristics of the offender, personality is
an attitude system expressed through a familiar behavioral system, the attitude of the offender is
often misleading and contrary to social norms. The personality of the offender is the result of the
process of committing criminal activities, in the offender, the "calm" is a trick to avoid the crime
when declaring.
The key element in the offender's personal characteristics is temperament. The temperament is

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considered to be closely related to the human neurological type. The relative stability of the gas
makes it less susceptible to external circumstances. However, in the process of committing crimes
with stressful situations that hinder the fulfillment of the purpose, many individuals must
continuously regulate their nervous system and inherent temperament to suit the reality. Therefore,
there are cases where the offender has behaviors that are far different from the daily behavior and
nature that parents and relatives cannot believe that their children commit.
For different types of offenders, the psychological characteristics in them are also different. First-
time offenders have a different psychological state from recidivists and dangerous recidivists;
offenders who infringe on property have different needs and interests from drug offenders;
offenders of different ages and social status also have different psychological characteristics.
2.3. Psychological characteristics of offenders
The psychological characteristics of the offender are the factors that explain why in certain
circumstances a person commits a crime. Offender psychology is all mental phenomena that arise
in the mind of the offender, including positive and negative psychological phenomena (including
criminal psychology) that govern their behavior and activities.
The psychology of the offender is not self-existent, not hereditary, but the result of the process of
formation and development under the influence of many internal and external factors of the human
individual. The process of psychological development of offenders follows both the general rules
and the laws of the formation and development of criminal psychology in particular. Criminal
psychology is also governed by physical factors, the living environment and activities of
individuals, such as their process of socialization and social adaptation with defects and deviations
from social norms, including criminal law standards. The psychological characteristics of the
offender are studied in the following angles: individual psychological characteristics, psychosocial
characteristics; psychological and legal characteristics of the offender.
2.4. Legal psychology
This is an important issue that needs to be studied in depth for offenders. Psychological
characteristics of the law in the identity of the offender are expressed in the form of legal
awareness: attitudes, emotions, behaviors... towards the law of the offender. In general, offenders
have a very low understanding of the law, while having a disrespectful attitude to the law and law
enforcement agencies. The offenders have the belief that they will evade the punishment of the law,
they always hope that the investigating agency will not detect and clarify their crime.
The nature and level of danger of the act are not only a basis for determining whether an act
dangerous to society is a crime but also a basis for classifying the crime. The higher the danger to
society of the offence, the heavier the criminal liability of the offender. Based on the nature and
level of danger to society of the offence.
Studying the motives and purposes of committing crimes of offenders contributes to clarifying the
causes of their crimes, while also helping to accurately assess the nature and extent of danger to
society of such offenses. A conscious act manifests itself in the deliberate control of the will, in the
understanding of the nature of the causal relationship between them. The subject must foresee the
outcome of the action he or she will take. That purpose is set by the subject and perceived as
necessary and capable of implementation under certain conditions. After perceiving and setting the
purpose, the subject analyzes the actual conditions and circumstances, that is, makes the
appropriate plan to achieve the purpose. Based on those options, individuals consider and choose
the most optimal option according to their subjectivity.

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The choice of purpose is determined by the motivation. Motivation is the motivation that drives an
individual's behavior. When the need is perceived and the ability to perform, it becomes a motive.
The motive and purpose are closely related, thanks to the motive, so the offender acts decisively to
achieve the purpose. All cases of intentional crime are motivated by certain motives. Only in the
case of careless individuals who have not yet had time to think, their behavior has no apparent
criminal motive.
Motives are associated with the personality of the offender, so detecting the motives and studying
them will be of great significance in determining the danger to society of the behavior, determining
the danger level of the individual offender, forecasting the possibility of recidivism of the
individual.
The appearance of the motive and purpose of the crime has not led to the criminal act. Whether the
crime takes place or not depends on the circumstances and situations of the crime. The situation is
not of an independent decisive significance but only reinforces the previously formed motive and
purpose and gives rise to the intent to commit the crime. It can be said that at this time, the purpose
of crime emerges above all else, all "meaning" of the individual is focused on the "result" of crime.
Practical research shows that the purpose motives of offenders can be considered in general or
among groups of offenders in particular through a certain sign reflecting the level of social danger
and vice versa. It is also possible to consider evaluating groups of offenders on the basis of
distinguishing the nature or motives of committing crimes.
Thus, we realize that each offender has unique characteristics and signs. Crime is the result of a
complex interaction of many factors, in which personal characteristics play an important role. The
personal characteristics of the offender are the result of certain living conditions, education,
relationships and the interaction between the social environment and the offender.
3. Social – legal characteristics
Studying and analyzing the social-legal characteristics of the identity of the offender is important in
determining the nature and level of danger of the criminal act. This is the basis for determining the
crime and deciding on the appropriate punishment. In addition, studying the criminal legal
characteristics of the offender allows us to point out the causes and conditions of the crime and
from these characteristics to build a system of crime prevention measures.
Social-legal characteristics are a sign to distinguish between offenders and non-criminals.
Socio-legal characteristics of the offender's identity include:
● Committing a first-time crime or recidivismor dangerous recidivism;
● The nature and level of danger of the criminal act;
● Committing the crime alone or having accomplices.
The two groups of drug offenders and property infringers in fact show that they do not have a stable
career and when they leave prison, they repeat the crime higher than other criminal groups. For
drug offenders, in the process of serving prison sentences, there are meetings and re-education
labor with other criminal groups, expanding the acquaintance with other defendants , exchanging
experiences and recruiting more people to their lines so that after leaving prison, they can do
business together. Analysis of this characteristic in the person of the offender is important for crime
prevention, allowing the determination of the recidivism rate, in addition to helping the prison
authorities understand the mechanism of forming groups of inmates with a tendency to commit
crimes in the rehabilitation process in order to improve the quality of re-education. Research the
nature and level of danger of criminal acts in order to determine the nature and level of negativity

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of the identity of the offender through the mechanism of criminal acts to classify the offender's
identity and based on that, take more effective preventive and educational measures.
To determine the nature and danger of the criminal act based on the penalty decision such as less
serious crime, serious crime, very serious crime, especially serious crime or through indirect forms
to determine the criminal act and psychological transformation of the offender: consequences;
damage; tricks; nature of the degree of fault; motive, purpose of the act...
For criminal characteristics alone or with accomplices in committing criminal acts, it is also the
basis for determining the danger level of the identity of the offender. A solo crime is a crime
committed by a person who is capable of penal liability and reaches the age specified by the Penal
Code. An accomplice is a case where two or more people commit an offence together. Crimes in
cases with accomplices always show the nature and level of danger, systematic crime, crime in
order to increase the likelihood of achieving the goal.
4. To form the identity of the offender
The identity of a person is not naturally born but forms and develops through a long
process of interaction between objective factors of the living environment and subjective
factors of human consciousness. During that interaction, the individual is affected by the
living environment (containing favorable factors and unfavorable factors) but how to absorb
and bear that impact is due to each individual; favorable factors will affect the formation of
good personalities, unfavorable factors will affect the formation of bad personalities. It is
these bad personal characteristics combined with specific conditions, circumstances and lack
of bravery in the face of all negative temptations in society that easily give rise to criminal
behavior.
- Objective factors of living environment:
+ Family environment
Educational Environment
+ Economic, cultural and social environment
- Subjective factors belong to the offender:
+ Misalignment of preferences, needs and ways of satisfying needs
+ Limitations on personal legal awareness and ability to control behavior
5. Mechanisms of criminal conduct
● The mechanism of hvi crime is the progression of hvi of a certain succession: the
appearance of the intention to commit a crime, the decision to commit a crime, the
planning of actions and finally the execution of them by the offender.
● Implications of studying the mechanism of hvi crime:
- Reasoning: clarifying the personal characteristics of the offender as well as the external
environment with the nature of the cause of the crime.
- Practicality: helping to devise measures, programs and strategies in crime prevention,
helping to form good personalities.
● Diagram:

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- There are not always enough stages (motives - plans - implementation). For example,
committing a crime in a state of arousal (alcohol, drugs, etc.) often does not have a plan.
- For unintentional crimes, there is no motive and plan, but the mechanism is the wrong
decision making or errors and omissions in behavior.
● The motive of the crime: is the inner impulse that leads to one hvi or another the direct
→ cause of the crime → Answer to the question: Why do people behave differently?
- Intentional crime is always motivated.
- The motive itself as the internal impulse is not a crime.
- The premise of the appearance of motives are the psychological factors of the human
identity: needs36, emotions, interests, value orientations37.
● Specific situations in the mechanism of criminal hvi are certain combinations of
objective circumstances of human life, which directly affect the person's hvi in the given
time. From a TPH perspective, it is an event or condition that creates the determination to
implement hvi that is dangerous to society, promoting or hindering it. The situation
usually precedes the crime, or may accompany the commission of the crime.
- The human life situation is made up of different specific situations: it can be prolonged or
momentary events.
- The situation may cover a large area or be limited to 1 apartment.
- The continuity of the duration of situations is different: it can be seconds or years.
- Each situation of life contains objective content and subjective meaning
- The key point in the criminal mechanism is the interaction between specific life situations
and the personal characteristics of the offender.
36 The needs of the subject play a major role in forming the motive of the offending hvi. Human needs reflect the
person's dependence on the outside world. Six groups of needs include: material, security, social communication
(respect, recognition, approval), sexuality, knowledge, worldview.
37 Needs, feelings, hobbies, value orientations are internal components of the identity that under their influence will
create the motive of the crime. However, there are external factors - specific life situations have a certain role in the
mechanism of hvi crime.

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Point 7:
VICTIMS OF CRIME
1. The concept of a victim of crime
- The noun victim is often used to refer to damaged individuals and organizations. In the
Vietnamese Dictionary, the word victim is defined as “The victim or person who suffers the
consequences of a social disaster or an unjust regime”. In the Vietnamese Great Dictionary,
the word victim is defined as: “1. The person involved in the accident; 2. People and
organizations suffer from external consequences.
→ According to the above definitions, victims are understood as individuals or organizations
that have suffered physical, mental or property damage. Victims include many types such as
victims of war, victims of natural disasters, victims of work accidents, traffic accidents,
suicide victims, victims of crime... In the above categories of victims, the victim of the crime
is a special type of victim.
- Crime victims are individuals, collectives/organizations who are violated by crime - suffer
damage to life, health, spirit, emotions, property or other legitimate rights and interests
caused by the crime directly.
2. Characteristics and Classification of Victims of Crime
● Characteristics of the subject: the victim of the crime is an individual or collective person
(community, organization...)
- The victim's status does not depend on whether the offender is discovered, prosecuted,
convicted or not.
- Consists of 2 groups:
+ Individual victims: are individual individuals or groups of individuals who share one or
more characteristics with each other and are violated by criminals.
Individual → victims must be a living entity (organism) at the time of the crime of abusing
→ a fetus or a body that is not a victim of the crime.
+ Collective victims (agencies, organizations, unions...): Agencies, organizations and
unions that suffer property damage, prestige damage or damage due to normal activities
according to their legitimate functions and tasks are affected. Some victimologists have
expanded this type of victimization to include different groups of people who are linked in
certain forms such as residential communities, clans, tribes, tribes, etc.
→ A collective must also be an actual existing entity, an organization that existed legally at
the time of the crime, although after the abuse, and due to the abuse, the individual/collective
will no longer exist.

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● Characteristics of damage: damage to life, health, mental, emotional, property or
legitimate rights and interests suffered by victims of crime.
- The victim of loss of life is the case where the victim loses his/her own life immediately
due to the crime or for a period of time after being violated by the crime.
→ Often a consequence of crimes of murder, injury, violations of antiseptic regulations...
→ In many cases, the loss of life is the most serious, the last of the losses to be suffered.
- Victims of health damage (physical health and mental health 38) are a relatively common
type of victim with a diversity of causes of damage caused by crimes.
- Victims who suffer damage to their reputation and honor are cases where victims suffer
directly from slanderous and humiliating crimes; due to threats of murder, robbery of
property...and therefore suffer spiritual losses.
- Victims of property damage are cases of illegal appropriation or possession of property or
intangible assets such as brands, customer trust levels...:
+ Victims of damage to personal property are traditional victims.

⇒ What it means to classify victims according to the content of the damage: determine the
+ The victim of property damage is an organization.

nature of the damage and the severity of the damage suffered by the victim.
● Close to the classification of victims by damage content is the classification of victims by
crime type: victims of robbery, victims of rape,...
→ This classification shows the connection between the type of crime and the consequences
of the crime suffered by the victim; it has great significance in unraveling the causes of
victimization.
● Victimization also categorizes victims by crime type (more generally):
- Victims of crimes committed by individuals - personal crimes or private crimes (subjects of
crimes without NN factors) including victim types of domestic violence, child victims...
- Victims of organized crime - this group of victims has not been studied commensurate with
the prevalence and severity of the damage suffered by victims, usually consumers, workers,
citizens (in general).
● The consequences of the damage suffered by the victim of the crime are the direct
consequences caused by the crime:
- The damage suffered by the victim is direct, significant, inevitable, and legal damage
caused by the crime.
- Including direct victims who suffer damage in life, health...due to crime; others who have
close relatives, blood relatives or have interests closely attached to the damage of direct
victims.

38 Damage to physical health can often be quantified through assessment, through injury rates. Mental losses and
physical injuries and objects always negatively impact mental health, leading to mental disorders or mental illnesses,
but it is difficult to determine the exact extent of the damage.

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- For example: The victim in the kidnapping took the property of not only the hostage but
also the relative of the hostage.
● The classification of victims is also carried out on the basis of criteria on mechanisms
affecting victims directly or indirectly, forming the group of direct victims/initial victims
and the group of indirect/derivative victims.
- Direct victims/primary victims: first affected by the crime, they are a popular and
traditional victim group in the awareness and conception of victims of crime.
- Indirect victims/secondary victims: are victims with the following characteristics to
distinguish them from direct victims:
+ In terms of time: being affected by crime is often later than the direct victim (although in
some cases, the time sequence is negligible).
+ In terms of damage level: usually at a lower level than that of direct victims.
+ Regarding the content of damage: usually mental or property damage.
+ Usually not the target of the crime.
+ Often have very close relationships with direct victims.
→ The meaning of this classification is to assess the nature and severity of the crime and
properly and fully identify the subjects affected by the crime.
● Victimologists also categorize victims according to the criteria of victims having a
relationship or not having a relationship with the offender from before the crime occurred:
- Victims who do not have a relationship with the offender before the crime occurs are
usually individuals who randomly meet the victim selection criteria of the offender.
- The victim has a relationship with the offender before the crime occurs, often belongs to a
group with conflicts and grievances with the offender or simply the offender has grasped the
rules of travel, living, arranging the exterior of the living and working areas, so that the
victim's property or the victim's weaknesses...
● Classification of victims according to fault or no fault criteria:
- The victim at fault is usually the victim who has a previous relationship with the offender
such as having acted treacherously or selfishly with the offender or relatives of the offender.
However, the at-fault victim may also not have a prior relationship with the offender.
- Victims who are not at fault are normal people, behave properly, may have a pre-existing
relationship or have no relationship with the offender.
3. Victimization: process and results
● Victimization (broadly) refers to cases/events where an individual or collective
(community or organization) is significantly damaged or injured by a crime.
● Victimization is the process by which an individual/collective is violated by a crime and
becomes a victim of the crime, suffering significant damage in terms of TM, SK, mental
and property losses as well as other legitimate rights and interests.
● The cause of victimization is hvi crime; answer the question: Why do the offenders when
committing hvi crime choose this or that object to become the victim; Which biological -

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physical or social - demographic characteristics, errors or weaknesses of the individual
promote the process of them becoming the victim of the crime.
● On going
- Study of an event/situation where a person becomes a victim of a crime.
+ To select victims in a specific victimization situation, the offender often has a process or a

purpose of the crime and with the ability to commit the crime. ⇒ The event/situation of
stage of finding and selecting victims, determining the suitability between the victim for the

becoming a victim is the product of the process of identifying the victim or the consequences
of the victim's weaknesses detected and used by the offender.
+ Victimization is also the process of changing the state from an ordinary person to a victim
of crime, victimization has the ability to create a long-term negative psychological state,
causing long-term mental and emotional losses, not just immediate losses.
- Research on the change in status of victims after being violated by criminals...
+ For example, through the research of Frieze, Hymr, Greenburg in 1986, 1987, it has been
shown that victims often go through stages: the immediate reaction stage to the crime - the
victim's self-enclosure stage - the acceptance stage.
+ Before becoming victims, many people never believe that crime can happen to them. Some
people, after being violated by criminals, become fearful and skeptical because their trust in
society and people has been broken, thus imagining themselves as victims becomes easy.
+ Victim recovery is the progression back to the original state or better than the original state
- when not yet victimized. To achieve this state, the victim must return to the same state of
health as before and even better.
● Situations in victimization:
- The situation comes from the victim (subjective origin)
+ The situation that causes the offender's intention to commit a crime is the situation that
plays the role of the cause leading to the motive for the crime, urging the offender to perform
certain actions to retaliate, punish and suppress the victim.
+ Situations that promote the determination to commit crimes are situations that create
conditions for the consolidation of the motive for the crime, the determination to perform to
the end to achieve the same purpose of the crime.
+ Situations that minimize the determination to commit crime stemming from the victim's
side are often situations that stem from the characteristics of the victim that affect the
compassion of the offender or lead to fear fluctuations.
- The situation comes from the relationship between the victim and the offender:
+ Violent crime:
. The victimization situation of violent crime (with the prior existence of mqh between the
offender and the victim) serves as the cause of the crime if the act of violence comes from
private motives, revenge or comes from spontaneous conflicts in the life between the victim
and the offender.

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. The incriminating and framing circumstances in LHSVN reflect relatively clearly this type
of victimization situation: killing in a strongly agitated mental state, killing due to exceeding
the limits of legitimate defense, intentionally causing injury in a strongly agitated mental
state, intentionally causing injury due to exceeding the limits of legitimate defense, torturing
others, killing teachers, people with meritorious nurturing, killing for despicable motives...
+ Property crime: Typical situations in the victimization of this crime show the mqh between
the victim and the offender such as: the employee steals the owner's property in order to
kidnap the host family member to appropriate the property, the creditor hires a debt collector
by force or threatens to use force against the debtor...
+ Sex crimes: A large percentage of victims in sex crimes are rape victims who are known to
their relatives, especially when the victims are children. Rape crimes also often require the
offender to have an acquaintance, know the victim well, and force the victim to be reluctant
to have sex.
+ Crime of human trafficking: the typical victimization situation is a situation where the
victim has confidence in the offender who is a family member, family, village, the victim
wishes to be freed from the current life situation and has the same wealth and happiness as
the offender, so he agrees to leave to go to work, get married according to the seduction →
and matchmaking of the offender who is sold into prostitution establishments, sold to
foreigners as a wife, even sold to establishments for human organs...
+ School crime: The victim often has a familiar relationship with the offender and because of
the same environment with the offender, it leads to typical victimization situations such as
being beaten with a "council" in a public place, being photocopied, "manipulating" clips with
fabricated content spread on social networks. Victims also tend to find themselves in
situations that aggravate the consequences of the crime such as dropping out of school,
avoiding friends, or more negative (suicide, finding the offender to take revenge).
The special⇒ connection between the victim and the crime not only increases the likelihood
of being victimized for the first time, but also may be a second or subsequent victimization

⇒ All groups of situations stemming from the subjectivity of the above-mentioned victims
due to the victim's commitment, shame, or tolerance of the offender.

may be in the opposite direction, in accordance with the subjective factors of the identity of
the offender and objective factors from the external environment, leading to the diversity of
criminal events in the objective reality, the diversity of different levels of damage and
consequences caused by the offender.
4. Rights of victims of crime and legal status of victims in the criminal justice
system
a. Rights of Criminology Victims:
- Ensuring the rights of victims of crime need to first have the legal basis that these rights are
recognized in the victim PL as well as the victim PL.For nearly a century, international law
has made great strides in recognizing and recognizing individual rights as victims of crime.

61
- International human rights law and international humanitarian law have established a
number of tasks related to victims of human rights violations:
a) The obligation to provide victims with access to fair and effective justice regardless of
who may be ultimately responsible for the violation;
b) The obligation to make efforts to cure the victim;
c) Responsibility to provide or facilitate compensation for victims.
- Regarding the provisions on human rights, the International Covenant on Civil and Political
Rights 1966 in Clause 3, Article 2 recognizes the responsibilities of States Parties as follows:
a) Ensure that any person whose freedoms are infringed upon as recognized in this
Convention is effectively entitled to legal protection, even if such infringement is caused by
the conduct of public servants;
b) Ensure that complaints of infringement by any person are addressed by a competent
judicial, administrative, legislative or other competent authority prescribed by the national
legal system and develop an appropriate judicial settlement mechanism;
c) Ensure that the competent authority will implement the proposed remedies.
- In the Rome Statute of the International Criminal Court recognizing the right to
compensation and participation in this statute of the victim of crime has marked a major step
forward for humanity in terms of the focus of the victim in the criminal justice system. The
UN Global Counter-Terrorism Strategy directly addresses the issue of victims of terrorist
acts. It lists measures to address the conditions leading to the spread of terrorism, including
measures to combat the “dehumanization of the victims of terrorism in all its forms and
manifestations.” The strategy encourages the creation of national support systems that
“promote the needs of terrorism victims and their families and facilitate the normalization of
their lives.”
- In 1985, the United Nations Declaration on Fundamental Principles of Justice for Victims
of Crime and Abuse of Power was born with 10 basic rights of victims of crime:
1. Their right to be treated with love and dignity should be respected,
2. The right to receive information,
3. The right to provide information to the authorities; thereby allowing the victim's views to
be expressed and considered in criminal proceedings,
4. The right to appropriate assistance throughout the legal process,
5. The right to privacy and physical safety,
6. The right to participate in any formal dispute resolution (restorative justice not covered
by the 1985 United Nations Declaration),
7. The right to social assistance,
8. The right to compensation by the offender,
9. The right to compensation from the state,
10. The right of the State to establish cooperative relations between state agencies, non-
governmental organizations and civil society to promote the rights of victims.

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- In Vietnam, political, civil, economic, cultural and social QCNs and QCDs are recognized,
respected, protected and guaranteed according to HP and PL (Article 14 HP 2013).
- The basic rights of victims of crime in criminal procedure:
• The right to reasonable protection from offenders.
• The right to be given reasonable, accurate, and timely notice of any court proceeding, or
any parole proceeding, relating to the crime or any release or escape of the offender.
• The right not to be excluded from any court proceeding, unless the court has clear and
convincing evidence to determine that the victim's testimony would be substantially altered if
the victim heard other testimonies at that proceeding.
• The right to a reasonable hearing of any public court proceeding relating to the release,
petition, or conviction of, or any parole proceeding against, the offender.
• The right to reasonable communication with an attorney for his or her case.
• The right to full and timely compensation in accordance with the law.
• The right to litigation shall not be unreasonably delayed.
• The right to be treated fairly and with dignity and privacy.

b. The victim's legal status in the criminal justice system


- The current criminal justice system is unbalanced, the offender has all the rights while the
victims are not given any rights.
- Victims and their advocates and supporters are advised to understand in advance that
justice in traditional criminal justice is not justice for the victim but vertical justice aimed at
achieving social control based on the repression of the offender. Victims serve as witnesses.
Prosecutors and judges use their surnames for social control. The victim voluntarily takes
that role. They voluntarily accepted as witnesses. But then, if the State employs a victim, it
must be obliged to protect the victim from all possible losses. The State is obliged to take
care of the victims. They owe the victim protection and attention. This stems from general
moral obligations to prevent re-victimization where possible. The central purpose of the
move to improve the victim's standing in criminal proceedings is to prevent the victim from
falling victim again. Don't continue to harm them when your job is supposed to be to protect
them!

Some conclusions39

- First: the rights of victims of crime should be clearly recognized in the PL of the State, first of all
HP and PL in the field of criminal justice. This shows that the victim of the crime has the right to
be promptly and reasonably informed during the period of case resolution as well as the process of
executing the sentence of the offender causing damage to himself/herself. Addressing victims' harm

39 file:///C:/Users/Administrator/Downloads/4159-85-7860-3-10-20180702.pdf, Victim of Crime - Nguyen Khac


Hai, VNU Journal of Science: Jurisprudence, Vol. 34, No. 2 (2018) 84-97

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promptly and reasonably should consider their safety, interests, and avoid unreasonable delays that
may be detrimental to them. Notices of this right include (but are not limited to) the following:
investigation results, sentences, conditional parole, application or cancellation of deterrent
measures, penalties applied to offenders, sentence reduction, early release, etc. These rights to be
informed and have an opinion shall not be restricted except to ensure national security or influence
it significantly affects the interests of the community, or greatly impedes the proceedings and
settlement of criminal cases.
- Secondly: the victim has the right to compensation and restoration at the highest level for the
material and spiritual damage caused by the crime. These compensation and restoration should not
be contrary to the common good of the social community and the state. However, it should be noted
that the rights of victims must be considered first and not in a secondary position to public security
and the interests of the criminal justice system.
- Thirdly, when victims participate in the criminal justice system, one thing that needs to be paid
attention to is the consideration between their "gain" and "loss". While society through the criminal
justice system tries to enforce justice, restore at the highest level the rights and interests that victims
suffer from harm caused by crime, at the same time, they also face damage or the risk of causing
other damage such as: hvi threatening to be harmed by the offenders themselves or their mqhs,
losing time and effort, having their personal information exposed, under pressure from society itself
(for victims of sex crimes). When considering this carefully, the legislator will have a basis for
designing the participation of victims in the criminal justice system through a system of regulations
on the rights and obligations of victims in a reasonable manner to best ensure the legitimate needs
of victims. In addition, a criminal justice system needs to be designed so that victims can have the
choice to participate or refuse to participate, what is the level of participation and they need to
know in advance what they will get and what may be the damage. This means that the victim
should have a choice and be able to deny some of his or her due process rights. Society wants to do
good to the victims of crime through the criminal justice system but does not always achieve this
but can sometimes have the opposite effect. Therefore, continuous monitoring and evaluation of the
needs of the victim to see the effect is necessary.
- Fourth: from the perspective of meeting the needs of the victims of crime, their rights are their
own desires to compensate and recover the damage caused by the crime. Therefore, the victim's
expression describing the physical, mental, emotional, financial damage as well as other damages
caused by the criminal act is the basis for considering the type and level of punishment, applying
the suspended sentence to the offender, considering reducing the term of serving the penalty or
releasing the person from prison ahead of time. In addition, law enforcement agencies and courts
also have more grounds to resolve the case based on the needs of the victim through their
expression of their desire to agree with the offender or not, how much they want to solve the case,
how they want to participate in the proceedings. The expression of the victim's views in criminal
proceedings can be expressed in the form of victim impact statements.
- Fifth: support activities, legal support, access to justice for victims of crime - vulnerable groups -
need to be socialized and professionalized. Assistance and support needs to be trained and have the
necessary skills, especially for those who support the functioning of the criminal justice system,
such as advocates. According to the nature of abuse, in addition to the common characteristics, the
victims of crime also have their own characteristics determined by the types of crime. The
differences between victim groups (such as victims of terrorist crimes, human trafficking crimes,

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sex crimes, violent crimes, etc.) illustrate the need to establish skills standards for the support group
that accompanies institutional institutions and support programs at local, national, regional, and
international levels according to carefully classified victim groups. Lacking these things will make
the victim's rights assurance system less effective, even in some cases having the opposite effect for
the purpose of helping and supporting victims.
- Sixth: non-traditional security issues from the perspective of victims of crime need to be
approached and perceived to pave the way for a guarantee of human security and safety in today's
modern society in the face of new challenges. The combination of the two concepts of victimology
and human security has created a dialectical relationship. Unsecured human security will promote
victimization and vice versa. Victimization today is not only at the international, regional or
national level but also in families or organizations such as schools, hospitals, prisons...
Traditionally safe places such as schools and hospitals have not been the same through a series of
incidents that have turned many students and medical staff into victims of sexual crimes, terrorist
crimes, and violent crimes. This change forces us to include new victim patterns to build and
reinforce protection goals and new ways of preventing and fighting crime.
- Seven: the recognition and clarification of the rights of victims of crime is a long way that world
justice has achieved important achievements. An ongoing civilized trend is the balancing of the
rights of victims of crime and the rights of convicts in a judicial system that "belongs not only to
the offenders but also to the offenders". The exclusion of victims from criminal proceedings is a
thing of the past. Only when the justice system achieves the ability to maintain justice between the
victims of crime and the offenders is that the justice system is real. This is the challenge that
victimology faces.
- Eighth: for any country, building a legal system and law enforcement with the combination of
state agencies and other social institutions in which the needs and rights of victims of crime are
properly concerned, it is necessary to first train human resources with background and in-depth
knowledge of victims of crime. This training content has been implemented by a number of
countries in training programs as a criminology content, even independently developing a master's
training program in victimology with four focus groups:
1) Background studies on victimology (introduction of subjects, introduction of research methods,
knowledge of criminal law, criminal procedure, civil law for victimologists);
2) Victimization - situations, causes and solutions;
3) Victim's rights and legal status; and 4) Victim's assistance and attorney

Point 8:
CRIME FORECASTING
1. The concept and meaning of crime forecasting
● Forecasting means knowing in advance; is a scientifically based, probabilistic judgment
(prediction) about the extent, content, relationships, status, development trends of the
research object or about how and when to achieve certain goals set in the future.
→ In essence, forecasting is a scientific activity with high practical application to evaluate
and judge what will happen in the future, on the basis of scientific analysis of the collected

65
data and information.
● Crime forecasting is the entire analysis and evaluation activities in order to judge the
future crime situation in a specific area and within a specified period of time.
→ In essence, crime forecasting is a judgment of the extent and laws of criminal movement
in the future with the characteristics of the structure of crime as well as changes in factors
affecting the formation and generation of crime.
→ The results of crime forecasting are only relatively accurate, it is not possible to require
absolutely accurate forecast results. The problem is to try to achieve the forecast results with
the highest level of accuracy possible.
● Meaning:
- Help authorities understand the current and future crime situation as well as other related
issues.
- The results of the forecast will help authorities and crime prevention actors to proactively
set effective crime prevention policies and measures, in accordance with reality, thereby
effectively preventing and limiting crimes arising in social life.
2. Bases for crime forecasting (Scientific - practical basis)
● The bases for crime forecasting are the bases on which the predictor of crimes must
evaluate the level and movement trend of crimes occurring in the future with certain
characteristics in a specific area and within a specified period of time.
● Crime forecasting is a scientific and practical activity in order for the forecast results → to
be accurate, the forecasting entity needs to rely on the following bases:
- Data on the crime situation in the territory in a given period of time 40.
- The research results on the causes of crime with specific illustrative data.
- Information on the phenomena of socio-economic life that can affect and affect the arising
of crime such as unemployment, the distribution of wealth and poverty in society, drug evils,
etc.
- The change in economic and social policies as well as the change in PL.
- Report on the performance of the authorities in crime prevention in the past time.
- Information on the awareness of PL observance, the level of awareness and the level of
voluntary observance of PL by individuals and organizations.
- Other information such as the impact of inflation trends in the world, the possibility of
international cooperation between Vietnam and other countries in solving crimes (or criminal
groups) being studied...
3. Types of Crime Forecasting
a. According to the forecast period

40 The time period must be relatively long to be able to determine relatively accurately the laws and trends of the
future development of crime, which can limit errors in forecasting.

66
- Long-term crime forecasting: is a crime forecast at the strategic level (within the country),
helping the State to formulate policies to prevent crime of "long-term" nature over a fairly
long period of time, maybe 10, 15 or 20 years.
→ The statements about the criminal situation do not go into detail but make statements of a
typical and general nature.
Preventive → policies are general, strategic and long-term.
- Medium-term crime forecast: is a type of forecast with a normal duration of about 5 years.
→ The statements are quite specific and relatively comprehensive.
Crime prevention→ measures will be quite specific programs and projects.
- Short-term crime forecasting: is a type of forecasting whose application results are often
applied in a short time. For example: forecasting an increase in crime during the Lunar New
Year,...
b. According to the forecast object
- Forecasting the crime situation: is the forecasting of the crime situation of a certain crime
group or type of crime in a specific area and for a certain period of time.
→ Subjects forecasting crimes must evaluate the level, movement and structure of crimes in
a specific area and within a specified period of time in the future.
- Individual crime forecasting: is the case where the predictor (usually a police agency) on
the basis of a thorough study of the crime committed by an individual (or group of
individuals) but has not been arrested in practice.
→ Subjects forecast that on the basis of studying the cases that have occurred, with the
support of science and technology, the general rules of operation of the crime will be drawn.
4. Crime Forecasting Methods:
● Includes 2 groups
- Qualitative forecasting method:
+ Based on the comments of related factors, based on the opinions of the related possibilities
of these related factors in the future.
+ Regarding different levels of complexity, from surveying and collecting opinions from
different groups of subjects, it is conducted scientifically to identify future events.
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+ Describe the quantitative forecast based on past data, these data are assumed to be related
to the future and can be found.
+ All quantitative forecasting models can be used through time series and these values are
observed and measured in stages in each series.
● Specific Crime Forecasting Methods
No. Method concept Features

1 Extrapolation It is based - Is a specific form of quantitative forecasting method.

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- Nature: prolong the rules formed in the past to make
forecasts for the future.
- The basic assumption of this method is the preservation of
the pace (speed), relationships and development rules of the
objects forecasted in the past for the future.
- The information provided for this method is the data on the
movement of the forecast object in the past over a certain
number of years.
- Advantages: Made relatively simple, inexpensive → is used
on the quite commonly in forecasting science.
available - Disadvantages: it is not possible to calculate the influence of
sự ngoại suy
data about objective factors on forecast results; only pay attention to
(suitable for
an object of phenomena that occurred in the past but ignore new impacts
short-term
interest to that appear in the present or may appear in the future.
forecasting;
make - In crime forecasting, mainly using the extrapolated
suitable for
predictions forecasting method according to the data series:
forecasting
or forecasts + Time-series extrapolation is based on historical data series
subjects in a
about that and uses econometric techniques to make forecasts for
gradual
object's hvi variables of interest.
fashion).
in the + Purpose: process a sequence of numbers representing the
future. evolution of the object over time to find a mathematical
formula expressed according to the rules of the sequence and
this formula can determine the parameters of the forecast
object in the future.
+ The basic assumption is that the hvi of the variable is
forecast to continue in the future similar to what happened in
the past.
- Extrapolation should only be used in cases where the
forecasting situation is relatively stable; when other methods
may be affected by the forecaster's deviation.

2 Expert A - A specific form of qualitative forecasting method.


Methodology forecasting - Nature: Get opinions of experts to make forecast results.
- Expert method that - The results of this method mainly serve the needs of
Opinion will make orientation and management, which → should be combined
Approach relatively with other quantitative methods in specific cases.
(Expert accurate - Advantages: high reliability and accuracy; opinions based on
Judgement) predictions scientific bases.
(effective for about the - Disadvantages: difficulties in recruiting and evaluating the
those who lack future of a ability of experts; It is impossible to avoid the situation of
(insufficient) subject or different views and assessments of experts, even contradictory
statistics, phenomeno on the issue of crime in the future.
develop with n based on - In order for this method to be conducted and have good
great the forecast results, it is necessary to do the following tasks well:

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instability or
+ Select and establish a forecasting expert team and a group
subjects of systematic
of analysts.
complex processing
+ Soliciting opinions of experts: group and individual
forecasts of expert
solicitation; absent and present solicitation; direct and indirect
without assessments
solicitation.
background .
+ Handling expert opinions.
data).

3 Modeling A method - Is a specific form of quantitative forecasting method.


method41 used when - Nature: use mathematical formulas to describe the
(Modelling) it is relationship between the forecast object and relevant factors.
(quite widely possible to - The type of model used to study the system depends on the
used in crime know quite level of generalization selected, depends on the analytical
forecasting) well the perspective and depends on the tool used.
laws of - Models are both tools for research and understanding the
criminal system, as well as tools and languages for exchange and tools
movement for adjusting and perfecting the system.
in the past, - Advantages: the forecast results can be explained and the
the factors influence of factors related to the forecast results can be
that affect analyzed.
or are - Disadvantages: quite complicated, requires forecasters to
related to have skills in analyzing and generalizing problems logically
the crime and systematically; must be able to accurately write the
situation. aforementioned mathematical system; require data of many
relevant factors in the past.
- Models built to describe crime forecasting can be physical
models42 or logical models43.
- The steps to build models are implemented in the following
stages:
+ Research on the criminal situation: focus on collecting
information and documents related to the structure of the
criminal situation (usually building a physical model). The →
goal: describing the movement rules of criminals in the past.
+ Crime analysis: focus on analyzing in detail the nature of
the predicted crime. → goal: answer the question What are
the outstanding features of the criminal phenomenon, classify
those characteristics?
+ Judging future crimes: focusing on analyzing factors that

41 Modeling is a simple and easy-to-understand descriptive process that ignores details that have a very small or
almost no impact on the level and evolution of the city.
42 At the physical level, the model describing the crime forecast must indicate what crime is forecasted, where, for
what period of time, how the law of movement of the crime in the past, what factors affect or are related to the crime
situation.
43 Modelling at the logical level focuses on characterizing the nature of the crime, the goals of the forecast, and
ignores the small factors involved in the forecast.

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can affect and affect the future crime situation; processing the
analysis to make forecast results.

5. Non-traditional security, non-traditional crime and crime forecasting

● Non-traditional security is ensuring safety and freedom from danger for individuals,
nations and all humanity against threats of non-military origin such as climate change and
pollution. environment, resource scarcity, rapidly spreading epidemics, financial crisis, cyber
security, dangerous cross-border crimes, terrorism... Non-traditional security threats often
spread quickly, wide regional or global influence, due to the impact of the negative side of
the market economy, globalization, and the use of scientific and technological achievements.
 Non-traditional crimes are often understood as new crimes or old crimes with new methods
and tactics. These crimes are often associated with the use of means and tools of the era of
knowledge economy and globalization. The scope of criminal activities is often transnational
and international. Consequences of these crimes often large, affecting the economy and
society of not only a country but also an entire region, region or the world.

● Crime forecasting is all analysis and evaluation activities to predict the future crime
situation in a specific area and within a specified time period.
● The impact of non-traditional security in the economic sector has very serious
consequences, it causes the country's commodity prices to escalate, working people face
unemployment, poverty, corruption, crime, widespread epidemics, polluted environment,...
the state must spend a large budget to overcome.
● The impacts from the threats of non-traditional security have greatly affected the resources
for strengthening national defense and security, directly in force building, posture, defense
works and assurance aspects. for the activities of the armed forces to perform defense and
military tasks, protect the Fatherland in peacetime, and combat operations when the country
is at war or in conflict. On the other hand, in the context of the outbreak of information and
communication technology, a new type of very dangerous crime is emerging, directly
threatening national defense and security, that is: cyber security crime. , High-tech crime.
These subjects seek to steal confidential information about national security, military,
defense, and foreign affairs of the country, causing serious damage to our foreign relations
and international cooperation with the country. countries and regions. Cyber security
criminals can even use harmful viruses to destroy and paralyze computer systems, command
and control centers, and greatly affect training and readiness. combat readiness in networked
computer systems in key agencies and units. In particular, some developed countries also use
"cyber intelligence" forces, in addition to hacking and stealing information, they can also
conduct cyber warfare and electronic warfare when necessary.
● Currently, some types of TPPTT tend to increase and become complicated, causing many
serious consequences for security, order and social safety. TPPTT is often divided into the
following categories: High-tech crimes; Transnational drug crimes; Crime of money
laundering, circulation of counterfeit money, illegal business; Crime of trafficking in humans

70
and human organs; Environmental crimes (including crimes that spread diseases to humans
and livestock); Terrorist crimes; Crime of piracy and loss of maritime security.
● In the process of opening up, innovation, and international integration, TPPs have arisen
and developed under the impact of crimes of corruption, smuggling, tax evasion and trade
fraud, which will further damage these TPPs. The developments are more complicated and
more difficult to prevent and control. In the economic field, non-traditional criminal acts are
taking place with more sophisticated, complex, and transnational tactics. They often create
collusion between domestic and foreign businesses with the help of a segment of degenerate
and corrupt officials in the state apparatus to commit crimes. This is the factor that causes
many difficulties for the current TPPTT prevention and control work both in the world and in
Vietnam.
● Arising in the conditions of rapid development of knowledge and science - technology,
many types of non-traditional crimes are constantly changing in methods and tactics of crime
in an increasingly sophisticated and complex manner, making Detecting, combating and
handling is difficult, while the crime structure in the Penal Code has not yet been adjusted
and agencies and functional forces have not had time to summarize, evaluate and identify
and model it. Therefore, if the police do not keep up with these developments, there will be a
risk of criminals being missed, creating loopholes for criminals to take advantage of.

6. Crime forecasting and the fourth industrial revolution

Vietnam is one of the countries that inherits the achievements of the 4.0 Industrial
Revolution to accelerate the process of industrialization and modernization and narrow the
gap with developed countries, increase income and improve people's lives. However, besides
the basic advantages mentioned above, the 4.0 Industrial Revolution also causes challenges
and impacts such as: lagging behind in science and technology, surplus of low-skilled labor
disrupting the labor market, negatively affects the country's socio-economic situation, and at
the same time poses significant challenges for Vietnam in ensuring national security and
social order, specifically:
- Industrial Revolution 4.0 causes Vietnam to face non-traditional security challenges such
as: Resource depletion, climate change, environmental pollution, natural disasters,
epidemics, terrorism, crime transnational crimes, human trafficking crimes, high-tech crimes,
money laundering crimes...
- Crime using high technology is increasing rapidly, especially in the financial and banking
sectors. Using the internet to carry out acts of buying and selling virtual money, counterfeit
money, and money laundering; drug trafficking, transnational human trafficking, commercial
fraud, tax evasion; Organizing gambling, gambling, and soccer betting takes place publicly,
in many different forms on a large scale and increases each year.
- Having many devices connected to the internet, especially the rapid development of the IoT
network, is a risk that leads to the disclosure of state secrets and personal information,
privacy rights, and radical interests. Using loopholes in information security and document
security to carry out large-scale attacks to steal information and use it to interfere in political
activities or commit acts that violate the law.
- Management and political and ideological education for officers and soldiers face many
difficulties in the context of the explosion of technology and false information on the internet
71
causing chaos and confusion in public opinion. Management of officers and soldiers
participating in social networking sites such as Facebook, Tik Tok, Instagram, Twitter...; The
use of modern technological equipment has not been fully and strictly implemented, leading
to an increasing risk of leaking personal information and state secrets related to the police
sector.
Faced with the impact of Industrial Revolution 4.0, the People's Public Security force
has been proactive in forecasting, understanding the situation, conducting research, and
applying the achievements of this revolution in police work. In which, the achievements in
information technology have initially been applied and brought practical results and are
increasingly widely deployed, contributing to building a revolutionary, regular, elite People's
Public Security force. modern step by step.
However, the 4.0 Industrial Revolution also poses many new requirements for the work
of building the People's Public Security force, requiring full and comprehensive awareness to
effectively take advantage of favorable conditions in organizational structure and training.
create and foster human resources, build and rectify the Party, contributing to building a
clean and comprehensively strong People's Public Security. Practice of police work in recent
times shows that awareness of the meaning, impact, and requirements of Industrial
Revolution 4.0 among police officers and soldiers in units and localities is still incomplete
and frequent. Hostile forces, reactionary subjects and criminals constantly change their
methods and tactics to fight sabotage and commit crimes, including taking advantage of
scientific and technical achievements and applying them. Industrial Revolution 4.0. Training
and supplementing high-quality human resources with specialized qualifications, knowledge
of law, foreign languages, and information technology to meet the increasing requirements of
the struggle to protect national security, ensuring Social order and safety are still inadequate;
The application of achievements of Industrial Revolution 4.0 at training facilities in the
People's Public Security remains many limitations. Although the investment in equipment
and technical infrastructure to serve the work of the People's Public Security force has
received attention, however, resources are not adequate, leading to the implementation of
research and application of achievements of the 4.0th Industrial Revolution. many
difficulties.

7. Crime forecast in Vietnam and around the world - Forecasting that the crime situation
will be more complicated:

Summary of the 2021 Work Report of the Director of the Supreme People's Procuracy,
Director of the Supreme People's Procuracy Le Minh Tri said that in 2021, the crime
situation increased, the prosecutor's office exercised the right to prosecute and prosecute
86,032 new cases. , an increase of 2.1% compared to 2020, in which, many cases of violating
the economic management order causing particularly serious consequences were discovered
and prosecuted. Crimes related to corruption and positions increased the most (15.2%),
mainly occurring in the fields of public investment and land management. Some types of
crimes arise related to the prevention and control of the COVID-19 epidemic, the number of
cases of violating social order increased by 6%; Crime using high technology to commit
fraud, organize gambling and drug crimes occurs in many cases on a very large scale. It is

72
predicted that the crime situation will be more complicated after COVID-19 due to job loss,
no income, and civil and economic disputes will increase.
Overall, law violations and crime decreased, however some serious crimes increased,
such as child rape increased by 9.26%; property appropriation fraud increased by 4.19%,
public order disturbance increased by 18.73%. Although the number of murders has
decreased (1048 cases, down 7.26%), there have been a number of cases with particularly
dangerous nature, level, and consequences. Crimes against people performing public duties
continue to increase and become complicated, especially crimes against forces performing
epidemic prevention and control tasks and the police force.
The situation of law violations and drug crimes is still very complicated, especially the
acts of trafficking and organizing drug use, causing insecurity and order, and some cases are
caused by drug users. Drugs carried out by "hallucinations" have caused anger in public
opinion. Taking advantage of telecommunications networks, the Internet, and social
networks to disrupt security and order, defraud property appropriation, and organize
gambling... still takes place openly.
The situation of environmental crimes will become increasingly complicated, with
environmental pollution, infectious diseases, climate change, biodiversity loss, land
degradation, water resources, marine environment… continuing is a global problem,
changing the natural ecosystem and socio-economic life around the world, becoming one of
the biggest challenges to non-traditional security. The trend of globalization, environmental
crimes with foreign elements are increasing, complex and sophisticated, difficult to detect...
will form new legal violations, even dangerous violations that turn into crimes.
Environmental violations of an international nature need to be prevented.

NỘI DUNG 9:

PHÒNG NGỪA TỘI PHẠM[1]

[1]
Phòng ngừa tội phạm là vấn đề trung tâm của TPH bởi nó là cái đích mà khoa học này
hướng tới.

1. Concept, purpose and classification of crime prevention


a. Concept
- Prevention is to prevent unfavorable or harmful things from happening.
- Crime prevention is the totality of general and specific intervention measures
applied to potential criminals and potential victims, with clearly defined goals, carried out by
state institutions and the community, which emphasizes a problem-oriented approach aimed
at controlling socially inappropriate behavior, criminal behavior, as well as addressing crime-
related aspects such as fear, mental disorders psychology, loss of security and order.
b. Characteristic

73
- Firstly, crime prevention means we take certain measures in the present so that crime
does not happen in the future and this is an activity that demonstrates the "prediction" of the
"likelihood of crime". ” as well as its problem-oriented strategy of determining the scope and
nature of the crime problem and then establishing an appropriate response through
“identification and assessment”.
- Second, crime prevention involves the efforts of the government as well as non-
governmental actors so it can come from “individual or group initiatives” identified by
individuals. , daring residents, community groups, businesses…and distinguishing crime
prevention from traditional criminal justice approaches. By distinguishing with “LHS”, the
definition needs to create boundaries that help clarify the concept of “crime prevention”.
- Third, crime prevention intervenes in the mechanism of crime and eliminates some
crimes, as well as finding ways to reduce the probability of other crimes. During a certain
period of time and at a certain location, it is possible to eliminate 1/1 of all types of crime,
but in general, intervention will reduce the probability of committing a crime.
- Fourth, crime prevention may not be defined by its "purpose" but by its "results". That
is, the actual approach is not as important as the results; If a strategy or program is intended
to prevent crime from occurring or becoming more serious, it is considered crime prevention.
→ Crime prevention focuses fundamentally on results: preventing crime.
- Fifth, crime prevention is limited to activities that have the purpose of preventing the
initiation of individual crimes or crimes occurring in a specific location. Most legal
proceedings and actions based on penalties should not be considered preventive.
c. Crime prevention object
- Includes: crime, factors affecting decision making, fear of crime and chaos and
instability.
- Some crime prevention theories and strategies also advocate focusing on disorder and
indecency, which are not crimes or illegal conduct under the provisions of the Law but may
contribute to into local instability when more serious crime problems arise.
d. Purpose
- Crime prevention includes strategies and measures aimed at overcoming the risk of
crime and its harmful effects on individuals and society, including fear of crime by
intervening. intervene to influence their many causes.
- Well-planned crime prevention strategies not only prevent crime but also protect
community safety and contribute to promoting the sustainable development of countries.
- Responsible and effective crime prevention enhances the quality of life of all citizens.
- It has the long-term benefit of reducing costs associated with the formal criminal

⇒ Crime prevention offers an opportunity for a humane and cost-effective approach to


justice system as well as other social costs arising from crime.

crime problems.
e. Classify
● Based on prevention strategies - 3 types - they try to prevent opportunities to commit
crimes, modifying the outcome of consciously or unconsciously eliminating a criminal
action:
- Nurturing strategies “attempt to prevent the development of delinquency by
improving early life experiences and targeting adolescent development” into desirable

74
directions. Includes: enhanced health care for infants and mothers, child care for low-income
families, parenting skills training, enhanced community education and staycation programs
school.
- Protection/prevention strategies contain “attempts to reduce crime opportunities by
changing people's routine activities, increasing guardianship, or disabling crime.” These
include: incapacitating convicted offenders through detention or the use of electronic
monitoring devices, the use of architectural design and crime prevention programs such as
policing and patrols. in the neighborhood, as well as strengthening policies appropriate to
this category.
- Prevention strategies “attempt to eliminate crime incentives by enhancing detection
and strong, timely punishment.” These include: new and stricter laws, quicker legal

⇒ A comprehensive crime prevention strategy will be “a balanced combination of


proceedings, increased penalties and speedy convictions.

protection/prevention, prevention and nurturing strategies”.


● Based on beneficiaries: general prevention and individual prevention.
● Based on constituent elements - 4 types:
- Law enforcement: basic preventive measures implemented by competent authorities
such as police and courts.
- Development: measures to prevent the development of potential criminals.
- Social: measures to change social conditions that affect criminals and victims of those
crimes in society.
- Situational: measures to prevent crime, reduce opportunities to commit crimes and
increase the risk of detection and arrest.
● Based on approach - 3 types:
- Prevent crime situations.
- Prevention based on social development.
- Crime prevention on community platforms.

2. Crime prevention subjects and institutions


a. Family - important factor in promoting or preventing the development of criminal
potential in children.
- Children are influenced by many factors from the family such as family structure,
parent-child relationship, family rules, mental health, incidents of abuse or neglect, family
history in violence and crime.
- Methods of adjusting the process of raising children in the family such as listening
become the key to protecting children from a future of delinquency, prison or anti-social
behavior.
- A notable point focusing on solving the problem of potential crime in the family is to
support parents in developing child-rearing skills, pointing out factors that negatively impact
children (poverty, violence,...); At the same time, we support children in terms of education,
health care, counseling, psychological support, increasing social and life skills, and finding
their passions.
- 7 types of family impacts to reduce crime in children and adolescents:
+ Preventing pregnancy at a young age;

75
+ Provide support and advice to mothers and newborns;
+ Instructions for increasing the quality of family care;
+ Educational support for children in difficult circumstances;
+ Help parents if they are experiencing difficulties and stress;
+ Increase measures to protect children and family members from violence;
+ Reduce the rate of homeless children.
b. School - the main organization of society - an organization for preventing juvenile
crime.
- The most important role of schools is to teach children to read, write, calculate and
think; provides young people with a very important environment for positive social
interaction and the development of basic social competencies.
- First, and most importantly, schools help prevent crime, becoming a bridge to convey
crime prevention programs to children: schools create an environment for children to
increase social communication and interaction. between skills.
- This method trains each individual according to their needs, builds a highly relevant
curriculum, uses many measures for children with problems, allows children to have more
say in school policies...
c. Labor market:
- Vocational training and job creation have also been used as a form of rehabilitation
for offenders. Work is not only about generating legitimate income and satisfying one's
personal needs, but it can also help foster social connections, expand social networks, and
integrate people into society. Civil.
- Labor-based approaches - to prevent crime often target typical targets and adults at
high risk of committing crimes, convicted (amnesty), and long-term unemployed.
- Most crime prevention programs work based on 1 of 2 forms: (1). Find jobs for at-risk
youth, chronically unemployed, or convicted offenders; (2). Provide job training or
experience to similar groups.
- Examples of social development-based crime prevention programs that rely on labor:
seasonal summer jobs or subsidized work programs, job training, pre-trial diversion for
committing crimes that make training a condition of criminal liability exemption need to be
researched and developed...
d. Neighborhoods and Communities - 1 crime prevention organization.
- Community-based crime prevention is the loss of social bonds in the community that
has contributed to crime and disorder in modern society.
- The effectiveness of crime prevention programs often depends on the existence of
local social cohesion or a sense of “community”.
- Community-based crime prevention involves enhancing or changing the individual
and collective behavior of the population to form or enhance an informal local social
environment that can regulate itself, including the regulation and prevention of crime and
disorder.
- The prerequisite of community-based crime prevention is to transform the
neighborhood as a spatial entity into a permanent organization: a community.
e. Police force and criminal justice system
- Community control and problem control are recognized as the most important crime
prevention philosophies of the police today. Community policing involves improving the
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relationship between police forces and the communities they serve, while the latter focuses
on effective and sustained measures to prevent and control crime by focusing on the cause.
- The criminal justice system is analyzed as investigating based on a limited number of
positive or negative reactions to crime and cannot organize methods of solving problems or
preventing it.
- 3 points need to be clarified to minimize criticism of the criminal justice system as a
crime prevention institution:
+ Informal social control must be accompanied or supplemented by formal social
control for all approaches to crime control in any society.
+ 1 individual must consider the deterrent role of the criminal justice system in
stopping and preventing crime, including the need for flexible and timely police response,
fear of punishment must exist in everyone's subconscious, or that person will be imprisoned
if he commits a crime.
+ The criminal justice system and its components (lawyers, examiners, legal aid) also

⇒ In short, the criminal justice system will continue to improve its support, or at least
absorb a minimum part of knowledge about crime prevention.

supplement, crime prevention interventions through its position as the foundation of formal
social control , as well as being more closely aligned with the principles of prevention. The
police force in general always plays a key role in preventing crime in the locality.
f. Personnel of government, services and police forces
- Local governments play an important role in preventing crime through agencies,
organizations, state employees, and services provided.
- Government welfare agencies play an important role in helping families create good
nurturing environments for children by supporting parents, especially during times of crisis.
- The government also has a legal obligation to decide when a child in dangerous
circumstances needs to be removed from the home and given necessary care.
- State agencies from central to local levels are key players in raising funds and
developing communities in poor areas with high crime rates and providing temporary
shelters.
g. Healthcare system (psychological and psychiatric)
- Psychological and physical health problems can increase the risk of crime and other
dangerous and antisocial behaviors closely related to crime. For example, abusing drugs and
running away from home.
- Research shows that:
+ Children's mental disorders are dangerous causes for future criminals.
+ More than half of juveniles in US prisons have physical health problems and the
number of adult prisoners in the US with physical health problems is four times higher than
the general rate.
+ ⅔ of correctional facilities in the US have 1 or more people with mental disorders.
- Given these studies, timely and methodical diagnosis of psychological disorders and
health problems can reduce the likelihood of crime.
- Preventive interventions for adolescents through families, schools, and communities
to help ensure that timely physical health care and institutional services are available. No
impact later.

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3. Prevent crime situations and prevent crime through physical environment
design
a. Prevent crime situations
● Preventing crime situations is a measure that reduces opportunities for crime
related to the management, design, or operation of physical environments that impact their
inhabitants to address specific types of crime at certain times in certain areas, in order to
make the commission of crimes more difficult, more dangerous, less effective, and more
difficult to forgive and accept by the social community. society and law.
● Crime prevention also involves people's efforts to prevent crime in a specific locality,
mainly through observation and reporting strategies, such as looking around.
● Characteristics:
- It is necessary to be established and applied in accordance with the unique
characteristics of each certain type of crime (time of occurrence, victims, current security
measures...).
- Involves changing the physical and human environment within it to reduce the
opportunity for a crime to occur without requiring long-term solutions to improve the root
causes of crime.
- To prevent or hinder a person from committing a crime by making criminal actions
more difficult or influencing the thought process of a potential offender to prevent the
commission of a crime at a time and specific location.
● Situational crime prevention operates on the fact that the majority of crimes occur in
a particular time and place → focuses on eliminating or reducing the opportunities for a
crime to occur in a specific time and place.
● Opportunity reduction approaches to crime prevention can take one of two forms:
- Through the management, design, or manipulation of the immediate physical
environment to enhance its safety and security. → Hard targets, which include the use of
deadbolt locks, window bars, locks, etc.
- Through the direct human environment: influencing and organizing people working
towards preventing crime in a specific area. → The core of this measure is control by
legitimate users of an environment, epitomized by a site surveillance program and citizen
patrols.
● Preventing criminal situations based on 3 theories:
- Activity cycle theory - explains the necessary circumstances for crime to occur:
Claims that most crimes are committed by motivated offenders against one target or potential
victim at a time specific time and location.
- Rational opportunity theory: explains offenders' decisions and argues that offenders
make choices and decisions during the planning and execution of a criminal act, and
therefore can is prevented.
- Offender search theory: shows that behaviors are caused by the offender's
opportunities stimulated by signals emitted by the physical environment.
● The basic premise underlying situational crime prevention is that the offender
engages in some form of decision-making process and acts intentionally (however unjustly)
in the commission of the crime (because of the means of committing the crime). This crime
prevention method fundamentally influences the offender's decision-making process,

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primarily by increasing the perceived risks of being caught or increasing the effort required
to do so. hvi offense).
● Reducing opportunities to commit crimes is considered the core of the solution to
prevent crime situations. The reduction of opportunities is expressed on 4 aspects:
- Increasing the difficulty of committing a crime: is a measure that forces potential
criminals to make more efforts to commit the crime and achieve their goals.
- Increasing the ability to detect danger (increasing the risk of criminals being detected
and punished): is a crime prevention measure that also seeks to increase the risk of a person
committing a crime being detected and punished, primarily by using surveillance/observation
systems and entry checks.
- Reducing or eliminating the results of crime: is a measure that makes the results of
committing a crime no longer valuable or of low value.
- Elimination of excuses: are measures to eliminate an individual's excuses and
defenses when committing a crime or an act of disorder.
b. Crime prevention through physical environment design
● Crime prevention through environment design is a strategy to reduce the
opportunities for crime through careful design and manipulation of the physical environment
(including the natural and environmental environments). artificial).
● Basic principle: the physical environment plays a role in promoting as well as
preventing crime and specific design and effective use can help reduce crime and concern on
crime, promoting responsibility and vigilance in private and public spaces by their rightful
owners.
● Theories and research suggest that some physical space designs have more impact on
the performance of certain acts, leading to the commission of crimes → The direct impact of
the physical environment has can be a factor leading to a person's decision to commit a
crime.
● Oscar Newman (1972) introduced his theory of “protective/defensive space”, which
later became one of the notable theories on crime prevention related to interactions between
physical environments. human nature and behavior. Newman made a remarkable connection
between house design, the fragmentation of social cohesion, and crime as the foundation of
his theory. He found a correlation between the height of an apartment building and the crime
rate in and around that apartment complex and found that the crime rate and vandalism in
high-rise public apartments are often quite high. high because high-rise buildings create
separation between the people residing in them and those on the street and promote a feeling
of separation and isolation from surrounding neighbors and other people living in the area.
House.
● Crime prevention through l environment design works in two basic ways:
- Crime prevention through environment design can directly prevent crime by limiting
access to property and eliminating crime opportunities through the design and control of the
physical environment, satisfying Satisfies the basic principles of situational crime
prevention.
Environmental design can indirectly reduce crime, fear and related problems by designs
that are believed to influence the social behavior of the rightful owners of a particular space. .
● Some important strategies in the field of crime prevention through environment
design:
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- Territorial/unregulated social control/defensive space: public and semi-public areas
can be made more defensible by controlling the space, creating signs of ownership and be
vigilant about public spaces, design clearly marked transition areas for people moving from
public to private spaces, and attract local residents to use public spaces community,
promoting surveillance opportunities among legitimate users of public and private spaces,
and protecting the aesthetics of local environments to demonstrate that people care about
their communities.
- Order of space: refers to design principles that clearly describe private space as
originating from public space → The ultimate goal of spatial order is to create an
understanding of increased risks for would-be offenders.
- Natural surveillance: build east-facing windows at entrances, vulnerable points, or
public spaces; Landscape design allows for unobstructed views of the surrounding areas;
Improve visibility with transparent building materials, lighting or white paint,...
- Support activities: designing public or semi-public spaces including parks,
playgrounds, etc. and installing cameras.
● Principles of crime prevention through physical environment design including
access control, spatial order, support activities and supervision.
● Some general guidelines for crime prevention through physical environment design
include:
- Maximize residents' opportunities to monitor housing and public spaces in residential
areas.
- Clearly define the boundaries between public and private spaces.
- Limit the number of entry and exit points, as well as routes into and out of an area.
- Maximize interior and exterior lighting, emphasizing bright white lights.
- Avoid any building or ground design that could provide concealment or trap areas.
- Keep the surrounding area clean, well maintained, and remove illegally drawn
caricatures free of charge to prevent a perception of neglect and insecurity by potential
offenders.
- Promote the legitimate uses of public spaces by designing or constructing attractive
areas.
- Design spaces to promote social interaction and cohesion among residents.
- Consider the safety and security implications of a location when deciding how that
location will be used.
● 5 roles of the public in preventing crime situations:
- They can be on the lookout or report suspicious people or behavior to the police.
- They can actively patrol areas, confronting suspicious individuals and asking them to
leave or change their hvi.
- They can change their own behavior to avoid becoming victims of crime.
- They can pressure others to take action.
- They can authorize security to act for their benefit/on their behalf.

4. Crime prevention through social development


● Crime prevention through social development is one of the most proactive
strategies in crime prevention strategies whose goal is to replace factors that put children at
risk of crime and lack of youth in the future, in order to prevent the growing trend of crime.
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● The purpose of crime prevention strategies based on social development is aimed
at the benefit of adolescents, children and young people.
● Crime prevention through social development focus on goal and strategies to solve
social problems, through actions and regulations to minimize, prevent, and eliminate
criminals. Factors that can lead to the risk of crime, deviant behavior as well as anti-social
behavior.
● The crime prevention strategy through social development is implemented towards 2
goals:
- Risks to the child in the social environment are mostly risk factors at the family and
community levels. For example: parents' teaching skills are not good, poverty,...
- The child's own risk. For example, through the ability to control, advise or teach
specific social skills, sports related or reflective activities,
● The positive element imparted through the intervention of this prevention strategy is
meant to promote the child's own recovery from risks.
→ All people are born with innate self-healing abilities, so we have the ability to
develop social, social problem-solving skills, sensors, self-control...
● Crime prevention through social development is truly a humane crime prevention
program as it focuses on the basic factors leading to the causes of crime. This is also one of
the most effective social programs.
● Method (manner):
- Crime prevention interventions through social development focus mainly on
eliminating dangerous factors and replacing them with protective factors.
- Intervene in improving children's living environment: foster more families with a
positive environment, provide more guidance to parents...
● Risk-focused methods of crime prevention through social development can seek to
eliminate or minimize risk factors or otherwise can be eliminated, additional methods can be
applied to partly reduce the factors affecting the risk.
● The content of the crime prevention method through social development focuses on
developing the social system towards the goal of crime prevention.
● The development and operation of crime prevention through social development
assumes that the causes of crime are often due to a combination of social factors (poverty,
lack of education) and political factors. (hvi, psychology, cognition).
● Development-based approach towards crime prevention:
- Practices and social organizations.
- Welfare policies and general services.
- Programs and assistance aimed at at-risk families.
- Purposeful interventions of crime prevention through social development.
● A number of theories about the causes of crime are used as the foundation for
building crime prevention strategies through social development:
- Theory of disorganization and stress: crime is a product of disorganization; society
through conflicts and contradictions between the goals of the whole society can lead to some
people choosing the path of crime → Providing people at risk of crime with behavioral and
emotional development , education, vocational training and skills.

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- Theory of differential groups: criminals often come from communities that often
despise PL and because of isolation from communities that comply with PL → need to raise
at-risk children in a positive environment Extreme and healthy
- Theory of social learning and imitation: Crime is all due to learning from a bad living
environment and crime often comes from observing crimes committed by others. →
Exposing at-risk children to positive role models and mentors can help remove any influence
of negative role models and role models in their community.
- Theory of control factors and social connection factors:
+ Promote an at-risk child's attachment to parents and family as well as other important
social institutions such as school to form a crime prevention strategy.
+ The promotion of control in crime prevention initiatives.
+ Directly address poor control by promoting control, critical thinking, good problem-
solving skills, assuming personal responsibility and recognizing the consequences of your
actions
● Identify risk factors among children and adolescents
- Includes 2 major categories: social environment and individual.
+ Personal risks: early display of antisocial attitudes (aggressive personality and
problems controlling anger); early onset of mental problems or its antecedents (stress,
anxiety,...).
+ Family risks: living below the poverty line, having parents who are criminals or have
anti-social attitudes, unhealthy families,...
+ Risks from school: lack of education, poor school culture, loose rules,...
+ Risks from the community: living in underdeveloped residential areas, having
negative role models...
+ Risks from friends: playing with bad friends, being shunned by friends...
- From another perspective, risk factors include:
+ Damage to the nervous system in the fetus: children born to women with bad habits
(smoking, drinking alcohol...)
+ Lack of care and attention: lack of physical and mental supervision from parents.
+ Life is influenced by the mother.
● Some crime prevention strategies for teenagers:
- What a teenager needs to be able to live a crime-free life is:
+ Young people need more opportunities and responsibilities along with the benefits
they enjoy.
+ They need to be well educated.
+ Young people need to feel useful, recognized and valued.
+ Young people need meaningful activities.
+ They need fairness, transparency, unity and receive meaningful returns for their
expressions.
+ Young people need to live a life free from abuse,
+ They need both physical and emotional support.
+ Young people need to be freed from all forms of harm.
+ Young people need accurate and complete information.
+ They need a positive role model.
+ Young people need a chance to become part of the solution.
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- Prevention programs based on social development for young people can be classified
as:
+ Targeted prevention efforts directed at individuals at risk (tutors, counselors, etc.)
+ Preventive measures are indirectly targeted to individuals at risk.

5. Community-based crime prevention (a combination of two approaches to crime


prevention and crime prevention based on social development).
● This form of prevention focuses on 2 groups:

Community Community development model


defense model

Similarity - These two models both include two essential elements to define community-
based crime prevention: the existence of a cohesive social group with
residents participating together in preventing and controlling crime. violation.
- The community development approach is a prerequisite for the community-
based prevention model by strengthening social cohesion and informal social
control.
- Depends mainly on the unification of people into a community through the
process of socialization.

Difference - Relevant to - Try to clearly identify the root factors that increase
reducing criminal behavior.
opportunities for - Promote physical, social, and economic development
crime. including initiatives from organizing residents,
economic development, area beautification projects,
eliminating advertising and draw caricatures…
- Some ways:
+ Solve physical deterioration, infrastructure and
disorder problems.
+ Through the development of local social cohesion
and informal social control.
+ Through social and economic development measures.

● Adjacent areas and communities become the focus of crime prevention because:
- Crime prevention is premised on a community-based citizen-oriented process with the
assumption that individual citizens play a key role in maintaining order in free societies →
they should be encourage acceptance of more responsibility in crime prevention.
- Neighborhoods are where most crimes take place and are the right place for solutions
to be implemented.
- The importance of neighborhoods and communities is incompatible with all other
crime prevention approaches.

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● The foundation for community-based crime prevention comes from the hypothesis of
the loss of community cohesion in urban areas during the process of rapid urbanization and
industrialization.
● Community protection model:
- Characterized by the concentrated efforts of neighborhood residents, who shape their
local environment and landscape through efforts of local informal social control.
- Characteristics of this type of defense are expressed in 5 concepts and principles:
+ On the community platform.
+ Informal social control.
+ Local collective action.
+ Enhance and modify hvi.
+ Solutions to prevent crime situations.
● Crime prevention through social development is an approach that promotes
rebuilding and strengthening a community for everyone and by everyone who lives in it.
● Community development aims to achieve 5 goals:
- Improve the quality of life of community members through solutions to common
problems.
- Minimize social inequality caused by poverty, racism, gender discrimination...
- Implement and preserve democratic values, as part of the process and outcome of
community organization and development,
- Personal and effective development.
- Social cohesion.
● Comprehensive community-based approach to crime prevention:
- A comprehensive approach to preventing and combating crime at the local level
involves a series of corresponding measures from the main prevention directions,
implemented by different institutions, through a coordinated approach. Collaboration
between institutions revolves around mobilizing and empowering local people.
- A number of factors affecting crime, community safety and quality of life issues in
social housing/apartment areas that need to be considered when developing a comprehensive
crime prevention plan. facing these environments. These measures are: management, housing
and eviction policies, tenant associations, physical design, community awareness, citizen
awareness, policy.

6. Social control of crime


a. Concept
- Control (Great Vietnamese Dictionary) is to check and review to prevent violations of
regulations or to place within scope, authority and responsibility.
- Crime control is a concept that refers to methods implemented to reduce crime in
society.
- State control of crime (official control, specialized control) is a form of crime control
carried out by functional agencies and competent people in those agencies on the basis of
legal documents. The Government's version stipulates.
- Social control of crime (informal control) is a form of control through social
organizations and relationships (such as residential communities, social organizations,

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religions, educational organizations) , family...) and by social values (such as customs,
practices, traditions, standards, beliefs...).
- Social control (from a general perspective) is the arrangement of norms, values and a
system of incentive and sanction mechanisms to enforce their implementation.
- Social control of crime:
+ In a broad sense: A measure to reduce crime by the State (represented by specialized
crime control agencies) through legal measures and mechanisms prescribed by law, as well
as by organizations and associations. social connections and relationships through values,
standards, commitments, norms, and beliefs in those organizations, associations, and social
relationships. → Social control of crime is control of the entire society - of all forces in
society.
+ In a narrow sense: A measure to reduce crime through organizations, associations,
social relationships and by values, standards, commitments, norms, and beliefs in
organizations and associations. , that social relationship. → This is only a form of control
through organizations and social relationships, there is no state control over crime.
b. Subjects, means and methods of social control of crime
● Concept
- Subject (Great Vietnamese Dictionary) is the object that causes the action (in
opposition to the object affected by the action, which is the object.
- The subject of social control over crime is the object or force that conducts crime
control activities.
- A means is something used to carry out a job.
- The means of social control over crime are the ones that subjects use to conduct
crime control activities.
- Method (Great Vietnamese Dictionary) is the method and form of conducting
activities.
- Social control methods for crime are the types (forms) in which social forces
influence the object of control to prevent and reduce crime in society.

Chủ thể kiểm soát xã hội đối với tội phạm Means of social control of crime

Based on the structure and social position of social 1. Social rules and norms: customs,
forces: practices, traditions, ethics,
1. Organizations, institutions, social groups: organizational regulations, religious
political and social organizations, religious beliefs, rituals.
organizations, educational organizations, families, → Always has guiding value and is
communities, associations/groups... the standard for evaluating human
→ Carry out the role of controlling members' behavior.
behavior through imposing certain rules of conduct 2. Social constraints on people such
on members, monitoring and supervising members. as emotions, beliefs, dependence,
2. Individuals have influence and influence over public opinion...
controlling objects such as relatives, friends, → If there are no constraints, there is
colleagues, teachers, neighbors, idols, and leaders. no reason for individuals to comply
→ Strong impact on control subjects through with all controls.

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education, management, supervision, propaganda, 3. Basic, normal benefits of life such
orientation, setting a good example... as peace, honor, status, wealth...
3. Each individual himself. → Seen as rewards to entice people
to keep themselves within standards.
4. Social values such as culture, art,
ideals. → Has a touching impact,
shaping people towards a good
lifestyle.
5. Subjective factors within humans
such as personality, emotions,
consciousness, ability to enlighten,
absorb, personal ideals...
→ Directly control human hvi.
6. Material tools that support control
activities such as information and
propaganda media; Listening,
viewing, monitoring tools...
→ Propagate standards and values;
manage and monitor human
behavior.

● Social control methods for crime (classification based on criteria)


- At the beginning of the twentieth century, Dr. Edward Cary Hayes, based on the
criterion of type of control means, divided control methods (general) into 2 types:
+ Control by sanctions: use a system of rewards and punishments.
+ Control by education and socialization: Mainly done by advising, encouraging, and

⇒ According to Hayes, education is the most important and effective method.


setting a good example.

- German-born sociologist Karl Mannheim, based on the criterion of closeness in the


subject's relationship with the object of control, divides social control methods into 2 types:
+ Direct control: exercised on individuals by the reactions of those close to them in life.
+ Indirect control: exercised on individuals by factors separate from themselves. The
main means of this method are traditions, institutions, customs, beliefs, changes in status,
and social structure.
- GS. Luther Lee Bermard offers a classification based on the perception of the
controlled object:
+ Conscious control: the type of control in which the controlled object clearly perceives
control. Its means of control are often developed and applied by social leadership forces such
as laws, organizational regulations, etc.
+ Unconscious control: the object of control complies with the control unconsciously,
hardly paying attention or realizing its existence. For example, people often act according to
customs, practices or traditions as natural habits.

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- Kimball Young based on the criterion of the direction of impact of control activities
on the controlled object. Includes 2 types:
+ Positive social control: using benefits that are important to people to encourage and
motivate them to behave appropriately.
+ Negative social control: threats, punishment.
- GS. Based on the perception and attitude towards legal violations, Donald Black
divides into four methods of social control: punishment, compensation, treatment and
reconciliation.
- In addition, based on control goals, it can be divided into:
+ Crime control: aims to prevent, detect, prevent crime from occurring or limit its
actual consequences.
+ Controlling criminal thoughts: the goal is to prevent negative thoughts and desires to
commit crimes from arising in society.
c. The role of the subject system is the State and social institutions in social control of
crime
● The role of state in social control of crime - State occupies a central position - being
the subject of official crime control activities in society.
- Through the promulgation of legal regulations, the State determines which socially
dangerous acts are considered crimes and prescribes legal sanctions for such crimes.
- Through investigation, prosecution, trial and execution, the State detects and prevents
crimes, punishes offenders and prevents them from re-offending, as well as takes educational
and rehabilitation measures. , rehabilitation to help them reintegrate into society.
- State guides crime control activities and identifies control objects.
● The role of social institutions in social control of crime.
- The institution has two main functions:
+ Encourage, regulate, and regulate human behavior in accordance with social norms
and standards and comply with institutions.
+ Prevent, control, and monitor deviant behavior prescribed by institutions...
→ Contribute to maintaining social order, preventing violations in general and crime in
particular.
- Social institutions mainly control crime internally (control people's criminal thoughts,
so that they can self-deterre and warn themselves).
d. Criteria for social control of crime

- The purpose of crime control is to control and reduce crime in society ⇒ To be


● Criteria on the impact of social control on the crime situation.

considered effective, social control must make the crime situation progress in a significantly
reduced direction.
- Manifestations: reducing the number of crimes, reducing the number of criminals,
reducing very serious and especially serious crimes, reducing anti-social tendencies,
reducing recidivism and recidivism dangerous, reducing the number of deaths, injuries,
property damage to society...
● Criteria for the level and scope of control achieved on the control object.
- Introverted control (self-control): the control effect achieved at this level is the ability
to self-limit the individual's behavior, not letting oneself commit a crime.

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→ Achieving effective inward control for more individuals in society, the more
successful crime control will be because crime, like all other types of behavior, is determined
by people's subjective will. .
- Extroverted control: the effectiveness achieved at this level does not stop at the
individual's ability to self-limit their behavior, not letting themselves commit crimes, but
must be the individual's attitude and responsibility in preventing, oppose the crimes of others.
● Criteria for the level of participation and reasonableness in the coordination
mechanism between social forces participating in crime control.
- Crime control activities will be highly effective if they create a strong response to
crime throughout society, raising a sense of responsibility to fight resolutely and proactively
attack, prevent and fight crime. crimes of every individual, organization, and association in
society.
- When the majority of individuals and organizations in society entrust the task of
crime control to the state, indifferent to the developments of the crime situation, loneliness
will be a weakness of state institutions in the fight against crime. criminal.
● Criteria for human and material costs for control work
- If the costs are smaller while the results are greater, it means the effectiveness of
social activities is higher. → Social control of crime can be considered highly effective.
- Only crime control activities of specialized forces of the State require a regular,
separate budget to invest in human resources, facilities, and operating funds to correspond to
the fight. prevent crime, as well as predict future crimes.
● Criteria reflect the offender's ability to reintegrate into society
- Crime control activities must achieve the goals of reform, rehabilitation and social
reintegration of criminals to be truly effective in practice.
- Currently, the issue of reforming and rehabilitating criminals has not really received
attention. In fact, the popular social psychology is still to discriminate against and eliminate
people who have committed crimes.
- If crime control activities are not capable of reforming and preventing recidivism,
they will not reach their key effectiveness, and will also invalidate all previously achieved
results.

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