Increasing juvenile crime a warning for sustainable social development in vietnam trinh thi kim ngoc
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BÀI TẬP 4 K22 (2), Chuong 2 Opamp co ban [Problems] (7)
| 1. The concept of juvenile crime
To determine the juvenile crime, we must first define their applicable age group because each country has different regulations on the age group of the minors. According to the international conceptions, the juvenile is aged from 10 to 18 and completely the same with the concept of Child (1) , the juvenile is aged from 15 - 18; the youth is aged from 15 to 24. All children, including the juvenile and the youth is called the young people. The international laws also specify the rights and obligations of these young people accordingly. In Vietnam, the juvenile is defined in the legal documents such as the Constitution, the Criminal Code, the Labour Code, the Civil Code and some other documents which specify that the juvenile is under 18 years old. However, in Vietnam the concept of juvenile is not entirely coincided with the concept of Child. The Vietnamese Constitution stipulates: "Children are Vietnamese citizens under 16 years old” (2) - These people get special attention by the State and the society so as to provide the best conditions for their physical and personal development to become helpful citizens for the society in the future. In regard to the definition of crime, the law says crimes are the negative social - legal phenomenon, which always goes against the benefits of the State and the society, contrary to the general interests of the community, infringe upon the citizen’s freedom (3) . The Vietnamese Criminal Code also states that crime is a dangerous action for society’s peacefulness, which is committed by the person with the criminal responsibility and applicable age intentionally or unintentionally infringing one or more social relationships protected by the Criminal Law (4) . Accordingly, the concept of the juvenile violating law is not the same with the concept of juvenile crime, though they have close relationships with each other, i.e. the delinquent juvenile indicates the specific subject who is juvenile and commit illegal action, while the crime by the juvenile indicates a type of crime committed by the juvenile. That means not all juveniles committing illegal action are crimes. In relation to the delinquent juvenile, the Article 12 in the Criminal Code of Vietnam specify that: 1) Persons aged 16 years or older must bear criminal responsibility for crimes; 2) Persons aged 14 years old or older, but not yet 16 must bear criminal responsibility for intentionally serious crimes. However, Vietnam maintains a humanistic perspective that the determination of a (1) United Nations Convention on the Rights of the Child, 20 th Nov, 1989. (2) According to the Article 1 of the Law on Protection, Caring and Education for Children (2004). (3) Trinh Tien Viet, “The Concept of Crime Prevention in the Perspective of Criminology”, Science Magazine, Vietnam National University in Hanoi, No. 24/2008, pp.185-199. (4) Refer to the Criminal Code of the Socialist Republic of Vietnam. Increasing Juvenile Crime... 57 juvenile committing crime to be a criminal or not depends on the Article 69 of the Criminal Code which mitigate or release crime when they are too young (5) . The vast majority of juvenile accept peacefully with the social code of conducts. Their violation of laws is mostly due to their agitation and deviance which will fade when they grow up. Therefore, it is necessary to consider very carefully when the juvenile violate laws. Besides legal factors, the competent authority should determine the child's cognitive ability of the crime’s dangerous level to the society, its causes and conditions.... to decide the criminal prosecution and applicable penalties most properly. The foregoing indicates the importance of identifying crime caused by the juvenile, because not every case when a juvenile commits an illegal act become a criminal offense... Obviously, when the juvenile have bad personal records and cause serious crimes, and they have been provided local education methods without outcomes, then the criminal prosecution and application of an appropriate penalty will be necessary. From the perspective of human security and social safety, and in the context of increasing violations of laws by the juvenile, thousands of people have suggested to increase penalties for juvenile offenders and lower the age to bear criminal responsibility below 14 years old. However, there are still many different opinions among law-makers, educators and social workers on this issue. tải về 459.36 Kb. Chia sẻ với bạn bè của bạn:
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