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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

NGUYEN VINH HUY

RELATIVES OF CRIMINALS WHO INFRINGE UPON
HUMAN DIGNITY AND HONOR OF FROM THE REALITY
OF SOUTHEASTERN PROVINCES

Major: Criminology and crime prevention
Code: 9.38.01.05

DOCTORAL THESIS OF LAWS

HA NOI, 2019


THIS WORK IS COMPLETED AT
GRADUATE ACADEMY OF SOCIAL SCIENCES

MENTOR: PROF. DR. TRAN HUU TRANG

Reviewer No.1:
Reviewer No.2:
Reviewer No.3:

The thesis is defended before the thesis appraisal board of the
Academy at the Graduate Academy of Social Sciences at:
......hours, date ......... month...... 2019.

This thesis can be found at:

- Library of Graduate Academy of Social Sciences
- National Library of Vietnam


LIST OF PUBLISHED ARTICLES AND WORKS
RELATED TO THE THESIS
1 . Nguyen Vinh Huy, Characteristics of relatives of criminals who
infringe upon human dignity and honor and the meaning of
researching - Journal of human resources and social science, No. 1
(56) 2018
2. Nguyen Vinh Huy, Factors affecting the formation of personal
identities of relatives of offenders of human dignity and honor Journal of Industry and Trading, No. 2, February 2018
3. Nguyen Vinh Huy, Factors affecting the formation of personal
identities of relatives of offenders of human dignity and honor of
people in the provinces of the South East - Journal of Industry and
Trading, March 3 / 2018
4. Nguyen Vinh Huy, Chapter XII and Chapter XIV in the scientific
commentary of the Criminal Code (current) (Amended in 2017).
National political publisher The Truth.
5. Chapters IV, IX, XXVIII, XXIX and chapter XXXIV in Scientific
Commentary Criminal Procedure Code (current). Publisher. National
Politics Truth.
6. The significance of studying the characteristics of the offender's
identity - The People’s Police, No.3 (13) / 2018.


PREAMBLE
1. The urgency of the topic
The Southeast region includes Ho Chi Minh City, and Binh
Duong, Binh Phuoc, Tay Ninh, Dong Nai, Ba Ria - Vung Tau

provinces with a small total area compared to other regions (23.6
thousand km2). Although it has an average population with 15
million people in 2014, it has the highest nationwide GDP, industrial
output value and export value. Along with the economic
development, the reverse impact of the market economy also brings
to the Southeastern provinces many risks and challenges, especially
in the maintenance of social order in the area.
In recent years, the criminal situation in general and the
violation of human rights and honor (VHRH) of people in the areas
of Southeast have complicated developments. The level of crime is
increasingly sophisticated and more complex. According to statistics,
within 10 years (from 2008 - 2017), the whole country has tried
45,862 cases and prosecuted 54.482 accused related to crimes of
VHRH. Only in the Southeast region, the trial of 10,412 cases of
human committed crimes accounted for 22.7% of cases; prosecuted
11,157 accused in connection with VHRH crimes accounting for
20.47%. Out of a total of 56,596 crimes of infringing upon human
life, health, honor, and dignity in the area, up to 10,412 cases were
related to VHRH crimes accounting for 18.4%; Of the 80,888
defendants who were tried on infringement of human life, health,
honor, and dignity in the area, there were 11,157 accused in
connection with VHRH crimes accounting for 13.8%. The offenders
use different methods and tricks to commit criminal acts. They are
more aggressive, reckless, open and blatant. Crime cases with
serious, very serious and particularly serious characteristics are
increasing. The above situation has caused confusion, anxiety, and
insecurity among the people and has caused disorder in the locality.
In order to fight crime prevention in general and crimes related
to VHRH in particular effectively, a very important issue is the need
to properly recognize the offender’s relatives because of its important

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role in the mechanism of criminal acts. Researching the offender’s
identity first helps us to make accurate decisions on crime level,
crime frame and penalty. An exact penalty will not only have a
specific preventive and preventive effect (preventing recidivism) but
it has a general preventive effect for the whole society as well. In
addition, researching on the offender’s identity also helps to
determine full, accurate and comprehensive causes of crime situation,
and makes the education and training process for the offenders
become effective, thereby proposing efficient solutions in crime
prevention. It is in this important role that most in-depth studies of
criminology have focused on clarifying the offender’s identity.
Stemming from the requirements of crime prevention struggle
activities in general and VHRH crimes in the Southeast provinces in
particular, the study named: "Identity of the offender who commits
the offense of violating human rights and honor from the reality of
the Southeast region" is of urgent and significant values in both
theory and practice.
2. Research aims and tasks
2.1. Research aims
On the basis of clarifying personal characteristics of VHRH
offender’s identity in the Southeast region, the study analyzes causes
of forming negative personal characteristics of the offender’s
identity. The thesis also aims at proposing solutions to strengthen the
prevention of VHRH crimes in the areas of Southeast from the
perspective of the offender's identity.
2.2. Research tasks

To accomplish the above research aims, the thesis focuses on the
following tasks:
Firstly, presenting an overview of domestic and foreign researches
on issues related to VHRH offender’s identity, thereby pointing out
preventive measures contributing to the research results. Meanwhile, this
can help to determine the research direction of the thesis;

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Secondly, analyzing and clarifying the theoretical issues of VHRH
offender’s identity to be the basis for the awareness and analysis of the
reality of the VHRH offender’s identity in the Southeast areas;
Thirdly, analyzing and clarifying the reality of the VHRH
offender’s identity in the areas of the Southeast region from 2008 to
2017;
Fourthly, proposing solutions to strengthen the prevention of the
situation of VHRH crimes in the locality from the perspective of the
offender's identity.
3. Object and scope of the research
3.1. Object of the research
The research object of the thesis is to study theoretical and practical
issues of the VHRH offender’s identity as well as factors affecting the
formation of their characteristics in the Southeast regions and preventive
measures from the perspective of the offender's identity.
3.2. Scope of the research
The thesis: "Identity of offender who commits the offense of
violating human rights and honor from the practice of Southeast
region" is carried out from the perspectives of criminology and crime
prevention.

● Scope of the research content
The thesis mainly focuses on studying characteristics of VHRH
offender’s relatives in the Southeast regions in the period of 2008 2017 and factors affecting the formation of these negative
characteristics, thereby proposing preventive measures to these crimes
from the perspective of the offender’s identity.
The thesis researches in the context of the Penal Code (PC)
regulated in 2015 (amended and supplemented in 2017) which has taken
legal effect since 01/01/2018. However, during the period of 2008 2017 when the thesis studied the status of the VHRH offender’s
identity in the Southeast region, the Penal Code 1999 (amended and
supplemented in 2009) was still valid, and human offenses of VHRH in
this area occurring during this period were still resolved in accordance
with the provisions of the Penal Code in 1999. Therefore, when studying

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signs of the VHRH crimes, the study is still mainly conducted under the
provisions of the Penal Code 1999 in comparison with new regulations
in the provisions of the Penal Code 2015.
● Scope of the location and time
The thesis studies the offenses of VHRH which were tried in
the courts in the Southeastern areas in the period of 10 years (from
the year 2008 to 2017).
4. Methodology and research methods
4.1. Methodology
The thesis is studied on the basis of Marxism-Leninism
methodology of dialectical materialism and historical materialism,
Ho Chi Minh's thought about the state and law, views and policy of
the Communist Party of Vietnam and the Socialist Republic of
Vietnam on the construction of a socialist rule-of-law state and

judicial reform, on improving the legal system, strengthening and
improving the effectiveness of crime prevention struggle in general
and VHRH crimes in particular to solve the mentioned research
tasks.
4.2. Specific research methods
The researcher has used the following research methods to
obtain the research objectives:
- Statistical methods: The researcher collects and processes the
the statistics from People's Courts at all levels in the Southeast
regions and the judgments on VHRH crimes in the period of 2008 2017 to analyze and clarify characteristics of the person who VHRH related offender’s identity in the locality.
- Case study method: This method is used to study and evaluate
800 judgments including some typical trial cases related to VHRH to
analyze and clearly identify the basic characteristics of the offender’s
identity in the region.
- Methods of sociological investigation: This method is
conducted through sociological surveys to collect opinions of the
offender’s identity, teachers, students, etc ... in the Southeast

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provinces to assess the practice of preventing crimes related to
VHRH from the perspective of the offender's identity.
Besides, the thesis also uses some traditional research methods
of social sciences such as analysis, comment, logical reasoning,
inductive, and interpretive methods… to provide arguments and
evidences for the theoretical framework of the study.
5. New contributions of the thesis
- The thesis clarifies theoretical issues concerning VHRH related
offender’s identity, such as: concepts, characteristics and

classification of the offender’s identity, the process of forming their
characteristics, and the significant value of studying the offender’s
identity;
- The thesis analyzes and clarifies characteristics of the
offender’s identity in VHRH crimes in the areas of the Southeast in
the period of 2008 - 2017 along with factors affecting the process of
forming their characteristics.
- The thesis proposes preventive measures to reduce the crimes
against human rights in the Southeast provinces from the aspect of
the offender's identity.
6. Theoretical and practical significance of the research
6.1. Theoretical significance
The research results has contributed to enriching the theory of
criminology in general, the theory of the offender’s identity in
particular, especially the person who committed VHRH crimes.
6.2. Practical significance
The research findings can be used as a reference source for the
process of research, teaching and learning the subject of criminology
in the system of training schools.
The research results of the thesis can also be used as a useful
reference for legal protection agencies in the Southeast provinces in a
struggle of preventing and controlling VHRH crimes in particular.
7. Structure of the thesis
In addition to the introduction, conclusion, the list of references
and thesis appendices, the thesis consists of 4 chapters as follows:

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Chapter 1: Literature review

Chapter 2: Theoretical issues about identity of the person who
commits the offense of human dignity and honor
Chapter 3: Real situation of the offender’s identity in the cases
violating human dignity and honor from the reality of the Southeast
provinces
Chapter 4: Preventive measures to reduce human VHRH crimes
in the Southeastern provinces from the perspective of the offender's
identity
CHAPTER 1
LITERATURE REVIEW
1.1. Empirical studies in the world
In recent years, there have been many oversea studies focusing
on the issues related to the topic. Specifically, there are two major
research approaches, namely: approach to basic issues of criminology
and approach to in-depth issues of criminology.
1.2. Empirical studies in Vietnam
Firstly, the approach to basic issues of criminology comprises of
criminology coursebooks and intensive reference books.
Secondly, the approach to in-depth issues of offender’s identity
consists of master's theses and doctoral theses under the
specialization of criminology; research papers from the perspective
of criminology.
1.3. An overview of the literature review and the research
gap raised in the thesis
1.3.1. Some agreed issues
1.3.2. Some debating issues
* From the perspective of the Penal Code: Viewpoints of
disagreement focus on some of the following contents: The concept
of "human rights and honor" (abused object) leads to different
opinions about the scope of human VHRH crimes regulated in the

Penal Code; sexual acts of abuse (SAA) which are considered

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criminals; the subject and the victim in VHRH crimes committed by
humans.
* From the perspective of criminology: 1) Some of the following
issues that have not been studied or have been mentioned but to a
limited or incomplete extent include: Major studies on characteristics
of criminal’s identity of some crimes or group crimes within a
narrow scope; 2) So far, there has been no comprehensive and
comprehensive research on the VHRH related offender’s identity
based on the reality of fighting against these crimes in the period of
2008 - 2017 in the Southeast region; 3) There have been many
research projects mentioning the problem of forecasting VHRH
crimes in a number of different localities, such as Hung Yen, Hanoi,
Dong Nai, Ho Chi Minh City ..., but no work has made predictions
about the changes of the living environment and its influence on the
people who commit VHRH crimes in the Southeast region; 4) In the
past, there have been many research projects proposing solutions to
prevent VHRH crimes in some localities, but there has not been a
research project to propose solutions to strengthen VHRH crime
prevention in the area of Southeast from the aspect of the offender’s
identity.
1.3.3. Some issues that need further researching in the thesis
1) Clarifying some theoretical issues in terms of the VHRH
offender’s identity from the theory of offender’s identity in research
works about criminology.
2) Analyzing and clarifying the characteristics of the VHRH

offender’s identity in Southeast provinces in the period of 2008 2017 as well as analyzing the practicality of factors affecting the
formation of their characteristics the region during this period.
3) Proposing solutions to strengthen VHRH crime prevention in
the Southeast area from the perspective of offender’s identity.
CHAPTER 2
THEORETICAL ISSUES ON IDENTITY OF OFENDER
WHO VIOLATES THE HUMAN RIGHTS AND HONOR

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2.1. Concept, classification and characteristics of offender’s
identity who commits crimes of human rights and honor
2.1.1. Concept
2.1.1.1. The concept of human identity and the offender’s identity
- Human identity is a combination of specific characteristics and
signs of people which can show social nature of that person in certain
conditions and circumstances.
- The offender's identity is a summary of the social, psycho-social,
and criminal legal characteristics of the offender in combination with
external objective conditions and circumstances leading to the offense
of that person.
2.1.1.2. Concept of identity of person who commits crimes of
human dignity and honor
Human identity of VHRH offender is the entire social,
psychological and social anthropological characteristics, criminal
legal of human offenders related to violations of human rights and
honor. Human identity of VHRH offender can affect VHRH crimes
when their mentioned characteristics are in combination with external
conditions.

2.1.2. Classification of VHRH offender’s identity
- Based on the degree of violations in terms of personal
awareness and personal bias:
+ The personal group of VHRH offenders is random;
+ The personal characteristics of the people who committed
crimes;
+ Group of offenders from the trend of breaking the law;
+ Personal identity of offenders, recidivism, and dangerous
recidivism.
- Based on the group of criminal acts:
+ Personal identity of human trafficking;
+ Personal identity of humiliating others, and slandering.
2.1.3. Characteristics of VHRH offender’s identity
Characteristics of people who commit VHRH crimes are defined
as: Social anthropological characteristics (gender, age, occupation,

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educational level, family situation, residence area); psycho-social
characteristics; criminal legal characteristics (criminal record,
recidivism, dangerous recidivism; motivation, criminal purpose).
The personal characteristics of people who commit VHRH
crimes are analyzed in three groups: People who commit the offense
of VHRH, people who commit trafficking, crime group of abusing,
humiliating others, and slandering.
2.1.4. The significance of studying the identity of people who
commit crimes of human dignity and honor
Firstly, studying the identity of the offender under the
perspective of criminology contributes to determining the causes and

conditions of committing VHRH crimes;
Secondly, studying the identity of the offender under the
perspective of criminology contributes to the construction of
measures to prevent VHRH crimes;
Thirdly, studying the identity of offenders greatly contributes to
constructing measures of educating and renovating offenders.
2.2. Factors affecting the process of forming negative identities
in people committing human dignity and honor
2.2.1. Factors affecting bad character formation in offenders
Criminal psychology indicates that a person's crime is due to the
influence of different internal and external factors. First of all, their
offenses are caused by negative inner psychological factors which act as
promoting motivators. In other words, these negative psychological
qualities that have formed in individuals are the basis for generating
motivation, the purpose of committing crimes and under certain
conditions that will lead individuals to commit criminal acts. The
negative psychological factors that arise due to the effects of
inappropriate social relations are the consequence of the process of
participating in negative activities as well as the shortcomings of human
socialization.
Thus, social factors are the basis of the formation of psychological
factors. Psychological factors are the basis for forming goals and

9


motives of committing crimes. Circumstances are conditions for
individuals to commit criminal acts.
2.2.2. Objective factors
2.2.2.1. Negative and limited factors in family backgrounds

Negative factors from family backgrounds are more likely to affect
the formation of VHRH offender’s personal identity. They are: divorced
family, unhappy family, families in financial difficulties; family whose
children lack the care and education from parents, family whose parents
are too indulgent.
2.2.2.2. Limitations and weaknesses in current educational
environment
Some shortcomings in the educational environment can be
mentioned as follows: schools have not focused on moral education,
personality, legal knowledge and life skills for students. Schools have
not coordinated tightly with families and society in managing students.
2.2.2.3. Negative factors coming from society and-economy
- Factors of economic environment: Limitations and shortcomings
in economic management are also one of the factors affecting the
process of forming offenders’ bad personalities in general and VHRH
offenders’ bad personalities in particular;
- Factors of social environment: The situation of rich and poor
differentiation is increasing. It is the poverty and low literacy that
motivate offenders to commit criminal acts, especially VHRH crimes,
crimes of trafficking; and make social welfare policies become
unreasonable.
2.2.2.4. Shortcomings and limitations on state management of
culture
State management in the field of culture also reveals limitations.
The strong development of information technology and internet has
created negative side on social networking sites. There are lots of
cultural products with debauchery and sexual or violent stories...
which have not been strictly controlled by competent authorities.
2.2.2.5. Impact of geographic and population factors

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Natural - geographical factors (personal geography) also have
certain effects on the process of forming personal characteristics in
general and negative personal characteristics of a person living in that
area. Personal geography is the study of the impact of natural
geographical factors on the process of forming personal
characteristics of a person. Specifically, In the study, it is the process
of forming offenders’ negative personal characteristics.
2.2.2.6. Affective factors from the aspect of victims
It can be seen from the study of offender’s identity in general
and VHRH offender’s identity in particular from the perspective of
the victims that their impact on the formation of negative personal
characteristics in the offenders is not immense. However, factor of
victim has certain effects on the realization of VHRH offense in the
people with negative personal characteristics.
2.2.3. Subjective factors
Subjective Factors affecting VHRH offender’s identity include:
2.2.3.1. Deviation of morality and personality
The market economy leads to disregarding morality and
personality, from which a part of the society has negative
perceptions. Some people do not study to improve their knowledge,
acquire good things. In contrast, their lack of education and arrogant
habits are likely to motivate them to commit crimes. They disregard
all to fulfill their negative ambitions and desires. They only know to
satisfy their biological needs… irrespective of
inevitable
consequences resulted from their deeds.
2.2.3.2. Deviations in preferences, habits, needs and ways to

satisfy needs
Every human being always has different demands in daily life.
In specific circumstances, if the needs of the subject are misleading,
and beyond the ability of life with wrong ways of satisfying
demands, it inevitably leads to criminal acts.
2.2.3.3. Psychological revenge, envy and jealousy
Crimes of humiliating others and slandering often stem from the
physiological mind of the offender (psychological desire to take

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revenge, envy people or hate them). When being mentally inhibited
like being betrayed, repudiated or seeing someone who is more
talented, richer, more beautiful or more respected..., it is easy to
generate negative psychology such as feeling jealous or want to
lower the prestige and dignity of that person.
2.2.3.4. Limited understanding of law, despising and
opposing the law
The discrepancies in legal awareness of individuals are also one
of the factors affecting the mechanism of giving offenses,
manifesting differences in legal awareness of individuals in the
following forms: despising obligations, despising or opposing law.
CHAPTER 3
CURRENT STATUS OF THE VHRH OFFENDER’S
IDENTITY FROM THE REALITY OF THE SOUTHEAST
PROVINCES
3.1. Overview of VHRH crimes in the Southeast provinces
3.1.1. Current status (extent) of VHRH crimes in the Southeast
provinces

Crimes of violating human dignity and honor in the region of
Southeast account for a large proportion of the total number of
VHRH cases nationwide (accounting for 22.7% of the cases,
accounting for 20.47% of the defendants) as well as compared to
general crimes in the area. At the same time, it accounts for a large
proportion of the total number of abuse cases including human life,
health, honor and dignity according to the provisions of the Penal
Code.
3.1.2. Developments of crimes violating human dignity and
honor in the Southeast provinces
It can be realized that VHRH crimes in the Southeast region has
complicated developments and their fluctuations have not followed
the rules. Yet, the general trend is increasing over time.
3.1.3. Structure of VHRH crimes in the Southeast region

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In terms of the behavioral groups of offenders, it can be seen
that among VHRH crimes occurring in the Southeast region, most of
them are sexual crimes (accounting for 96.2% of the total number of
cases, accounting for 91.9% of the total number of VHRH offenders).
The groups of criminal acts of human trafficking, humiliating others,
or slandering make up less proportion.
In terms of specific criminal acts, it can be seen that cases of
sexual offenses with children - Article 115 of the Penal Code in 1999
(4241 cases/4039 defendants) account for the highest proportion
(40.73% of cases and 36.2% of defendants) in total of VHRH cases
in these localities.
In terms of administrative units, through statistics of VHRH

crimes in each province in the South East region, it is shown that Ho
Chi Minh City is the place with the highest number of cases/ numbers
VHRH accused, followed by Dong Nai, Tay Ninh, Binh Duong, Binh
Phuoc provinces respectively. Ba Ria - Vung Tau province is the
place with the lowest number of VHRH cases.
Crime structure according to administrative units, through statistics
of Crime of Crime of Crime in each province in the South East region,
shows that Ho Chi Minh City is the place with the highest number of
cases / numbers accused of XPNPDD, followed by turn Dong Nai, Tay
Ninh, Binh Duong, Binh Phuoc provinces, the lowest is Ba Ria - Vung
Tau province.
The researcher has analyzed data from 800 first instance and
appellate judgments at the People's Court of Southeastern provinces
in the period of 2008 - 2017 with 1061 defendants on these groups of
criminal acts. Among them, 621 sentences with 757 VHRH offenders
were found; 103 sentences with 228 defendants were found guilty of
trafficking crimes and 76 judgments with 76 crimes of humiliating
others.
3.2.1. Characteristics of people who commit sexual offenses

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3.2.1.1. Social anthropological characteristics
- In terms of gender: Sexual defendants are male (accounting for
98.15%); female (accounting for 1.85%).
- In terms of age: The defendants are under 18 years old
accounting for 8.2%; from 18 to 30 years old accounting for 69.1%;
from over 30 years old to 45 years old accounting for 18.8%; over 45
years old accounting for 3.9%. Thus, it can be seen that VHRH

offenders in the Southeast provinces are mainly concentrated in the
age group from 18 to 45 years old (accounting for 87.9%).
- In terms of occupation: The defendants who are jobless
accounting for 89.1%; the defendants who have unstable jobs with
low income account for 8.6%; the defendants with stable jobs take up
2.3%. Thus, it can be seen that the majority of defendants who
commit sexual crimes are those with unstable occupation and those
who have criminal records.
- In terms of education level: The defendants are senior high
school graduates or above accounting for 13%. Most of them are
mainly at primary, secondary or illiterate levels accounting for 87%.
- In terms of family backgrounds: About two-thirds of the
VHRH defendants are in single status, only 23% of them are married,
and 27% of them are divorced or separated. The defendants in
financial difficulty account for 56.7%; having an unhappy family or
living in a violent family make up 16.6%; having family with
disabilities account for 31.4%. Especially, there are 151 defendants
coming from the family whose parents pamper their children too
much (accounting for 19.9%).
- In terms of residence: There are 453 defendants residing in
rural and mountainous areas (accounting for 59.8%); 304 defendants
reside in urban areas. Thus, it can be seen that sexual crimes occur in
different areas including both in urban and rural areas.
3.2.1.2. Psycho-social characteristics
- People who commit sexual crimes have a poor understanding
of society, laws and ethical standards of living and have a relaxed
lifestyle;

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- Psychology to despise dignity and honor;
- Deviant psychology in interests, habits, needs and ways to
satisfy needs;
- Psychology of laziness to earn money, laziness to study and
cultivate.
3.2.1.3. Criminal legal characteristics
- Crime, criminal record, recidivism, dangerous recidivism: 135
defendants have criminal records for different crimes (accounting for
17.83%) and 622 defendants have no criminal records (accounting
for 82 , 17%). It is noteworthy that among the defendants who have a
criminal record of various crimes, they continue to recur or recount
sexual crimes dangerously (accounting for 2.3%).
- Characteristics of crime motives and purposes: The motive of
committing crimes mostly comes from the personal motives of the
criminals themselves. That is their desire or their strong wish to
satisfy their physiological needs in a standard deviation. This motive
comes from the inner nature of each individual and thereby motivates
individuals to commit crimes.
3.2.2. Characteristics of people who commit crimes of human
trafficking
3.2.2.1. Social anthropological characteristics
- In terms of gender: There are 93 female accused (accounting
for 40.8%); 135 male accused (accounting for 59.2%).
- In terms of age: 100% of the defendants are over 18 years old,
of which the highest proportion is the defendants aged from 30 to 45
years old (accounting for 83.3%); the remaining 7.1% of the
defendants are aged over 45; 9.6% of the accused are aged from18 to
30 years old.
- In terms of education level: There are 96 defendants who have

attended high school (accounting for 41.9%), even among these
defendants there are also defendants who have studied college and
university (accounting for 1, 6%).
- In terms of occupation: 118 defendants have no occupation
(accounting for 51.7%); The number of defendants with occupations

15


but not stable is 93 (accounting for 40.6%). The number of
occupational defendants accounts for only 7.7%.
- In terms of family circumstances: There are 144 defendants
having families with difficult economic conditions (accounting for
63.1%); 118 defendants having unhappy and violent families
(accounting for 51.7%); 53 defendants coming from family without
care for their children (accounting for 23.1%); 75 defendants having
parents with excessive indulgence of children (32.7%); 86 defendants
have families with disabilities (accounting for 37.7%) ....
- In terms of residential areas: The defendants who commit
crimes of trafficking are often those who live or reside in rural areas
and undeveloped economic regions. Of the 228 defendants charged
with trafficking, 188 defendants live in rural and mountainous areas
(82.5%); 40 defendants live in urban areas (accounting for 17.5%).
3.2.2.2. Signs of social psychology
- Psychology of enjoying life without wanting to work or desire
to earn money at all costs;
- Psychology of despising law;
- Psychology of despising dignity and honor.
3.2.2.3. Criminal legal characteristics
- Crime, criminal record, recidivism, dangerous recidivism: 34

defendants have criminal record, criminal record of different crimes
(accounting for 14.91%) and 194 defendants have no criminal record or
criminal record (accounting for 85 , 09%). It is worth noting that among
the defendants who have a criminal record of different crimes, they
continue to recur and repeat dangerous recidivism for human trafficking
(accounting for 0.8%).
- Motivation and purpose of offense: 99.12% of the defendants
commit crimes for profit purposes, or earn profits; there are only 02
defendants who commit crimes due to other personal purposes
(accounting for 0.88%).
3.2.3. Characteristics of people who commit crimes of humiliating
others, slandering
3.2.3.1. Social anthropological characteristics

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- In terms of gender: 51 defendants are male (accounting for
67.1%); 25 defendants are women (accounting for 32.9%).
- In terms of age: The defendants are usually over 30 years old, in
which the ages from 30 to 45 account for the largest number with 52
people (accounting for 68.4%); The number of people from 18 to 30
years old is 12 defendants (accounting for 15.8%) and 12 defendants
over 45 years old (accounting for 15.8%).
- In terms of residence: Up to 54 cases (accounting for
71.05%) occur in rural and mountainous areas; There are 22
defendants residing in urban areas (accounting for 28.95%). The
cases of humiliating others and slander often take place in rural areas
and undeveloped economic regions. However, crimes of humiliating
others, or slandering still occur in urban areas mainly due to jealousy,

envy at work or in business ....
- In terms of education level: There are 71 defendants with low
literacy or finishing primary school (accounting for 93.4%); There
are only 5 people at upper secondary education level (6.6%).
- In terms of occupation: The proportion of defendants having
jobs account for 11.8% of the total of defendants; the defendants with
unstable jobs account for 25% and the defendants without
occupations account for 63.2%.
- In terms of family circumstances: There are 31 defendants
whose families are not happy and violent (accounting for 40.8%); 26
defendants lack interest in their children or over-indulged their
children (accounting for 34.2%); 41 accused have families with
disabilities (accounting for 53.9%); 07 defendants with difficult
economic conditions (accounting for 9.2%) ...

3.2.3.2. Psycho-social characteristics
- Expression of moral and personality degradation;
- Psychology of envying or hating others;
- Psychology of restricted understanding of law, despising laws.
3.2.3.3. Criminal legal characteristics

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- Crime, criminal record, recidivism, dangerous recidivism: 06
defendants have previous criminal records (accounting for 7.9%); 70
defendants have no criminal records (accounting for 92.1%). Among
the defendants having criminal records of different crimes, there are
no defendants with recidivism, or dangerous recidivism of
humiliating, abusing, slandering others.

- Crime motive and purpose: The offense of the defendants
guilty of humiliating others, slandering is very diverse depending on
each specific case.
3.3. Factors affecting the formation of personal
characteristics of VHRH offenders in the Southeast provinces
3.3.1. Impact of objective factors
3.3.1.1. Negative factors from family circumstances
- Families lack care for children expressed by their indifference
and irresponsibility towards their children: 695 defendants
(accounting for 65.55%) live in families who lack education or
proper educational interest of their parents.
- Families with difficult economic conditions: There are
580/1061 accused of VHRH crimes living in difficult financial
circumstances accounting for 54.7% of the total number of VHRH
defendants being tried.
-Family which are defective: There are 324/1061 accused of
VHRH crimes accounting for 30.5% of the total number of VHRH
defendants being tried.
- Families which are too indulgent of their children: There are
250/1061 defendants whose families are too indulgent (accounting
for 23.6% of the total number of defendants being tried on this
crime).
- Families which are not happy, and often violent: There are 275
defendants (accounting for 25.9%) coming from an unhappy family,
with constant conflicts, arguments, cursing and fighting.
3.3.1.2. Negative factors from the educational environment
- Schools have not focused on education and propaganda of
legal knowledge and life skills for students;

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- Schools do not have strict management measures for students,
and there is no coordination between schools, families and society;
- School violence, and sexual harassment occur in schools.
3.3.1.3. Negative factors from social-economic environment
3.3.1.4. Impact from geographic and population factors
3.3.1.5. Factors from the aspect of victims
3.3.2. Subjective factors
Besides causes from the objective environment, the process of
forming bad personal characteristics also depends on subjective
awareness as well as psychological characteristics of each individual.
It is possible to generalize the negative subjective factors affecting
the process of forming bad personal characteristics such as
preferences and habits; differences in needs and ways to satisfy
needs; moral and personality degradation; psychology of taking
revenge, and envy; limited knowledge of law; psychology of
overestimating the value of money.
CHAPTER 4
MEASURES TO STRENTHEN THE PREVENTION OF
VHRH CRIMES IN THE SOUTHEAST PROVINCES FROM
THE OFFENDER’S IDENTITY
4.1. The fluctuations of objective conditions affecting the
formation of VHRH offender’s personal characteristics in the
Southeast provinces.
4.1.1. The fluctuation of the family environment
The researcher forecasts the fluctuation of the family
environment; the fluctuation of the educational environment; the
fluctuation of the social-economic environment in the Southeast
provinces.

4.1.2. The fluctuation of the educational environment
4.1.3. The fluctuation of the social-economic environment
4.2. Strengthening the prevention of VHRH offenses in the
provinces of the Southeast from the perspectives of offenders

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4.2.1. Group of solutions to limit or eliminate the impacts of
living environment on the formation of bad human characteristics
This group includes solutions to limit negative impacts from the
family environment, the reverse of the market economy; the social
environment; the cultural environment, and the educational
environment; solutions of strengthening propaganda and education to
raise legal awareness and knowledge for people.
4.2.1.1. Limiting negative impacts from the family environment
Firstly, well organizing activities of propaganda and education
for family members to understand the role of family factors in crime
prevention in general and VHRH crimes in particular;
Secondly, improving material and spiritual life for households in
the area, ensuring income and occupation as well as social security
policies for members, thus forming positive personal characteristics
in every citizen;
Thirdly, enacting suitable handling mechanism for those with
criminal records, showing domestic violence, ensuring deterrence,
and at the same time preventing causes and conditions of committing
crimes.
4.2.1.2. Limiting negative impacts from the reverse of the market
economy
Firstly, the economic development must be sustainable, which

always maintains the leading role in the industrialization modernization process, and continues to become a major financial,
economic and commercial center of the region and of country;
Secondly, solving the relationship between the development of
industrial parks, export processing zones and high-tech zones with
the development of urban and environmental transport infrastructure;
ensuring accommodation, workplace, areas for study and medical
treatment and entertainment for people;
Thirdly, developing careers in the direction of rapid
development in accordance with job creation for employees;

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Fourthly, the Southeast provinces need to build a system of
training human resources for labor with professional qualifications of
regional and international levels.
4.2.1.3. Limiting negative impacts from the social environment
Firstly, it is necessary to ensure good and effective
implementation of social security policies and job creation in the
provinces;
Secondly, the Party committees and the provincial governments
of the Southeast provinces need to strengthen family economic
development;
Thirdly, there should be strict measures to manage and check
business types under certain conditions;
Fourth, strengthening the role of people, agencies, organizations
and unions in improving security, social order and safety.
4.2.1.4. Limiting negative impacts from the cultural environment
Firstly, the Party committees, local authorities in the Southeast
provinces need to strengthen the issuance of plans and directing

documents, specifically guiding the propagation and management of
cultural and cultural service products, and cultural publications more
closely;
Secondly, cultural agencies regularly check and review dealing
agencies in tapes, books, and sexual films in the provinces and
coordinating with functional agencies to receive and check investigation
and handling of harmful cultural products;
Third, persuading and encouraging all strata of people to participate
in the struggle of preventing and eliminating harmful cultural products;
Fourthly, strengthening the role of mass media as positive
propaganda about negative impacts of harmful cultural products;
discovering and praising typical examples in the prevention of anti-import,
and negative cultural hybrids.
4.2.1.5. Limit negative impacts from the educational environment
Firstly, strengthening universal education in the whole region;
Secondly, continuing to improve the quality of staff and teachers;

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Thirdly, strengthening moral education, personality and life skills as
well as civic responsibility for students right from the elementary level;
Fourthly, strengthening the relationship between family, school and
society;
Fifthly, strengthening student management, and combating school
violence;
Sixthly, focusing on sexual education for students.
4.2.1.6. Strengthening propaganda and education to raise awareness
of law for people
Firstly, innovating and diversifying forms of educational propaganda

and dissemination of laws on crime prevention and prevention of VHRH
crimes to people;
Secondly, focusing on training the propaganda staff;
Thirdly, strengthening the coordination of people in propaganda and
education.
4.2.1.7. Limiting negative impacts from the perspective of the victims
Firstly, raising awareness for those who are at risk of being victims of
VHRH crimes;
Secondly, equipping necessary skills for those who are at risk of
being victims of VHRH crimes;
Thirdly, focusing on nurturing activities, practicing morality and
lifestyle for young people.
4.2.2. Group of solutions to strengthen prevention of recidivism
4.2.2.1. Improving the effectiveness of law propaganda and
education for prisoners in the process of judgment execution
4.2.2.2. Well performing the reintegration work for people who have
completed the penalty
CONCLUSION
Crime is a social phenomenon reflected in people's anti-social
behavior. However, not everyone is born guilty, but the offense arises
in a process when negative environment influences subjective factors
forming negative personal characteristics in people which are likely
to commit crimes. Crime prevention in general and prevention of
VHRH crimes in particular are the responsibility of each individual,

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