BBK 67 Право. Юридические науки
V poslednee vremya vo V'etname situaciya s torgovley lyud'mi uslozhnyaetsya, zloupotreblyaet zdorov'em, duhom i dostoinstvom zhertvy, ploho vliyaet na obychai i tradicii, porozhdaet nebezopasnost' i poryadok. Sily kriminal'noy policii dobilis' mnogih uspehov v predotvraschenii i bor'be s prestupnost'yu, no est' esche trudnosti. V dannoy stat'e avtor predlagaet ryad resheniy po profilaktike i bor'be s prestupnost'yu torgovli lyud'mi.
torgovlya lyud'mi, profilaktika, zhertva
Human trafficking is now condemned by the world. Many countries actively cooperate in the fight against it, because this type of crime seriously violates fundamental human rights, including the right to be respected from others for honor, dignity and health, especially human freedom, which has been recognized by the international community in general and countries in particular. Trafficking in persons has dangerous consequences for victims, families and society as a whole. This is a very serious problem with complex daily, hourly and growing trends in large measures on a global scale.
In the Socialist Republic of Vietnam (hereinafter — Vietnam), crimes related to trafficking in persons are provided for in two articles of the Vietnam Criminal Procedure Code of 2015 (as amended in 2017): the crime of trafficking in persons (Article 150) and the crime of trafficking in persons prior to 16 years old (Art. 151). According to these articles, human trafficking can be interpreted as an act of using people as a means of exchange, buying and selling material things for material benefits, committed by persons with legal capacity [1, p. 108].
In recent years, the situation with human trafficking tends to increase both in the number of cases and in the number of criminals and victims of human trafficking, which has led to serious consequences for society and citizens. According to statistics from the Ministry of Public Security (hereinafter — MPS) of Vietnam, from 2015 to the end of 2019, the country registered 2,159 criminal cases of trafficking in persons committed by 1,512 criminals and more than 2,600 people became victims, in which women and children accounted for more than 90%. It is noteworthy that 892 cases of human trafficking were registered in China [2].
In connection with the current situation on the crimes of trafficking in persons, the police investigated the social crime of the Vietnamese Ministry of Defense, having made great efforts in the fight against these crimes, investigated and immediately prosecuted the offenders in order to understand the cases that had occurred, and brought them to criminal responsibility before the law. In 2015, the police investigating social crimes prosecuted 335 criminal cases committed by 497 criminals, reaching 84.81% for the number of cases and 66.18% for the number of criminals; in 2016, 383 criminal cases were initiated by 610 criminals, reaching 89.28% in terms of the number of cases and 88.14% in terms of the number of criminals; in 2017, 407 criminal cases were initiated by 739 criminals, reaching 89.73% in the number of cases and 84.5% in the number of criminals; in 2018, 502 criminal cases were initiated by 723 criminals, which is 84.5% of cases and 85.3% of criminals; in 2019, a criminal case was initiated in 532 cases with 817 criminals, reaching 86.8% in the number of cases and 88.8% in the number of criminals [3]. So, on average, from 2015 to 2019, the level of initiated criminal cases compared to the total number of cases reached about 87.6% in terms of the number of cases, about 84.92% in terms of the number of criminals, and the number of annual criminal cases investigated for trafficking in persons has increased. ... In a number of cases, the number of criminals in recent years has shown that the situation with human trafficking is becoming more complex and tends to increase.
By studying a number of typical cases, it has been established that the nature of this crime is becoming more sophisticated, taking into account the division of tasks to create a transnational line between Vietnamese and foreign criminals. Foreign criminals coming to Vietnam interact with domestic criminals to make Vietnamese victims illegally work overseas. Going to foreign countries, they confiscate the victims' identity documents for forced labor without wages (taking place in Hong Yen, Nam Din, Hanoi, Ha Tin, Ho Chi Minh, etc.). After the victims are no longer able to work, the perpetrators inform the authorities about the deportation of the victim home. In addition, internal criminals use social media to pretend to be police officers and border guards, call and meet the victims, mostly ethnic minorities aged 16 to 23, pretending to be in love, promising to organize a wedding; then they will dominate, threaten the victim, and sell overseas.
Recently, a situation has arisen with the trade of unemployed men and children from ethnic minorities in labor institutions and the development of minerals for the exploitation of their labor force (in the provinces of Dien Bien, Quang Ngai, in the city of Ho Chi Minh, etc.). The situation with human trafficking, abduction and misappropriation of children in the northern provinces, as well as the situation with the purchase, sale, appropriation of human tissues, organs, and surrogacy are so complex. Note that they occur in many localities, such as Ha Jang, Son La, Nge An, etc.
In recent years, police investigating social crimes have made many strides in the fight against trafficking-related crime. However, in practice, the fight against human trafficking still has certain difficulties and disadvantages, namely:
First, propaganda, education, dissemination and observance of the law among the people is limited, not extensive. In this context, most victims do not have the information they need when looking for work or marrying a foreign husband, so they can be easily tricked. In addition, they do not have self-defense skills.
Second, immigration and government in border areas, especially road routes, are still inadequate and imperfect, and have little power to control unofficial roads and trails. In this regard, criminals use their advantage by sending people, especially women and children, across the border to sell them or organize illegal travel for others.
Third, the work on understanding the situation has made some progress, but the number of hidden crimes remains high. According to the results of the investigation carried out by the authorities, to date, about 22,000 women and children have been identified in the country who have been absent for a long time for unknown reasons, suspected of trafficking in persons, but there are still no solutions for verification and clarification. Every year, the competent forces identify only about 500 cases of trafficking in persons (mainly cross-border trafficking), and the number of cases of trafficking in persons for the purpose of sexual exploitation and coercion for work is not so many.
Fourth, although international cooperation in the fight has improved, it has not yet become effective as expected, for many reasons, such as judicial procedures, diplomatic barriers, the legal system. Many requests from the Vietnamese side ask the relevant authorities of your country to check (especially in cases of rescuing victims), but for a long time Vietnam still does not receive a response note, which leads to low efficiency in rescuing victims and persecuting people who are hiding abroad.
Fifth, the State of illegal migration and trade in the world, especially in the Asia-Pacific region, is proving difficult. According to United Nations statistics and reports from moving organizations, 233 million people migrate globally every year, and between 800,000 and 1,000,000 are trafficked. The level of human trafficking in the world is 1.8 per 1000 people. At the same time, this indicator in the Asia-Pacific region is 3 / 1,000 people. The difference between the sexes of the countries of the Asia-Pacific region in general and countries on the same border with Vietnam in particular, is getting higher and higher.
Thus, in order to overcome the above difficulties and problems, in my opinion, the Vietnamese Criminal Police need to solve some of the following issues:
First, to continue the implementation of the Politburo Directive No. 4 / CT-TW of October 22, 2010 "On strengthening party leadership in preventing and combating crime in a new situation", Secretariat Directive No. 09 / CT-TW dated December 1, 2011 " Strengthening Party Leadership in the National Movement to Protect National Security in a New Situation, ”Prime Minister Directive 1408 / CT-TTg on the Prevention and Control of Crime Against and Trafficking in Children. Police investigating public order crimes excel in advising party committees and authorities and working closely with grassroots organizations to implement measures to promote and disseminate the law to all so that people know and understand how the crime of trafficking in persons is committed.
Second, it is necessary to coordinate internal immigration forces and functional forces in the border provinces with the police and border guards of other countries to organize regular briefings to exchange information on the situation of trafficking in persons, to screen and rescue victims who have been tricked into selling, to arrest wanted criminals. for trade that are hiding abroad. We recommend setting up hotlines (telephone, e-mail) to collect information on trafficking criminals.
Third, strengthen basic professional work in key areas with a high risk of trafficking in persons:
– The main routes are identified as Hanoi, Ho Chi Minh City, Haiphong, Yen Bai, Nam Dinh, Phu Tho, Hau Ziang, Dong Thap and border provinces bordering China, Cambodia and Laos.
– The Northern Road Route includes a route leading to other provinces to the border province with China, such as Lang Son, Quang Ninh and Lao Cai; The Northern Road Route consists of provinces bordering Laos (via the Lao Bao and Cau Treo border gates); The southern road route is located in the border provinces with Cambodia.
– Air route including Noi Bai, Taishon Nhat international airports to other countries.
– The water route includes Quang Ninh, Haiphong to other countries.
At the same time, pay attention to the construction and use of secret networks, especially for foreign specialists, to serve the investigation and rescue of victims of human trafficking.
Fourth, to strengthen the decisive investigation, identification and strict examination of cases of trafficking in persons, the fight to destroy the transnational criminal line with foreign elements, the arrest and elimination of criminals. In the process of investigative actions, it is necessary to flexibly combine measures to investigate and expand the case, to collect relevant evidence and documents that serve as the basis for working with criminals. In addition, to concentrate forces for the full consideration of outstanding cases of trafficking in persons, the investigative body promptly fills in the files of the cases, then sends them to the People's Prosecutor's Office to initiate a criminal case and consider it in court.
Fifth, to strengthen international cooperation in combating trafficking in persons and crimes related to trafficking in persons. The police investigating crimes related to public disorder is the main public force that recommends the MOB Witenam to report to the government on the effective implementation of multilateral international treaties to prevent trafficking in persons, such as: Protocol to Prevent and Suppress Trafficking in Persons, Especially Women and Children, and punishment for it, which complements the United Nations Convention against Transnational Organized Crime; Optional Protocol on the sale of children, child prostitution and child pornography of culture, which supplements the Convention on the Rights of the Child. In addition, we are also strengthening the implementation of bilateral agreements with neighboring countries such as Thailand, People's Republic of China, Lao People's Democratic Republic, Cambodia, etc.
1. Lê Văn Thiệu, Trịnh Duy Thuyên (2019), Bình luận thuật ngữ luật hình sự phần tội phạm cụ thể, NXB Công an nhân dân. (Le Van Thieu, Trinh Duy Thuyen (2019), Criteria for a Special Part of Criminal Law, People's Public Security Publishing House).
2. Bộ Công an, Báo cáo hàng năm từ năm 2015 đến năm 2019 về tình hình tội phạm mua bán người (Ministry of Public Security, annual report from 2015 to 2019 on the situation of crimes related to human trafficking).
3. C02-Bộ Công an, báo cáo hàng năm từ 2015 đến năm 2019 (C02-Ministry of Public Security, annual report from 2015 to 2019).
