1. Concepts

The object of the crime is a social relationship that is protected by the criminal law and is infringed upon by the criminal. The object of the crime is one of the four elements constituting the crime and is understood as the object of the crime.

2. Object classification

Vietnamese criminal law science distinguishes three types of objects of crime: general objects of crime, objects of crime and direct objects of crimes.

– The common object of crime is the system of social and social relations protected by criminal law and infringed by criminals. According to Vietnam’s Criminal Law, the common objects of crimes are social relations defined in Clause 1, Article 8 of the Penal Code 2015 (amended and supplemented 2017). In addition to the law defining the common object of the crime, it is also possible to see the duties of the Penal Code and its class nature through measurement.

– The category of crime is a group of social relations of the same nature that is protected by the criminal law group and violated by the criminal group. The crimes specified in the same chapter of crimes (with the same audience) always infringe on their category guests. However, each crime in a chapter must always infringe upon the same direct object. That means each crime has its own direct audience.

– The direct object of the crime is a specific social relationship that is protected by a specific criminal law and is infringed by a specific crime. Through causing damage or threatening to cause damage (infringement) to the direct object, the crime has caused harm to the general object and the category of the crime.

3. Objects that have been altered by crime

Social relations established by the State in order to exist and develop require a guarantee of the unaffected status of parts of social relations. Those parts, depending on the types of social relations, can be the subject, the content or the object of the social relationship. Crime that causes damage to social relations as the object of the crime is only possible by affecting the affected object. Here are some specific types of impact audiences:

People can be the subject of crime. Man, in the sense of being both a natural entity and a social entity, is the subject of many different social relations. In those social relations there is a social relationship that can only be damaged when there is a change in the normal condition of the person. Personal relationships are social relationships of this type. Crimes of infringing upon life and health are a group of crimes whose subjects are human beings. The offense of this group of crimes can be the act of taking life, the act of harming the health of others. Thus, the crime of altering the human condition can also target different social relations. The same act (intentionally) taking another person’s life but that act violates national security and constitutes a crime in this group of crimes is terrorism.

Material objects with the meaning of being the object of social relations can be the object of the crime’s impact. Among the relationships protected by criminal law, there is a social relationship that is damaged by the crime by illegally affecting a material object (and possibly altering the normal state of the material object). , such as ownership relations,… Acts of unlawfully affecting or altering or altering the normal condition of property are acts that cause damage to the owner such as appropriation, the act of occupying, the act of using, the act of destroying or damaging… Property, in addition to being an object of ownership, can also be an object of other social relations. Therefore, acts that change the status of property in certain cases may also infringe on other social relations and constitute a crime that does not fall under the chapter of crimes against property which constitutes the crime of forest destruction Article 189 Penal Code in the chapter on environmental crimes. It is also trespassing on property but is shown in a different chapter than the chapter on crimes related to property rights.

Normal activities of the subject that is the subject of the crime. Criminal law protects social relations not only by ensuring normality for people as the subject of social relations and for material objects as the objects of social relations, but also in other types of social relations. a certain society, but also through ensuring the normal activities of the subject with the meaning of the content of social relations. In these cases, the normal activity of the subject is considered the subject of the crime. The change in the state of the affected object here is the obstruction of the normal operation of another subject or in the form of self-distorting its own behavior.

For example: The act of giving bribes (Article 364 of the Penal Code 2015) is an act aimed at distorting the behavior of people with positions and powers; The act of evading military service (Article 332 of the Penal Code 2015) is an act of distorting one’s own history…

A social relationship that is considered the object of a crime is a social relationship that causes damage to that social relationship, based on all aspects such as the importance of the social relationship, the degree of causing damage, the subjective purpose of the offender… fully demonstrates the dangerous nature of the act.

Above is the advice of Khoa Tin about “Objects of crime”.

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