Preparation to Commit the Crime of Kidnapping for Asset Appropriation Will Not Be Subject to Criminal Liability

Kim Linh

08:01, 11/07/2024

Law amending the Criminal Code 2017 has introduced new regulations concerning preparation for committing a crime. Accordingly, the Law has narrowed the scope of certain offenses that will be subject to criminal liability when preparing to commit a crime.

Preparation for Crime

Preparation for crime is the act of seeking and arranging tools, means, or creating other conditions to commit a crime or to establish or join a criminal group. Except for cases of establishing or joining a criminal group as specified in the provisions of the 2015 Criminal Code, specifically in:

- Article 109: Crimes against activities aimed at overthrowing the people's government;- Point a, Clause 2, Article 113: Crimes of terrorism against the people's government;- Point a, Clause 2, Article 299: Crimes of terrorism.

Persons preparing to commit crimes as specified in any of the Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207, 299, 300, 301, 302, 303, and 324 of the 2015 Criminal Code will be held criminally responsible.

The 2017 Amendment of the Criminal Code has abolished the provision that persons aged 14 to under 16 who prepare to commit the Crimes of intentional injury or harm to the health of others, and the Crime of kidnapping for ransom, will not be held criminally responsible.

Therefore, persons aged 14 to under 16 will only be held criminally responsible for preparing to commit the Crimes of murder and robbery.

For details, see the 2017 Amendment of the Criminal Code, effective from January 1, 2018.

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