Vietnam: Distinguish between concealment of crimes and failure to report a crime? What are the penalties for these two acts?
What is concealment of crimes and failure to report a crime in Vietnam?
Concealment of crimes is prescribed under Article 18 of the 2015 Criminal Code of Vietnam as follows:
Concealment of crimes in Vietnam
1. Any person who, without prior promises and after knowing that a crime has been committed, harbors the criminal, conceals the traces or exhibits of the crime or commits other acts that obstruct the discovery, investigation and taking of actions against the criminal shall bear criminal responsibility for concealment of crimes in the cases defined by this document.
2. A person who conceals the crime shall not bear criminal responsibility as specified in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for concealment of crimes against national security or other extremely serious crimes specified in Article 389 hereof.
According to the above provisions, in case a person does not make a promise to the offender in advance, but after learning about the offender's criminal behavior, this person has not reported it to the police agency or procuracy but instead committing acts of concealing offenders, traces and exhibits of crime or obstructing the detection, investigation and handling of offenders is considered an act of concealing a crime.
In Article 19 of the 2015 Criminal Code of Vietnam, as amended by Clause 5, Article 1 of the 2017 Law on Amendments to the Criminal Code of Vietnam stipulating as follows:
Misprision
1. Any person who knows that a crime is being prepared, being carried out, or has been carried out but fails to report it shall bear criminal responsibility for misprision as prescribed in Article 390 hereof.
2. A person who fails to report the crime shall not bear criminal responsibility as prescribed in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.
3. If defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility as prescribed in Clause 1 of this Article, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.
Thus, the act of failing to report the crime is the fact that a person who knows that a crime is being prepared, being carried out, or has been carried out but fails to report.
The difference between concealing a crime and not reporting a crime is whether an individual knows the crime is committed or not.
In case it is not known that the criminal act was committed, but after another person has committed the crime, this person conceals elements related to the crime, it is considered to have concealed the crime.
In case it is known that a criminal act will be committed or has been or is being carried out but fails to denounce it, it is an act of not denouncing the crime.
Vietnam: Distinguish between concealment of crimes and failure to report a crime? What are the penalties for these two acts?
How will the act of failure to report a crime in Vietnam be handled?
Pursuant to Article 390 of the 2015 Criminal Code of Vietnam a number of provisions are amended by Clause 138, Article 1 of the 2017 Law on Amendments to the Criminal Code of Vietnam as follows:
Misprision
1. Any person who knows about the preparation of any of the crimes specified in Clause 2 or Clause 3 of Article 14 hereof or commission of any of the crimes specified in Article 389 hereof but fails to report it, except in the circumstances specified in Clause 2 and Clause 3 Article 19 hereof, shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. The person who fails to report the crime but does try to stop the criminal or reduce the consequences of the crime might be exempt from criminal responsibility or punishment.
Thus, the case of failure to denounce the crime for the acts of preparation to commit a crime under Clause 2, Article 14 of the 2015 Criminal Code of Vietnam, Clause 3, Article 14 of the 2015 Criminal Code of Vietnam or the criminal act being carried out, has been committed. According to Article 389 of the 2015 Criminal Code of Vietnam, they will be examined for penal liability from 6 months to 3 years in prison.
How many years is the prison sentence for concealment of crime in Vietnam?
Pursuant to Article 389 of the 2015 Criminal Code of Vietnam, a number of provisions are amended by Clause 137, Article 1 of the 2017 Law on Amendments to the Criminal Code of Vietnam as follows:
Concealment of crimes in Vietnam
1. Any person who, without prior promises, conceals any of the following crimes, except in the circumstances specified in Clause 2 Article 18 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:
a) Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120 and 121;
b) Article 123, Clauses 2, 3 and 4 of Article 141, Article 142, Article 144, Clause 2 and Clause 3 of Article 146, Clauses 1, 2 and 3 of Article 150, Articles 151, 152, 153 and 154;
c) Article 168, Article 169, Clauses 2, 3 and 4 of Article 173, Clauses 2, 3 and 4 of Article 174, Clauses 2, 3 and 4 of Article 175, Clauses 2, 3 and 4 of Article 178;
d) Clause 3 and Clause 4 of Article 188, Clause 3 of Article 189, Clause 2 and Clause 3 of Article 190, Clause 2 and Clause 3 of Article 191, Clause 2 and Clause 3 of Article 192, Clauses 1, 2, 3 and 4 of Article 193, Clauses 1, 2, 3 and 4 of Article 194, Clause 2, 3 and 4 of Article 195, Clause 2 and Clause 3 of Article 196, Clause 3 of Article 205, Clauses 2, 3 and 4 of Article 206, Article 207, Article 208, Clause 2 and Clause 3 of Article 219, Clause 2 and Clause 3 of Article 220, Clause 2 and Clause 3 of Article 221, Clause 2 and Clause 3 of Article 222, Clause 2 and Clause 3 of Article 223, Clause 2 and Clause 3 of Article 224;
dd) Clause 2 and Clause 3 of Article 243;
e) Articles 248, 249, 250, 251, 252 and 253, Clause 2 of Article 254, Articles 255, 256, 257 and 258, Clause 2 of Article 259;
g) Clauses 2, 3 and 4 of Article 265, Articles 282, 299, 301, 302, 303 and 304, Clauses 2, 3 and 4 of Article 305, Clauses 2, 3 and 4 of Article 309, Clauses 2, 3 and 4 of Article 311, Clause 2 and Clause 3 of Article 329;
h) Clauses 2, 3 and 4 of Article 353, Clauses 2, 3 and 4 of Article 354, Clauses 2, 3 and 4 of Article 355, Clause 2 and Clause 3 of Article 356, Clauses 2, 3 and 4 of Article 357, Clauses 2, 3 and 4 of Article 358, Clauses 2, 3 and 4 of Article 359, Clauses 2, 3 and 4 of Article 364, Clauses 2, 3 and 4 of Article 365;
i) Clause 3 and Clause 4 of Article 373, Clause 3 and Clause 4 of Article 374, Clause 2 of Article 386;
k) Articles 421, 422, 423, 424 and 425.
2. If the offence involves the offender's abuse of power or other acts of protecting the criminal, the offender shall face a penalty of 02 - 07 years' imprisonment.
Thus, the criminal basis that a person commits the act of concealing a crime is to determine the degree of criminal prosecution according to the above provisions. The person who commits the act of concealing the crime will be prosecuted for criminal responsibility at the minimum from 6 months to 5 years in prison.
If the offence involves the offender's abuse of power or other acts of protecting the criminal, the offender shall face a penalty of 02 - 07 years' imprisonment.
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