Vietnam: What is the definition of complicity? Shall accomplices aged under 18 be exempt from criminal liability?
What is the definition of complicity? Who are accomplices in Vietnam?
Pursuant to Article 17 of the 2015 Criminal Code, there are provisions on complicity in Vietnam as follows:
Complicity
1. Complicity is a situation in which two or more people deliberately commit the same crime.
2. Organized crime is a form of complicity in which the accomplices cooperate closely in committing the crime.
3. An accomplice means an organizer, perpetrator, instigator or abettor.
Perpetrator means the person who directly commits the crime.
Organizer means the mastermind behind the commission of the crime.
Instigator means the person entice or encourage other people to commit the crime.
Helper means the person who provides spiritual or material assistance in the commission of the crime.
4. The accomplice shall not take criminal liability for unjustified force used by the perpetrator.
Thus, according to the above-mentioned provisions, complicity is a situation in which two or more people deliberately commit the same crime.
Accomplices include:
- Organizer,
- Perpetrator,
- Instigator or
- Abettor
Accordingly, the decision on on sentence for complicacy is specified in Article 58 of the 2015 Criminal Code as follows:
Decision on sentence for complicacy
When imposing sentences upon accomplices, the Court must consider the nature of complicacy and the degree of participation of each accomplice.
Mitigating factors, aggravating factors or from criminal liability of an accomplice shall only apply to that accomplice.
Thus, depending on the nature and seriousness of the violation, the accomplice will face different penalties.
Shall accomplices aged under 18 in Vietnam be exempt from criminal liability?
Pursuant to the provisions of Article 91 of the 2015 Criminal Code amended by Clause 14 Article 1 of the 2017 Law on amendments to Criminal Code, the rules for taking actions against juvenile offenders are as follows:
Rules for taking actions against juvenile offenders
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2. A juvenile offender who commits a criminal offence in any of the following circumstances and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal liability and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereof:
a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 hereof;
b) A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;
c) The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.
Thus, according to the above-quoted provisions, accomplices aged under 18 in Vietnam who have more than one mitigating factors and voluntarily repair most part of the damage caused, if not falling into the cases specified in Article 29 of the 2015 Criminal Code, may be exempt from criminal liability in case of an insignificant role in the case.
What is the measure to supervise and educate accomplices aged under 18 in Vietnam who are exempt from criminal liability?
Pursuant to the provisions of Article 93 of the 2015 Criminal Code amended by Clause 15 Article 1 of the 2017 Law on amendments to Criminal Code as follows:
Reprimand
1. A reprimand shall be issued against a juvenile offender in any the following circumstances in order to help him/her be aware of his/her criminal act, it consequences for the community, society, and his/her obligations:
a) An person aged from 16 to under 18 commits a less serious crime for the first time in the circumstance specified in Point a Clause 2 Article 91 hereof;
b) A person aged under 18 is an accomplice who has an insignificant role in the commission of the crime.
2. The investigating authority, the procuracy or the court shall decide the issuance of reprimand. The issuance of a reprimand against a juvenile offender must be witnessed by his/her parent or legal representative.
3. The reprimanded person has the obligations to:
a) Comply with the law, rules of his/her community, school and workplace;
b) Report for duty at the request of a competent authority;
c) Participate in educational programs and vocational training programs held by the local government; do appropriate jobs.
4. The competent authority shall decide the time limit for fulfilling the obligations specified in Point b and Point c Clause 3 of this Article on a case-by-case basis, which is from 03 months to 01 year.
Thus, according to the above-mentioned provisions, in case accomplices aged under 18 in Vietnam are exempt from criminal liability, reprimand will be applied.
Accordingly, this measure is to help accomplices be aware of their criminal act, it consequences for the community, society, and their obligations.
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