What is an extremely serious crime? What is the time limit for criminal prosecution of extremely serious crimes in Vietnam?
What is an extremely serious crime in Vietnam?
Pursuant to Point d, Clause 1, Article 9 of the Criminal Code 2015 (amended by Clause 2, Article 1 of the Law on amendments to the Criminal Code 2017), the provisions on crime classification are as follows:
Classification of crimes
1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:
a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;
b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;
c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;
d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.
2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof
Accordingly, extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by Criminal Code 2015 is from over 15 years' to 20 years' imprisonment, life imprisonment, or death
What is an extremely serious crime? What is the time limit for criminal prosecution of extremely serious crimes in Vietnam? (Image from the Internet)
Vietnam: Is it possible for a person convicted of an extremely serious crime to have the sentence deferred?
According to Point c, Clause 1, Article 67 of the Criminal Code 2015, it is stipulated as follows:
Deferred imprisonment sentence
1. A person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:
a) A convict suffering from a serious disease may have the sentence deferred until he/she recovers;
b) A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;
c) If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;
b) A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties.
2. During the deferment, if the convict commits a new crime, the Court shall require him/her to serve a sentence which is a combination of the deferred sentence and the new sentence as prescribed in Article 56 hereof.
Thus, a person convicted of an extremely serious crime might have the sentence deferred in cases of serious disease, pregnancy or raising a child under 36 months old.
Accordingly, in cases of serious illness, it may have the sentence deferred until he/she recovers. For women who are pregnant or raising a child under 36 months old, it can be deferred until the child reaches the age of 36 months.
What is the time limit for criminal prosecution of extremely serious crimes in Vietnam?
Pursuant to Point d, Clause 2, Article 27 of the Criminal Code 2015, the time limit for criminal prosecution is as follows:
Time limit for criminal prosecution
1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.
2. Time limits for criminal prosecution:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 20 years for very serious crimes;
d) 20 years for extremely serious crimes.
3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
Based on the regulations, the time limit for criminal prosecution is prescribed as follows:
- 05 years for less serious crimes;
- 10 years for serious crimes;
- 20 years for very serious crimes;
- 20 years for extremely serious crimes.
Thus, the time limit for criminal prosecution of extremely serious crimes is 20 years.
The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out as above, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
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