07 cases of exemption from criminal responsibility in Vietnam

Hello, Lawnet would like to answer as follows:

1. How many cases of exemption from criminal responsibility are there under the law in Vietnam?

According to Chapter IV of the Penal Code 2015, cases of exemption from criminal responsibility include:

(1) Unexpected events

(2) Lack of criminal capacity

(3) Justifiable force

(4) Urgent circumstances

(5) Infliction of bodily harm while capturing criminals

(6) Risks from researches, experiments, application of technological advances

(7) Following orders of commanders or superiors

Thus, according to the provisions of the Penal Code 2015, there are 07 cases of exemption from criminal responsibility in Vietnam

2. What are the specific provisions for each case of exemption from criminal responsibility in Vietnam?

Pursuant to Articles 20, 21, 22, 23, 24, 25 and Article 26 of the Penal Code 2015, specific provisions for each case of exemption from criminal responsibility in Vietnam are as follows:

(1) Unexpected events

- The person who commits an act that results in harmful consequences is exempt from criminal responsibility if such consequences cannot be foreseen or have to be foreseen.

(2) Lack of criminal capacity

- A person who commits an act that is dangerous to society is suffering from a mental disease or another disease that causes him/her to lose his/her awareness or control of his/her behaviors is exempt from criminal responsibility.

(3) Justifiable force

- Justifiable force in self-defense means the a person's use of force which is reasonably necessary to defend against another person's infringement upon his/her legitimate rights or interests of himself/herself, other people, the State, organizations.

The use of justifiable force does not constitute a criminal offence.

- Unjustified force in self-defense means the use of force which is more than reasonably necessary and not appropriate for the nature and danger to society posed by the infringement.

The person who uses unjustified force in self-defense shall take criminal responsibility as prescribed by the Penal Code 2015.

(4) Urgent circumstances

- An urgent circumstance is a circumstance in which there is no other way but an amount of damage has to be inflicted in order to prevent a greater damage to lawful rights and interests of oneself, another person, the State or an organization.

The act of inflicting damage in an urgent circumstance does not constitute a criminal offense.

-  If the damage inflicted is reasonably unnecessary in the urgent circumstance, the person who inflicts such damage shall bear criminal responsibility.

(5) Infliction of bodily harm while capturing criminals

-  If violence and infliction of bodily harm to a criminal is the only way to capture him/her, the use of violence in this case does not constitute a criminal offence.

-  If the bodily harm inflicted by the use of violence is obviously more than necessary, the person who inflicts such damage shall bear criminal responsibility.

(6) Risks from researches, experiments, application of technological advances

- The infliction of damage during the conduction of a research, experiment or application of technological advances does not constitute a criminal offence provided the procedures and regulations are complied with and all preventive measures are taken.

- The person who fails to comply with the procedures, regulations or take all preventive measures and causes damage shall bear criminal responsibility.

(7) Following orders of commanders or superiors

- A person who inflicts damage while following an order of his/her commander or superior in the army to perform national defense and security duties is exempt from criminal responsibility if he/she complies with procedures for reporting to the order giver but the order giver still request that the order be followed. In this case, the order giver shall bear criminal responsibility.

This provision does not apply to the cases specified in Clause 2 Article 421, Clause 2 Article 422 and Clause 2 Article 423 of the Penal Code 2015.

Note: This regulation does not apply to the cases specified in Clause 2 of Article 421, Clause 2 of Article 422 and Clause 2 of Article 423 of the Penal Code 2015.

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