07/10/2022 16:10

All cases of manslaughter without going to jail

All cases of manslaughter without going to jail

I wonder if there's any case of manslaughter that the person will not giong to jail? Thanh Thao "Ha Tinh"

Hello Mrs. Thao, for your request, LawNet would like to have the following comments:

According to the provisions of the Criminal Code 2015 of Vietnam, all the cases of manslaughter without going to jail includes:

1. A person under 14 years of age commits manslaughter

According to Article 12 of the Criminal Code 2015, a person under 14 years of age shall not bear criminal responsibility. Therefore, in case a person under 14 years of age commits manslaughter, he/she shall not bear criminal responsibility or go to jail.

2. 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.

According to Article 20 of the Criminal Code 2015.

3. 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.

According to Article 21 of the Criminal Code 2015.

4. 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.

According to Clause 1 Article 22 of the Criminal Code 2015.

5. 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.

According to Clause 1 Article 23 of the Criminal Code 2015.

6. 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.

According to Clause 1 Article 24 of the Criminal Code 2015.

7. 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.

According to Article 25 of the Criminal Code 2015.

8. 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 hereof.

“Article 421. Disruption of peace, provocation of war of aggression

  1. This offence is committed under pressure or order given by superior officers, the offender shall face a penalty of 10 - 20 years' imprisonment."

“Article 422. Crimes against humanity

  1. This offence is committed under pressure or order given by superior officers, the offender shall face a penalty of 10 - 20 years' imprisonment.”

“Article 423. War crimes

  1. This offence is committed under pressure or order given by superior officers, the offender shall face a penalty of 10 - 20 years' imprisonment.”

According to Article 26 of the Criminal Code 2015.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
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