22/07/2022 10:06

Discrimination of professional criminal circumstances, offenses committed 02 or more times, recidivism, dangerous recidivism in Vietnam

Discrimination of professional criminal circumstances, offenses committed 02 or more times, recidivism, dangerous recidivism in Vietnam

When deciding on the punishment, the Trial Panel of Vietnam will base on the criminal act and the will of a person when they commit the crime. In which, the aggravating circumstances of criminal liability are also a basis for deciding penalties. However, among the aggravating circumstances of criminal liability, there are also circumstances that are easily confused with each other, making it difficult to apply. For examples, criminal circumstances of a professional nature, committing the crime twice or more, recidivism, and dangerous recidivism.

 

Committing a crime of a professional nature

Committing the crime twice or more

Relapse

Dangerous recidivism

Legal basis

Point b, Clause 1, Article 52 of the 2015 Criminal Code, as amended and supplemented in 2017, is explained in detail in Section 5.1, Article 5 of Decree No. 01/2006/NQ-HDTP. Criminal circumstances with professional principality are also defined as aggravating circumstances in some other crimes in the crime section.

Point g, Clause 1, Article 52 of the 2015 Criminal Code, amended and supplemented in 2017. Committing the crime twice or more is specified as an aggravating circumstance in some other crimes in the crime section.

Point h, Clause 1, Article 52 of the Criminal Code 2015, as amended and supplemented in 2017, is detailed in Clause 1, Article 53. Recidivism is specified as an aggravating circumstance in a number of other crimes in the crime section.

Point h, Clause 1, Article 52 of the 2015 Criminal Code, as amended and supplemented in 2017, is detailed in Clause 2, Article 53. Dangerous recidivism is defined as an aggravating circumstance in some other crimes in the crime section.

Criminal

Committing the same crime.

Committing the same crime.

Trespassing is not the same crime.

Trespassing is not the same crime.

Mistake

Deliberate.

Intentionally, unintentionally.

Intentionally or committing an offense of a very serious crime, a particularly serious crime committed unintentionally.

Deliberate.

Motivation, purpose

The purposive motive is a mandatory condition in this situation. Offenders must make a living from committing crimes and take the results of committing crimes as their main source of livelihood.

Optional.

Optional.

Optional.

Frequency of crime

From 5 times or more

From 02 times or more

02 times.

Maybe 2 times or 3 times.

Searching for criminal liability

Regardless of whether the criminal prosecution has been filed or not if the statute of limitations for criminal prosecution has not expired or the criminal record has not been cleared. (It means that the offender has not been prosecuted for penal liability before, it is not mandatory).

Only prosecuted for criminal liability at the same trial.

Has been convicted, has not yet been expunged, but continues to commit crimes.

Has been convicted of a very serious, especially serious crime intentionally, has not yet had his criminal record cleared, but commits an offense of a very serious, especially serious crime intentionally.

 Or has receded, has not yet had his criminal record cleared, but commits an intentional crime.

In order to properly apply the criminal circumstances of a professional nature, committing the crime twice or more, recidivism, and dangerous recidivism against the offender, it is necessary not only to properly understand the contents of such circumstances but also to must have applied skills to be able to decide on an appropriate level of punishment commensurate with the nature and level of danger of the offense. Therefore, when applying the above circumstances, it is necessary to properly understand the content of each circumstance, and clearly distinguish the circumstances to avoid confusion when applying to decide the penalty.

Truong Sa
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