Principles for handling offenders who sexually abuse people under 18 years old

Hello, Lawnet would like to answer as follows:

1. Principles for handling offenders who sexually abuse people under 18 years old in Vietnam

According to the provisions of Article 6 of Resolution 06/2019/NQ-HDTP on Principles of prosecution against sexual offenders whose victim is under 18 as follows:

- Comply with basic principles of the criminal law and law on criminal procedures

- Impose strict penalties for violations against social norms and morals; abuse of position and power; abuse of profession; and exploitation and abuse of persons under 13.

- Impose additional penalties of the highest level according to the Criminal Code and other relevant lawsoft. If necessary, prohibit the assumption of positions or jobs relating to persons under 16.

2. Penalty determination circumstances for sexual offenders whose victim is under 18 in Vietnam

According to the provisions of Article 4 of Resolution 06/2019/NQ-HDTP on penalty determination circumstances:

- The offence is “of an incestuous nature” in Point e Clause 2 Article 141, Point a Clause 2 Article 142, Point d Clause 2 Article 143 and Point a Clause 2 Article 144 of the Criminal Code means the offence is committed against:

+ A person related to the offender by consanguinity, blood sibling or half-sibling; or

+ The offender’s aunt, uncle, niece or nephew; or

+ The offender’s adopted child or adoptive parent; or

+ The offender’s step-child or step-parent; or

+ The offender’s daughter-in-law, son-in-law or parent-in-law.

- The offence is “committed more than once” in Point c Clause 2 Article 141, Point dd Clause 2 Article 142, Point b Clause 2 Article 143, Point d Clause 2 Article 144, Point a Clause 2 Article 145, Point b Clause 2 Article 146 and Point b Clause 2 Article 147 of the Criminal Code means the offender has committed the offence more than once but has yet to face a criminal prosecution and the prescriptive period for criminal prosecution remains effective.

- The rape is “committed by more than one person against one person” in Point c Clause 2 Article 141 and Point b Clause 3 Article 142 of the Criminal Code means the case where 02 or more people rape 01 person, including the case where 02 or more people discuss and reach an agreement on taking turns to rape 01 person but, due to reasons not intended by the offenders, only 01 person successfully commits the rape.

The rape is not “committed by more than one person against one person” if 02 or more people jointly aid and abet 01 person to commit it. This case is considered as complicity.

- The sexual abuse is “committed by more than one person against one person” in Point a Clause 2 Article 143 and Point a Clause 3 Article 144 of the Criminal Code means the case where 02 or more people sexually abuse 01 person, including the case where 02 or more people discuss and reach an agreement on taking turns to sexually abuse 01 person but, due to reasons not intended by the offenders, only 01 person successfully commits the sexual abuse.

The sexual abuse is not “committed by more than one person against one person” if 02 or more people jointly aid and abet 01 person to commit it. This case is considered as complicity.

Thus, Resolution 06/2019/NQ-HDTP demonstrates the determination of the law in protecting children and adolescents from sexual abuse. Clearly specifying the penalty determination circumstances and guiding uniform application nationwide will help judicial agencies handle crimes strictly and not let criminals go unnoticed.

3. Cases of exemption from criminal prosecution in Vietnam

According to Article 5 of Resolution 06/2019/NQ-HDTP: 

- The following cases are exempted from criminal prosecution according to regulations of Article 146 of the Criminal Code:

+ A caretaker of a person under 10, a patient or a disabled person touches their reproductive organ or private part without sexual intention (e.g. a parent bathing or cleaning a child under 10; a preschool teacher bathing or cleaning a preschool student; etc.);

+ A health professional; or a person providing emergency aid or first aid to an injured person touches a reproductive organ, a private part or one of the other body parts of a person under 16 without sexual intention (e.g. a doctor examining or treating a patient; emergency aid or first aid provided to an injured person, a drowning victim, etc.).

- Criminal prosecution as prescribed in Article 147 of the Criminal Code is exempted for the cases where an educator or a health professional describes a human reproductive organ or private part for the purposes of education and medical examination, treatment and care.

Thus, there will be no criminal prosecution if the person who commits the act is the person who directly takes care of the victim or performs medical examination, treatment, emergency care, and first aid that is not of an incestuous nature.

Best regards!

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