Regulations on the violations of rape of a person under 16 under the Criminal Code in Vietnam

Hi, Lawnet would like to answer your question as follows:

1. Penalty frame for rape of a person under 16 according to the provisions of the Criminal Code

According to the provisions of Article 142 of the Criminal Code 2015 as amended by Clause 24, Article 1 of the Law amending the Criminal Code 2017, the crime of raping a person under the age of 16 may face the following penalty frame:

- Basic frame: A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:

+ Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under 16.

+ Engaging in sexual intercourse or other sexual activities with a person under 13.

- 2nd Frame: this offence committed in any of the following circumstances carries a penalty of 12 – 20 years' imprisonment:

+ The offence is of an incestuous nature;

+ The offence results in the victim's pregnancy;

+ The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;

+ The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

+ The offence has been committed more than once;

+ The offence is committed against more than one person;

+ Dangerous recidivism.

- 3rd Frame: this offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

+ The offence is committed by an organized group;

+ The offence is committed by more than one person against one person;

+ The offence is committed against a person under 10;

+ The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

+ The offender commits the offence in the knowledge of his HIV infection;

+ The offence results in the death or suicide of the victim.

- Additional penalties: The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

2. Principles of handling juvenile offenders

According to the provisions of Article 91 of the 2015 Criminal Code as amended by Clause 14, Article 1 of the Law on Amendments to the Criminal Code 2017, the principles of handling for offenders under 18 years of age are as follows:

"Article 91. Rules for taking actions against juvenile offenders

...

5. Life imprisonment and death sentence shall not be imposed upon a juvenile offender.

6. The court shall only impose imprisonment upon a juvenile offender if it is considered that other punishments and educational measures do not have sufficient deterrent effects.

Where imprisonment is necessary, it shall be as short as is reasonable and more lenient that than applied to a person aged 18 and above (hereinafter referred to as adult offender) who commits a similar crime.

Additional punishments shall not be shall not be imposed upon a juvenile offender.

7. A sentence imposed upon an offender aged under 16 shall not be used as the basis for determination of recidivism or dangerous recidivism.

At the same time, Article 101 of the 2015 Criminal Code clearly stipulates the level of imprisonment that can be applied to minors as follows:

"Article 101. Determinate imprisonment

The level of imprisonment with a definite term applicable to persons under 18 years of age committing crimes is prescribed as follows:

If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed 18 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed three quarters of the duration prescribed by law;

If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 14 to under 16 shall not exceed 12 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed one half of the duration prescribed by law."

3. Some Judgments on rape of a person under 16 carried out by a person under the age of 18

Here are some convictions for rape of a person under 16, please refer to:

- Sentence for rape of a person under 16 years old No. 446/2021/HSPT

- Judgment 21/2019/HS-ST dated September 6, 2019 for raping a person under 16 years old

- Judgment for rape of a person under 16 years old No. 21/2021/HSST

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