25/11/2022 08:40

Vietnam: To distinguish between committing multiple crimes and committing a crime multiple times under the Criminal Code

Vietnam: To distinguish between committing multiple crimes and committing a crime multiple times under the Criminal Code

I want to know how to distinguish between committing multiple crimes and committing crimes of 02 or more times? "Ha Quang-Hung Yen, Vietnam"

Hello, Lawnet would like to answer your questions as follows:

Here are some criteria that distinguish these two circumstances:

Criteria

Multiple crimes

Recidivism (2 times or more)

Definition

Committing multiple crimes is the act of commiting many crime, each of which constitutes an independent crime or the commission of only one act and that act constitutes many different crimes.

Committing a crime more than once is the performance of many criminal acts, all of which constitute the same type of crime, and no act has been prosecuted for penal liability, and the statute of limitations for criminal prosecution has not yet expired.

Infringing object

Affecting many different objects.

Affecting the same object.

Time committing the crime

Can be committed at the same time or at different times.

Is committed at the same time.

Decision on sentence

Conduct a review and decide on the crime and punishment for each specific act, then combine the punishment of the sentence

(According to Articles 55, 56 of Vietnam's Criminal Code 2015)

The trial will be conducted for only one crime, but the penalty will be considered in the aggravating circumstances of the criminal liability or the circumstances determining the penalty frame.

(According to Point g, Clause 1 Article 52 of Vietnam's Criminal Code 2015) 

 

Nhu Y
92


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