Do celebrities in Vietnam commit serious crimes, mitigating crimes?

In recent times, social networks are stirring up the case of an actor using illegal drugs. So the question is, are celebrities in Vietnam committing crimes aggravated or penal liability mitigated?

Do celebrities in Vietnam commit serious crimes, mitigating crimes?  (Illustration)

1. Do celebrities in Vietnam commit crimes that increase the severity of their crimes?

The aggravating circumstances of criminal liability are specified in Article 52 of the Criminal Code, including:

- Organized crime in Vietnam;

- Committing crimes in a professional manner;

- Abusing positions and powers in order to commit crimes;

- Committing crimes of a hooligan nature in Vietnam;

- Committing crimes with despicable motivation;

- Intentionally carrying out crimes to the end;

- Committing the crime more than once in Vietnam;

- Recidivism or dangerous recidivism;

- The crime is committed against a person under 16 years of age, pregnant woman, or a person aged 70 years or older;

- The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited, or a person who is financially, spiritually, professionally or otherwise dependent on the offender;

- Taking advantage of war circumstances, emergencies, natural disasters, epidemics or other special difficulties of society to commit crimes in Vietnam;

- The offender makes use of sophisticated, deceitful, or ruthless tricks to commit the crime;

- The offender uses tricks or instruments capable of harming many people to commit the crime;

- Inciting persons under 18 to commit crimes in Vietnam;

- The offender has deceitful or violent actions to conceal the crime.

In addition, in the Criminal Code, there is no provision for the celebrity of crimes as circumstances that increase the burden of criminal liability.

Thus, celebrities who commit crimes are not subject to increased penal liability.

2. Do celebrities commit crimes that mitigate crimes in Vietnam ?

The mitigating circumstances of criminal liability are specified in Article 51 of the Criminal Code, including:

- The offender has prevented or reduced the harm caused by the crime;

- The offender voluntarily makes rectification, pays damages, or relieves the consequences;

- Committing crimes in case of exceeding the limits of legitimate defense in Vietnam;

- Crimes are committed in cases where it is beyond the requirements of the urgent situation;

- Committing crimes in cases where the necessity of arresting offenders in Vietnam is exceeded ;

- The crime is committed under provocation caused by the victim's illegal acts;

- The crime is committed because of extreme hardship that is not on the offender's account;

- Committing crimes but not causing damage or causing significant damage in Vietnam;

- The offender commits a less serious crime and does not have prior criminal record;

- Committing crimes because they are threatened or coerced by other people in Vietnam;

- The offender commits the crime while because of lack of awareness that is not on his/her account;

- Offences committed due to backwardness;

- The offenders are pregnant women in Vietnam;

- The offender is 70 years of age or older;

- The offender has a serious physical disability or extremely serious physical disability;

- The offender has a disease that limits his/her awareness or control of his/her acts;

- The offender confessed himself /herself in Vietnam;

- Offenders make honest declarations and reports and show their repentance;

- The offenders actively cooperate with the responsible agencies in detecting crimes or in the process of settling the cases;

- Offenders who have made a public atonement in Vietnam;

- The offender is an excellent worker, soldier, or student;

- The offender is a person who has merits for the revolution or is a father, mother, wife, husband or child of a martyr.

- When issuing a decision on sentences, the Court might consider the offender's turning himself/herself in or other circumstances as mitigating factors and specify the reasons in the judgment.

In addition, in the Criminal Code , there is no provision for the celebrity of crimes as circumstances defining the framework for mitigating criminal liability.

Thus, celebrities in Vietnam who  commit crimes shall not be relieved of criminal liability.

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