Hi Lawnet, I have the following questions. What is considered a crime according to the latest regulations in Vietnam? How do the Law in Vietnam classify crimes? – Thu Hien (Dong Nai)
Article table of contents
What is a crime? Crime classification according to the latest regulations in Vietnam (Source: internet)
1. What is a crime?
The concept of crime is defined in Article 8 of the Criminal Code 2015 as follows:
A crime means an act that is dangerous for society and defined in Criminal Code, is committed by a person who has criminal capacity of corporate legal entity, whether deliberately or involuntarily, infringes the sovereignty and territorial integrity of the nation, infringes the political regime, economic regime, culture, national defense and security, social order and safety, the lawful rights and interests of organizations, human rights, the lawful rights and interests of citizens, other aspects of socialist law and leads to criminal prosecution as prescribed in Vietnam's Criminal Code.
In which:
- Cases of deliberate crimes:
+ The offender is aware of the danger to society of his/her act, foresees consequences of such act and wants such consequences to occur;
+ The offender is aware of the danger to society of his/her act, foresees consequences of such act, does not want such consequences to occur but deliberately lets them occur.
- Cases of involuntary crimes:
+ The offender is aware of the danger to society of his/her act but believes that consequences would not occur or could be prevented;
+ The offender is not aware of the danger to society of his/her act though the consequences have to be foreseen and could be foreseen.
2. Classification of crimes according to the latest regulations
* Classification of crimes committed by individuals:
Crimes defined in Vietnam's Criminal Code 2015, amended 2017are classified into 04 categories according to their nature and danger to society:
- Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;
- Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;
- Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;
- Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.
* Classification of crimes committed by corporate legal entity:
Crimes committed by corporate legal entity are classified based on the nature and degree of danger to society of the criminal acts according to the corresponding regulations and provisions for crimes in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 200, 203, 209, 210, 211, 213, 216, 217, 225, 226, 227, 232, 234, 235, 237, 238, 239, 242, 243, 244, 245, 246, 300 and 324 Criminal Code.
(Article 9 of Vietnam's Criminal Code 2015, amended 2017)
Diem My
