Are persons full 14 to under 16 years old exempt from criminal responsibility in Vietnam? Can accomplices who are under 18 be exempt from criminal responsibility in Vietnam?

Are persons full 14 to under 16 years old exempt from criminal responsibility in Vietnam?

As far as I know, people from full 14 years old to under 16 years old will be criminally prosecuted for some crimes. However, there are still cases where this subject is exempt from criminal responsibility. So please ask if a person aged full 14 to under 16 is exempt from criminal responsibility? Sincere thanks!

Thanh Tam - tam********@gmail.com

Reply:

According to the provisions of Clause 2, Article 91 of the Penal Code 2015 as amended by Clause 14, Article 1 of the Law amending the Penal Code 2017, then:

Persons aged from 14 to under 16 commit very serious crime for the following crimes with many mitigating circumstances and voluntarily overcome most of the consequences shall be exempt from penal liability:

Article 143. Sexual abuse

Article 169. Kidnapping for ransom

Article 170. Extortion

Article 173. Theft

Article 178. Deliberate destruction of property

Article 265. Organizing illegal street races

Article 266. Illegal street racing

Article 286. Spreading software programs harmful for computer networks, telecommunications networks, or electronic devices

Article 287. Obstruction or disturbance of computer networks, telecommunications networks, or electronic devices

Article 289. Illegal infiltration into the computer network, telecommunications network, or electronic device of another person

Article 290. Appropriation of property using a computer network, telecommunications network, or electronic device

Article 303. Destruction of work, facility, equipment important for national security

Article 304. Illegal manufacture, storage, transport, use, or appropriation of military weapons or devices

Thus, persons from full 14 years old to under 16 years old who have many extenuating circumstances, voluntarily overcome most of the consequences and fall into the above cases, are exempt from criminal responsibility in Vietnam.

Can accomplices who are under 18 be exempt from criminal responsibility in Vietnam?

As far as I know, in a criminal case, if there is an accomplice, the accomplice will also be prosecuted for criminal responsibility. So please ask if accomplices who are under 18 are exempt from criminal responsibility? Looking forward to hearing from you soon. Sincere thanks!

Hoang Tung - tung******@gmail.com

Reply:

According to the provisions of Clause 2, Article 91 of the Penal Code 2015 as amended by Clause 14, Article 1 of the Law amending the Penal Code 2017, then:

2. A juvenile offender who commits a criminal offence in any of the following circumstances and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereof:

a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 hereof;

b) A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;

c) The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.

According to the provisions of Clause 3, Article 17 of the Penal Code 2015, an accomplice means an organizer, perpetrator, instigator or abettor.

Perpetrator means the person who directly commits the crime.

Organizer means the mastermind behind the commission of the crime.

Instigator means the person entice or encourage other people to commit the crime.

Helper means the person who provides spiritual or material assistance in the commission of the crime.

Thus, according to the law in Vietnam, a person under the age of 18 who is an accomplice who plays an insignificant role in the case but has many mitigating circumstances, voluntarily overcomes most of the consequences, is exempt from criminal responsibility. Only in the case of being an accomplice with an insignificant role in the case, the person under the age of 18 is exempt from criminal responsibility. As for the case of being an ordinary accomplice, the person under the age of 18 is not exempt from criminal responsibility. Determining the role of an accomplice under the age of 18 depends on the investigation of the case.

Can victim's family apply for exemption from criminal responsibility of the crime of molestation in Vietnam? 

Hello, recently, public opinion is heating up with the case of Mr. Linh having molestation behavior of an 8-year-old girl in the elevator. Could you please let me know if the family of a small child makes a petition to dismiss the complaint, will this man be exempt from criminal responsibility? Please advise.

Reply:

According to the provisions of Article 146 of the 2015 Penal Code, Clause 2, Article 2 of the Law amending the Penal Code 2017 is as follows:

Article 146. Molestation of a person under 16

1. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) Organized crime;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

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

dd) The victim suffers from 31% - 60% mental and behavioral disability because of the offence;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The victim suffers from ≥ 61% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

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

Article 155 of the 2015 Criminal Procedure Code provides:

Article 155. Filing of criminal charges as per the crime victim’s petitions

1. Only criminal charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

According to the above provisions in Vietnam, the crime of molestation specified in Article 146 of the Penal Code is not in the case of prosecution at the request of the victim. Therefore, in this case, if the victim's family makes a petition to dismiss or prosecute Mr. Linh, it will not be considered and accepted by the Court to exempt this person from responsibility.

Best regards!