Can 17-year-old persons who involuntarily inflict to another person face a community sentence in Vietnam?

Can 17-year-old persons who involuntarily inflict to another person face a community sentence in Vietnam?

In Article 100 of the Penal Code 2015 as amended by Clause 18, Article 1 of the Penal Code Amendment Law 2017, community sentence is as follows:

1. Community sentence shall be imposed upon an offender aged from 16 to under 18 who involuntarily commits a very serious crime or commits a less serious crime or a serious crime, or an offender aged from 14 to under 16 who deliberately commits a very serious crime.

2. When community sentence is imposed upon a juvenile offender, his/her income must not be deducted.

The duration of community sentence imposed upon a juvenile offender shall not exceed one third of the duration specified by the law.

In Article 138 of the Penal Code 2015 as amended and supplemented by Point g Clause 1 and Point d Clause 2 Article 2 of the Law amending the Penal Code 2017 provides for involuntary infliction of bodily harm upon others as follows:

1. Any person who involuntarily inflicts 31% - 60% WPI to another person shall receive a warning, be liable to a fine of VND 5,000,000 - VND 20,000,000 or face a penalty of up to 01 year’s community sentence.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:

a) The offence results in bodily harm of 02 or more people, each of whom suffers from 31% - 60% WPI;

b) The offence causes ≥ 61% WPI for the victim.

3. If this offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% WPI, the offender shall face a penalty of 02 – 03 years’ community sentence or 01 - 03 years' imprisonment.

In Clause 1, Article 9 of the 2015 Penal Code, as amended by Clause 2, Article 1 of the Penal Code Amendment Law 2017, the classification of crimes is as follows:

1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:

a) 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;

b) 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;

c) 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;

d) 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.

Thus, according to the provisions of the law above in Vietnam, your child's involuntary infliction of bodily harm is a less serious crime, so your child can face community sentence in accordance with the provisions on penalties against persons under the age of 18 committing crimes.

What is penalties of imprisonment for 17-year-old persons in Vietnam?

Article 101 of the 2015 Penal Code provides for determinate imprisonment as follows:

1. 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;

2. 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.

According to this Article, in case your child is not faced community sentence but is sentenced to prison for a definite term, your child will be subject to a imprisonment term according to the above provisions in Vietnam.

What are rules for taking actions against juvenile offenders in Vietnam?

In Article 91 of the 2015 Penal Code, as amended by Clause 14, Article 1 of the Penal Code Amendment Law 2017, rules for taking actions against juvenile offenders are as follows:

1. Actions against juvenile offenders must be taken in their best interests and for the purpose of education, helping them to rectify their wrongdoing, develop healthily and become a helpful citizen.

Actions taken against juvenile offenders depend on their ages, awareness of their criminal acts, reasons and circumstances in which the criminal offences are committed.

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.

3. Criminal prosecution against a juvenile offender shall only be initiated if necessary with account taken of his/her record, the danger to society of his/her offence and requirements for crime prevention.

4. At the trial, the court shall only impose a sentence upon a juvenile offender if it is considered that the exemption of criminal responsibility and application any of the measures specified in Section 2 or compulsory education in a correctional institution specified in Section 3 of this Chapter do not have sufficient educational and deterrent effects.

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.

The above is the law on the rules for taking actions against juvenile offenders in Vietnam.

Best Regards!