Can the Penalty Below the Minimum of the Penal Framework be Applied?
Article 134 of the Criminal Code 2015, amended in 2017, stipulates the Crime of intentionally causing injury or harming another person's health:
- Anyone who intentionally causes injury or harms another person's health with a body injury rate from 11% to 30%, or below 11% but falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Using a weapon, explosive, dangerous instrument, or method capable of causing harm to many people;
b) Using dangerous acid or dangerous chemicals;
...
Meanwhile, according to Article 54 of the Criminal Code 2015, amended and supplemented by the Criminal Code amended and supplemented in 2017:
The Court may decide on a penalty below the lowest level of the applicable penalty frame but must be within the immediately lighter penalty frame of the law when the offender has at least two extenuating circumstances specified in Clause 1, Article 51 of this Code.
The Court may decide on a penalty below the lowest level of the applicable penalty frame but is not required to be within the immediately lighter penalty frame of the law for a first-time offender who played an insignificant role in an accomplice case.
In cases where there are enough conditions specified in Clause 1 or Clause 2 of this Article but the law article only has one penalty frame or that penalty frame is the lightest one, the Court may decide a penalty below the lowest level of the penalty frame or switch to a different type of lighter penalty. The reasoning for the mitigation must be clearly stated in the judgment.
Thus, if your friend meets the conditions specified in Clauses 1 and 2, Article 54 of the Criminal Code 2015, the Court may apply a penalty below the lowest level of the penalty frame for your friend or switch to a different type of lighter penalty, specifically:
- Warning (Article 34);
- Non-custodial reform for less than 6 months (Article 36);
- Imprisonment from 03 months to less than 06 months (Article 38).
Sincerely!
