What criminal offense is a Communist Party of Vietnam member held accountable for when engaging in extramarital affairs? What are penalties in terms of imprisonment imposed on them?

What criminal offense is a Communist Party of Vietnam member held accountable for when engaging in extramarital affairs? What are penalties in terms of imprisonment imposed on them?

Based on Article 182 of the 2015 Criminal Code, the offense of adultery is defined as follows:

Adultery

1. Anyone who is married or cohabiting as husband and wife with someone other than their spouse, or anyone who is not married or has no spouse but marries or cohabits as husband and wife with someone they know is married, falls under one of the following circumstances and shall be punished with a warning, community sentence for up to 01 year, or imprisonment from 03 months to 01 year:

a) Causing the marital relationship of one or both parties to lead to divorce;

b) Having been punished for administrative violations relating to this act and continuing to violate it.

2. If the offense falls under one of the following circumstances, the punishment is imprisonment from 06 months to 03 years:

a) Causing the spouse or child of either party to commit suicide;

b) Having a court decision to annul the marriage or terminate cohabitation in violation of adultery but still maintaining the relationship.

If the extramarital affair of a Communist Party of Vietnam member meets the elements of a criminal offense, they can be held criminally liable for violating the offense of adultery, specifically as follows:

[1] Punishment includes a warning, community sentence for up to 01 year, or imprisonment from 03 months to 01 year.

Anyone who is married or cohabiting as husband and wife with someone other than their spouse, or anyone who is not married or has no spouse but marries or cohabits as husband and wife with someone they know is married, falls under one of the following circumstances:

- Causing the marital relationship of one or both parties to lead to divorce.

- Having been punished for administrative violations relating to this act and continuing to violate it.

[2] Punishment includes imprisonment from 06 months to 03 years.

- Causing the spouse or child of either party to commit suicide.

- Having a court decision to annul the marriage or terminate cohabitation in violation of the offense of adultery but still maintaining the relationship.

What criminal offense is a Communist Party of Vietnam member held accountable for when engaging in extramarital affairs? What is the penalty in terms of imprisonment imposed on them? - image from internet

When is a person exempt from criminal liability in Vietnam?

Based on Article 29 of the 2015 Criminal Code supplemented by Point a, Clause 1 of Article 2 of the Law amending the Criminal Code in 2017, the grounds for exempting criminal liability are as follows:

Grounds for exempting criminal liability

1. A person committing a crime is exempt from criminal liability when one of the following grounds is present:

a) During the investigation, prosecution, or trial, due to changes in policies or laws that render the criminal act no longer harmful to society.

b) When a decision for amnesty is made.

2. A person committing a crime may be exempt from criminal liability when one of the following grounds is present:

a) During the investigation, prosecution, or trial, if the situation has changed and the perpetrator is no longer a danger to society.

b) During the investigation, prosecution, or trial, if the perpetrator suffers from a serious illness that renders them incapable of posing a danger to society.

c) Prior to the discovery of the criminal act, if the perpetrator voluntarily confesses, provides clear information about the incident, effectively contributes to the detection and investigation of the crime, makes efforts to minimize the consequences of the offense, and shows significant dedication or special contributions that are recognized by the State and society.

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Therefore, a person committing a crime is exempt from criminal liability when one of the following grounds is present:

- During the investigation, prosecution, or trial, if the situation has changed and the perpetrator is no longer a danger to society.

- During the investigation, prosecution, or trial, if the perpetrator suffers from a serious illness that renders them incapable of posing a danger to society.

- Prior to the discovery of the criminal act, if the perpetrator voluntarily confesses, provides clear information about the incident, effectively contributes to the detection and investigation of the crime, makes efforts to minimize the consequences of the offense, and shows significant dedication or special contributions that are recognized by the State and society.

What are regulations on penalties of offenders in Vietnam?

Based on Article 32 of the 2015 Criminal Code, the penalties for offenders include:

[1] Principal penalties include:

- Warning

- Fine

- Community sentence

- Expulsion

- Fixed-term imprisonment

- Life imprisonment

- Death penalty

[2] Additional penalties include:

- Prohibition from holding positions, practicing certain professions, or performing specific jobs

- Prohibition from residing in certain areas

- Supervision

- Deprivation of certain civil rights

- Confiscation of property

- Fine, when not applied as a principal penalty

- Expulsion, when not applied as a principal penalty.