Can deliberate infliction of bodily harm under provocation reduce criminal liability in Vietnam?

Can deliberate infliction of bodily harm under provocation reduce criminal liability in Vietnam?

Pursuant to Clause 1, Article 135 of the 2015 Criminal Code, which stipulates deliberate infliction of bodily harm upon others under provocation:

1. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60% WPI under provocation because of the victim's serious violations of law against the offender or the offender's family member shall face a fine of VND 10,000,000 - VND 50,000,000 or face a penalty of up to 03 years' community sentence.

According to this Article, the neighbor came to your house to assault and strangle you and wanted to kill you. You were able to escape and in panic, you used a switchblade to stab the victim's right arm. This is considered an act of Deliberate infliction of bodily harm upon others under provocation in Vietnam.

According to Point e, Clause 1, Article 51 of the 2015 Criminal Code, the following mitigating factors are stipulated:

e) The crime is committed under provocation caused by the victim's illegal acts;

So, after the conclusion of the assessment of the neighbor's injury rate, the injury rate is 32%, so you will be prosecuted for criminal liability for the crime of IDeliberate infliction of bodily harm upon others under provocation according to Clause 1, Article 135 of the 2015 Penal Code, they will be fined from 10,000,000 VND to 50,000,000 VND or sentenced to community sentence for up to 03 years. And you will have your criminal liability reduced for committing a crime in provocation caused by your neighbor's illegal acts in Vietnam.

Can deliberate infliction of bodily harm under provocation reduce criminal liability in Vietnam? (Image from the Internet)

If the person who requests to prosecute a criminal case withdraws the request, will the person being prosecuted still have criminal liability in Vietnam?

Pursuant to Article 155 of the 2015 Criminal Procedure Code regulations on insults to another person:

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.

2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.

So in your case, if the neighbor requests to withdraw the request for prosecution, the case will be discontinued, except in cases where there are grounds to determine that the person who requested to withdraw the request for prosecution is against the will of the neighbor. Due to coercion or duress, even though the person who requested prosecution withdraws the request, the Investigation Agency, Procuracy, and Court will continue to proceed with the case in Vietnam.

Best regards!