How many years in prison for killing someone due to unjustified force in self-defense in Vietnam?

What is justifiable force in self-defense in Vietnam?

Pursuant to Article 22 of the Criminal Code in 2015 stipulating as follows:

Justifiable force

1. Justifiable force in self-defense means the a person's use of force which is reasonably necessary to defend against another person's infringement upon his/her legitimate rights or interests of himself/herself, other people, the State, organizations.

The use of justifiable force does not constitute a criminal offence.

2. Unjustified force in self-defense means the use of force which is more than reasonably necessary and not appropriate for the nature and danger to society posed by the infringement.

The person who uses unjustified force in self-defense shall take criminal responsibility as prescribed by this document.

As regulaitons above, justifiable force in self-defense means the a person's use of force which is reasonably necessary to defend against another person's infringement upon his/her legitimate rights or interests of himself/herself, other people, the State, organizations.

The use of justifiable force does not constitute a criminal offence.

However, unjustified force in self-defense means the use of force which is more than reasonably necessary and not appropriate for the nature and danger to society posed by the infringement.

How many years in prison for killing someone due to unjustified force in self-defense in Vietnam?

Pursuant to Article 126 of the Criminal Code in 2015 stipulating involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal as follows:

Involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal

1. An involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal carries a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. The involuntary manslaughter of 02 or more people in this case carries a penalty of 02 - 05 years' imprisonment.

As regulations above, an involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal carries a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

The involuntary manslaughter of 02 or more people in this case carries a penalty of 02 - 05 years' imprisonment.

Is commiting a crime due to unjustified force in self-defense considered a mitigating factor in Vietnam?

Pursuant to Article 51 of the Criminal Code in 2015 (amended by Clause 6.a Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating mitigating factors as follows:

Mitigating factors

1. The following circumstances are considered mitigating factors:

a) The offender has prevented or reduced the harm caused by the crime;

b) The offender voluntarily makes rectification, pays damages or relieves the consequences;

c) The crime is considered unjustified force in self-defense;

d) The crime is considered unjustified force in urgent circumstance;

dd) The crime is considered unjustified force in capturing a criminal;

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

g) The crime is committed because of extreme hardship that is not on the offender's account;

h) The crime has not inflicted damage or the damage inflicted is not significant;

i) The offender commits a less serious crime and does not have prior criminal record;

k) The crime is committed because the offender threatened or coerced by others;

l) The offender commits the crime while because of lack of awareness that is not on his/her account;

m) The crime is committed due to obsolescence;

n) The offender is a pregnant woman;

o) The offender is 70 years of age or older;

p) The offender has a serious physical disability or extremely serious physical disability;

g) The offender has a disease that limits his/her awareness or control of his/her acts;

r) The offender turns himself/herself in;

s) The offender expresses cooperative attitude and/or contrition;

t) the offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;

u) The offender has made reparation in an effort to atone for the crime;

v) The offender is an excellent worker, soldier or student;

x) The offender is revolutionist, parent, spouse or child of a war martyr or war veteran.

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As regulations above, commiting a crime due to unjustified force in self-defense can be considered a mitigating factor in Vietnam.

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