If my uncle's loses his criminal capacity after committing theft of property, will he be exempted from a penalty of imprisonment in Vietnam?
If my uncle's loses his criminal capacity after committing theft of property, will he be exempted from a penalty of imprisonment in Vietnam? Which cases are required disease treatment in Vietnam?
My uncle stole 100 million VND from someone, then he went missing for 3 months until an acquaintance found him in the upper commune. He was mentally unstable and could not recognize the acquaintance. So can my uncle be exempted from a penalty of imprisonment? Hope to get an answer
If my uncle's loses his criminal capacity after committing theft of property, will he be exempted from a penalty of imprisonment in Vietnam?
Pursuant to Article 21 of the 2015 Criminal Code regulating lack of criminal capacity
A person who commits an act that is dangerous to society is suffering from a mental disease or another disease that causes him/her to lose his/her awareness or control of his/her behaviors is exempt from criminal responsibility.
In addition, Clause 2, Article 49 of the 2015 Criminal Code stipulates mandatory disease treatment as follows:
2. If a person has criminal capacity when committing the crime but loses his/her awareness or control of his/her acts before conviction, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment. After the disease is treated, that person might bear criminal responsibility.
In Article 173 of the 2015 Criminal Code, amended by Clause 34, Article 1 of the Law amending the 2017 Criminal Code, theft of property is stipulated as follows:
1. A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offender has incurred an administrative penalty for appropriation of property;
b) The offender has an unspent conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;
c) The offence has negative impacts on social safety, order, and security;
d) The property stolen is the primary means of livelihood of the victim and the victim's family;
dd) The property stolen is a relic.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;
...
So according to current regulations in Vietnam, the time your uncle stole was still normal, so he will still be sentenced to 02 to 07 years in prison. However, because your uncle is currently sick, depending on the severity of the disease determined by the forensic examination, mandatory treatment measures will be applied. After recovering from the illness, your uncle may be held criminally responsible.
If my uncle's loses his criminal capacity after committing theft of property, will he be exempted from a penalty of imprisonment in Vietnam? (Image from the Internet)
Which cases are required disease treatment in Vietnam?
In addition, Clause 1 and Clause 2, Article 49 of the 2015 Criminal Code stipulates mandatory disease treatment as follows:
1. A person who commits an act dangerous to society while suffering from a disease specified in Article 21 hereof, the Procuracy or Court, according to the forensic examination conclusion or mental forensic examination, shall decide to send him/her to a specialized medical facility for mandatory treatment.
2. If a person has criminal capacity when committing the crime but loses his/her awareness or control of his/her acts before conviction, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment. After the disease is treated, that person might bear criminal responsibility.
3. If a person serving an imprisonment sentence suffers from a diseases that causes him/her to loses his/her awareness or control of his/her acts, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment. After the disease is treated, that person shall keep serving the sentence if there are no reasons to do otherwise.
The duration of mandatory treatment shall be deducted from the imprisonment duration.
Best regards!
