If I fail to report my husband's criminal acts, will I be examined for criminal responsibility in Vietnam?
May I ask if I fail to report my husband's criminal acts, will I be examined for criminal responsibility in Vietnam? What are penalties for failture to report another's criminal acts in Vietnam?
If I fail to report my husband's criminal acts, will I be examined for criminal responsibility in Vietnam?
Pursuant to Clause 5, Article 1 of the Law amending the Penal Code 2017, there are provisions on misprision as follows:
1. Any person who knows that a crime is being prepared, being carried out, or has been carried out but fails to report it shall bear criminal responsibility for misprision as prescribed in Article 390 hereof.
2. A person who fails to report the crime shall not bear criminal responsibility as prescribed in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.
3. If defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility as prescribed in Clause 1 of this Article, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.
Thus, according to the above provisions in Vietnam, you are not criminally responsible for failing to report your husband's criminal acts, unless your husband commits a crime of infringing upon national security or other extremely serious crimes.
What are penalties for failture to report another's criminal acts in Vietnam?
Pursuant to Article 390 of the 2015 Penal Code as amended by Clause 138, Article 1 of the Law amending the Penal Code 2017 as follows:
1. Any person who knows about the preparation of any of the crimes specified in Clause 2 or Clause 3 of Article 14 hereof or commission of any of the crimes specified in Article 389 hereof but fails to report it, except in the circumstances specified in Clause 2 and Clause 3 Article 19 hereof, shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. The person who fails to report the crime but does try to stop the criminal or reduce the consequences of the crime might be exempt from criminal responsibility or punishment.
According to this Article, if your husband commits crimes of infringing upon national security or other extremely serious crimes, but you do not report the crime, do not take action to dissuade the offender or limit the harm of the crime, you may be examined for criminal responsibility with a penalty of warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment in Vietnam.
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