If my child's grandfather participated in the Resistance War against the American Empire, can his criminal responsibility be reduced in Vietnam?

If my child's grandfather participated in the Resistance War against the American Empire, can his criminal responsibility be reduced in Vietnam?

Pursuant to Clause 1, Article 51 of the 2015 Criminal Code as amended by Point a, Clause 6, Article 1 of the Law amending the 2017 Criminal Code, the following circumstances are considered 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.

Thus, the fact that grandfather participated in the resistance war against the US is not one of the circumstances that can reduce criminal responsibility in Vietnam. In this case, if your son honestly reports and the family compensates the school for damages, it will be considered to reduce criminal responsibility.

If my child's grandfather participated in the Resistance War against the American Empire, can his criminal responsibility be reduced in Vietnam? (Image from the Internet)

When persons under 18 years old have mitigating factors, can they be exempted from criminal responsibility in Vietnam?

According to Clause 2, Article 91  of the 2015 Criminal Code as amended by Clause 14, Article 1 of the Law amending the 2017 Criminal Code, there are extenuating circumstances for people under 18 years old who commit crimes:

2. A juvenile offender who commits a criminal offence in any of the following circumstances and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereof:

a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 hereof;

b) A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;

c) The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.

Therefore, a person under 18 years old who has mitigating factors and voluntarily overcomes most of the consequences can be exempt from criminal responsibility in Vietnam except in the cases specified in Article 29.

Best regards!