In Vietnam: If self-defense leads to death of a person, what are criminal responsibilities in this case?

In Vietnam: If self-defense leads to death of a person, what are criminal responsibilities in this case?

Pursuant to Article 128 of the Criminal Code in 2015 stipulating involuntary manslaughter as follows:

1. A person who commits an involuntary manslaughter shall face a penalty of up to 03 years' community sentence or 01 - 5 years' imprisonment.

2. This offence carries a penalty of 03 - 10 years' imprisonment if it results in the death of 02 or more people.

As regulations above, involuntary manslaughter is constituted by the unintentional fault of the offender with fatal consequences occurring. In your case, you do not intend to take the person's life, but just want to defend yourself but accidentally cause the opponent to die. Therefore, you will be charged with involuntary manslaughter.

What are mitigating factors in criminal cases in Vietnam?

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

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.

As regulations above, you are permissible to get mitigating factors prescribed in Clause 1.c Article 51 of the Ciminal Code in 2015 (The crime is considered unjustified force in self-defense).

In Vietnam: If people under 18 have the act of self-defense leading to death of a person, will they be liable to ceiminal prosecution?

Pursuant to Article 12 of the Criminal Code in 2015 (amended by Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating age of criminal responsibility as follows:

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.

As regulations above, if people under 18 have the act of self-defense leading to death of a person, they shall be liable to ceiminal prosecution.

Best regards!