Is committing two different crimes considered a criminal recidivism in Vietnam?
My younger brother was previously imprisoned for intentionally causing injury and was sentenced to 7 years in prison, he had an unspent conviction. But now he has been arrested for the crime of intentional theft of property. Will my brother be considered a recidivism at trial?
Is committing two different crimes considered a criminal recidivism in Vietnam?
Pursuant to Article 53 of the 2015 Penal Code provides for recidivism as follows:
1. Recidivism is a situation in which a person who has an unspent conviction for the same offence and deliberately commits a very serious crime or involuntarily commits an extremely serious crime.
2. Dangerous recidivism is a situation in which:
a) A person who has an unspent conviction for a deliberate very serious crime or extremely serious crime deliberately commits a very serious crime or an extremely serious crime;
b) A person who repeated the same offence for which the conviction has not been expunged deliberately commits another criminal offence.
Therefore, if your case has an unspent conviction but commits a new crime due to intentional error, it is considered a recidivism under current criminal law in Vietnam.
Best Regards!
