Is it permissible to impose death sentence on under-18-year-old offenders in Vietnam?

Is it permissible to impose death sentence on under-18-year-old offenders in Vietnam?

Pursuant to Article 40 of the Criminal Code in 2015 stipulating death sentence as follows:

1. Death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes and some other extremely serious crimes defined by this document.

2. Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age and people from 75 years of age or older when they commit the crime or during trial.

3. The life sentence shall not be executed in the following circumstances:

a) The convict is pregnant or a woman raising a child under 36 months of age;

b) The sentenced person is 75 years of age or older;

c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

4. In the circumstances specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

As regulations above, life imprisonment shall not be imposed upon under-18-year-old offenders in Vietnam.

If under-18-year-old offenders are accomplices in the commission of the criminal offence, can they be exempt from criminal responsibility in Vietnam?

Pursuant to Clause 2 Article 91 of the Criminal Code in 2015 (amended by Clause 14 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating rules for taking actions against juvenile offenders as follows:

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.

As regulations above, under-18-year-old offenders, who are accomplices hving a minor role in the commission of the criminal offence, has more than one mitigating factors and voluntarily repairs the most part of the damage, shall be exempt from criminal responsibility in Vietnam.

Is inciting a person aged under 18 to commit the crime an aggravating factor in Vietnam?

Pursuant to Article 52 of the Criminal Code in 2015 (amended by Clause 2.b Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating aggravating factors as follows:

1. The following circumstances are considered aggravating factors:

a) Organized crime;

b) The crime is committed in a professional manner;

c) The offender abuses his/her position or power to commit the crime;

d) The crime is of a gangster-like nature;

dd) The crime is committed by despicable motives;

e) The offender is determined to commit the crime to the end;

g) The offence has been committed more than once;

h) Recidivism or dangerous recidivism;

i) The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;

k) The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited or a person who is financially, spiritually, professionally or otherwise dependent on the offender;

l) The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;

m) The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;

n) The offender uses a trick or instrument capable of harming many people to commit the crime;

o) The offender incites a person aged under 18 to commit the crime;

p) The offender has deceitful or violent actions to conceal the crime.

2. Circumstances defined by this document as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.

As regulations above, inciting a person aged under 18 to commit the crime is an aggravating factor in Vietnam.

Best regards!