The Age of Criminal Responsibility According to the Current Penal Code

How is the age of criminal responsibility regulated?Dear Editorial Board,My name is Thanh Hai. I am currently seeking to understand the legal regulations related to the field of criminal law. I have a question that I need the Editorial Board to clarify for me.Can you please let me know how the current regulations specifically define the age of criminal responsibility? Which legal documents can I refer to for detailed information?I look forward to receiving a response from the Editorial Board.Thank you very much!Thanh Hai (thanhhai*****@gmail.com)

1. What is criminal liability capacity?

Criminal liability capacity is the ability to perceive the social significance of one’s actions and the ability to control those actions in accordance with social demands.

A person with criminal liability capacity is one who, when committing a socially dangerous act, has the ability to recognize the social danger of their actions and the ability to restrain such behavior to choose another action that aligns with social requirements.

2. Age of criminal responsibility

According to the provisions of Article 12 of the 2015 Criminal Code and Clause 3, Article 1 of the Law amending the Criminal Code 2017, the age of criminal responsibility is specifically regulated as follows:

  1. Persons aged 16 years and above shall bear criminal responsibility for all crimes, except for those crimes for which this Code has different provisions.

  2. Persons aged between 14 and under 16 years shall bear criminal responsibility for very serious crimes and especially serious crimes as specified in one of the 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, and 304 of this Code.

The above is the advisory content regarding the age of criminal responsibility. For more detailed information, you should refer to the 2015 Criminal Code.

Sincerely!

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