Two offenses for which people aged 14 to under 16 years old shall face criminal responsibility, even during the preparatory stage of the offense in Vietnam

Two offenses for which people aged 14 to under 16 years old shall face criminal responsibility, even during the preparatory stage of the offense in Vietnam - image from internet

According to the provisions of the law, the preparatory stage of an offense refers to the act of searching, preparing tools or means, or creating other conditions to commit a crime.

Individuals aged 14 to under 16 years old are subject to criminal responsibility for very serious crimes and extremely serious crimes.

Pursuant to Clause 4 Article 1 of the Law on amendments to the Criminal Code in 2017:

A person from 14 to under 16 years of age who prepares for any of the crimes specified in Article 123 and Article 168 hereof has to bear criminal responsibility. To be specific:

Article 123. Murder

1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:

a) Murder of 02 or more people;

b) Murder of a person aged under 16;

c) Murder of a woman with the full knowledge of her pregnancy;

d) Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her official duties;

dd) Murder of the murderer's grandparent, parent, caregiver or teacher;

e) Murder committed right before or after committing a very serious crime or extremely serious crime;

g) Murder for the commission or concealment of another crime;

g) Murder for taking the victim's body parts;

i) Brutal murder;

k) Murder by taking advantage of the murderer's profession;

l) Murder using a method capable of killing many people;

m) Contract killing;

n) Murder of a gangster-like nature;

o) Organized murder;

p) Dangerous recidivism;

q) Murder from despicable motives.

2. Murder in circumstances other than those specified in Clause 1 of this Article carries a penalty of 07 - 15 years' imprisonment.

3. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years.

Article 168. Robbery

1. Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence causes 11% - 30% WPI for the victim;

d) The offender uses a dangerous weapon, device or other dangerous methods to commit the offence;

dd) The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;

e) The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person.

g) The offence has a negative impact on social safety, order and security;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The property taken is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offence causes 31% - 60% WPI for the victim;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 18 - 20 years' imprisonment or life imprisonment:

a) The property taken is assessed at ≥ VND 500,000,000;

b) The offence results in bodily harm of 01 person who suffers from ≥ 61% WPI or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 02 or more victims;

c) The offence results in the death of the victim;

d) The offender takes advantage of a war or state of emergency to commit the offence.

5. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

6. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years or have all or part of his/her property confiscated.

Best regards!