Vietnam: What is the maximum imprisonment penalty imposed on a 15-year-old person who engages in illegal street racing?
Under Clause 2, Article 101 of the Criminal Code 2015, if the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 14 to under 16 shall not exceed 12 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed one half of the duration prescribed by law.
Clause 78, Article 1 of the Law on Amendments to the Criminal Code 2017 amends Article 266 of the Criminal Code regarding illegal street racing in Vietnam as follows:
1. A person who participates in an illegal street race which involves automobiles, motorbikes or other motor vehicles and causes damage for another person in any of the following circumstances or does it while having incurred an administrative penalty for any of the offences specified in this Article or Article 265 hereof or having an unspent conviction for any of these offences shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 year’s community sentence or 06 - 36 months' imprisonment:
a) The offence causes 31% - 60% WPI for another person;
b) The property damage caused by the offence is assessed at from VND 50,000,000 to under VND 100,000,000.
2. This offence committed in any of the following circumstances carries a fine of from VND 50,000,000 to VND 150,000,000 or a penalty of 03 - 10 years' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;
dd) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;
e) The offender participates in betting;
g) The offender resists people in charge of road traffic safety and order or people in charge of dismissing the street race;
h) The street race is held in a crowded area;
i) Safety equipment is removed from the racing vehicles;
k) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence results in the death of 02 people;
b) The offence causes a total WPI of 122% - 200% for more than one person;
c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offence results in property damage assessed at ≥ VND 1,500,000,000.
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
Thus, the imprisonment penalty for illegal street racing in Vietnam ranges from 06 months to 20 years. According to the principle of applying the law for individuals aged 14 to under 16 who commit the above crime, the imprisonment term will be reduced to 03 months to 10 years.
Therefore, the maximum imprisonment penalty imposed on a 15-year-old person who engages in illegal street racing in Vietnam is 10 years.
Respectfully!
