What are 22 mitigating factors according to the current regulations in Vietnam? What is the starting day of the time limit for criminal prosecution in Vietnam?

What are 22 mitigating factors according to the current regulations in Vietnam?

Pursuant to Article 51 of the Criminal Code in 2015 (amended by Clause 6 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating mitigating factors:

(1) The offender has prevented or reduced the harm caused by the crime;

(2) The offender voluntarily makes rectification, pays damages or relieves the consequences;

(3) The crime is considered unjustified force in self-defense;

(4) The crime is considered unjustified force in urgent circumstance;

(5) The crime is considered unjustified force in capturing a criminal;

(6) The crime is committed under provocation caused by the victim's illegal acts;

(7) The crime is committed because of extreme hardship that is not on the offender's account;

(8) The crime has not inflicted damage or the damage inflicted is not significant;

(9) The offender commits a less serious crime and does not have prior criminal record;

(10) The crime is committed because the offender threatened or coerced by others;

(11) The offender commits the crime while because of lack of awareness that is not on his/her account;

(12) The crime is committed due to obsolescence;

(13) The offender is a pregnant woman;

(14) The offender is 70 years of age or older;

(15) The offender has a serious physical disability or extremely serious physical disability;

(16) The offender has a disease that limits his/her awareness or control of his/her acts;

(17) The offender turns himself/herself in;

(18) The offender expresses cooperative attitude and/or contrition;

(19) the offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;

(20) The offender has made reparation in an effort to atone for the crime;

(21) The offender is an excellent worker, soldier or student;

(22) The offender is revolutionist, parent, spouse or child of a war martyr or war veteran.

In addition, when issuing a decision on sentences, the Court might consider the offender's turning himself/herself in or other circumstances as mitigating factors and specify the reasons in the judgment.

If a circumstance defined as a mitigating factor this document is the basis for determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on sentences.

What are 22 mitigating factors according to the current regulations in Vietnam? What is the starting day of the time limit for criminal prosecution in Vietnam? - image from internet

What is the starting day of the time limit for criminal prosecution in Vietnam?

Pursuant to Clause 3 Article 27 of the Criminal Code in 2015 stipulating time limit for criminal prosecution:

Time limit for criminal prosecution

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3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.

During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.

As regulated above, the time limit for criminal prosecution begins from the day on which the crime is committed.

Note: If the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.

What are time limits for criminal prosecution in Vietnam?

Pursuant to Clause 3 Article 27 of the Criminal Code in 2015 stipulating time limit for criminal prosecution:

Time limit for criminal prosecution

1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.

2. Time limits for criminal prosecution:

a) 05 years for less serious crimes;

b) 10 years for serious crimes;

c) 20 years for very serious crimes;

d) 20 years for extremely serious crimes.

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As regulated above, time limits for criminal prosecution in Vietnam are stipulated as follows:

- 05 years for less serious crimes;

- 10 years for serious crimes;

- 20 years for very serious crimes;

- 20 years for extremely serious crimes.

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