What is the age to be liable to extremely serious crime in Vietnam?

What is the age to be liable to extremely serious crime in Vietnam?

Pursuant to Article 9 of the Criminal Code in 2015 (amended by Clause 2 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating classification of crimes as follows:

Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:

(1) Less serious crime

means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

(2) Serious crime

means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

(3) Very serious crime

means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

(4) Extremely serious crime

means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

What is the age to be liable to extremely serious crime in Vietnam? - Source: Internet

What is the age to be liable to extremely serious crime in Vietnam?

Pursuant to Article 12 of the Criminal Code in 2015 (amended by Clause 3 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating age of criminal responsibility as follows:

Age of criminal responsibility

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in 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, 304 hereof.

As regulations above, a person from 14 years of age to be low 16 years of age shall bear criminal responsibility for extremely serious crimes as follows:

- Murder

- Deliberate infliction of bodily harm upon another person

- Rape

- Rape of a person under 16

- Sexual abuse

- Sexual abuse of a person aged from 13 to under 16

- Human trafficking 

- Trafficking of a person under 16

- Robbery

- Kidnapping for ransom 

- Extortion 

- Snatching 

- Theft of property

- Deliberate destruction of property

- Illegal manufacturing of narcotic substances

- Illegal possession of narcotic substances

- Illegal transport of narcotic substances

- Illegal deal in narcotic substances

- Appropriation of narcotic substances

- Organizing illegal street races

- Illegal street racing

- Spreading software programs harmful for computer networks, telecommunications networks or electronic devices

- Obstruction or disturbance of computer networks, telecommunications networks or electronic devices 

- Illegal infiltration into the computer network, telecommunications network or electronic device of another person

- Appropriation of property using a computer network, telecommunications network or electronic device

- Terrorism

- Destruction of work, facility, equipment important for national security 

- Illegal manufacture, possession, transport, use or appropriation of military weapons or devices

A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

What is the time limit for criminal prosecution for extremely serious crime in Vietnam?

Pursuant to Clause 2 Article 27 of the Criminal Code in 2015 stipulating the time limit for criminal prosecution as follows:

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.

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 regulations above, the time limit for criminal prosecution for extremely serious crime in Vietnam is 20 years.

The time limit for criminal prosecution begins from the day on which the crime is committed.

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