What is the highest penalty imposed on a judge intentionally passing an illegal judgment in Vietnam?
Under Article 370 of the Criminal Code 2015 on passing an illegal judgment in Vietnam:
1. Any judge or jury member who passes a judgment in the knowledge that it is illegal shall face a penalty of 01 - 05 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against a person under 18, a woman whose pregnancy is known by the offender or an old and weak person;
c) The offence results in a wrongful conviction of an innocent person for a serious crime or very serious crime;
d) The offence results in omission of a serious crime or very serious crime or a perpetrator of a serious crime or very serious crime;
dd) The offence result in 11% - 45% mental and behavioral disorder of the defendant, victim or plaintiff;
e) The property damage caused by the offence is assessed at VND 500,000,000 - VND 1,000,000,000;
g) The offence has a negative impact on social security, order or safety.
3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment (Clause 131, Article 1 of the Law on Amendments to Criminal Code 2017):
a) The offence results in a wrongful conviction of an innocent person for an extremely serious crime;
b) The offence results in omission of an extremely serious crime or a perpetrator of an extremely serious crime;
c) The offence result in ≥ 46% mental and behavioral disorder of the defendant, victim or plaintiff;
d) The offence result in the suicide of the defendant, victim or plaintiff;
dd) The property damage caused by the offence is assessed at ≥ VND 1,000,000,000.
Therefore, the highest imprisonment penalty imposed on a judge intentionally passing an illegal judgment in Vietnam is 15 years.
Respectfully!