What is the maximum imprisonment sentence imposed on offenders aged from full 14 years old to under 18 years old in Vietnam?
What is the maximum imprisonment sentence imposed on offenders aged from full 14 years old to under 18 years old in Vietnam? What is the maximum sentence for raping people aged 16 years old in Vietnam? What is the imprisonment sentence of raping people aged 8 years old in Vietnam?
What is the maximum imprisonment sentence imposed on offenders aged from full 14 years old to under 18 years old in Vietnam?
I have a question. What is the maximum imprisonment sentence imposed on offenders aged from full 14 years old to under 18 years old in Vietnam?
Answer:
Pursuant to Article 101 of the Criminal Code in 2015 stipulating determinate imprisonment as follows:
1. 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 16 to under 18 shall not exceed 18 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 three quarters of the duration prescribed by law;
2. 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.
As regulations above, the maximum sentence is 18 years for offenders aged from 16 to under 18, and 12 years for offenders aged from 14 to under 16.
What is the maximum sentence for raping people aged 16 years old in Vietnam?
My question is: What is the maximum sentence for raping people aged 16 years old in Vietnam? Thank you!
Answer:
Pursuant to Article 141 of the Criminal Code in 2015 (amended by Clause 23 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating rape as follows:
1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 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 against a person for whom the offender is responsible for providing care, education or medical treatment;
c) The offence is committed by more than one person against one person;
d) The offence has been committed more than once;
dd) The offence is committed against more than one person;
e) The offence is of an incestuous nature;
g) The offence results in the victim's pregnancy;
h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;
i) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:
a) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;
b) The offender commits the offence in the knowledge of his HIV infection;
c) The offence results in the death or suicide of the victim.
4. The offence committed against a person aged from 16 to under 18 carries a penalty of 05 - 10 years' imprisonment.
A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.
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As regulations above, any person committing rape against people aged 16 years old outside the scope of Clause 2 and 3 of this Article shall face a penalty of 05 - 10 years' imprisonment.
What is the imprisonment sentence of raping people aged 8 years old in Vietnam?
This case happened near my house. An 8th grader was raped by two of her friends. As far as I know, the student knew the other two through social network and they went out a few times together. After drinking alcohol, the two men had the intention to rape, so they went to the girl's house to ask her to hang out. When going to an empty road, the victim was afraid and asked to return home, but she was threatened by the two men. Then, the two men raped the victim. One man is 17 years old and the other is 20 years old. What are the imprisonment sentences imposed on them? Thank you!
Answer:
Pursuant to Article 142 of the Criminal Code in 2015 (amended by Clause 24 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating rape of a person under 16 as follows:
1. A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:
a) Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under 16.
b) Engaging in sexual intercourse or other sexual activities with a person under 13.
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3. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:
a) The offence is committed by an organized group;
b) The offence is committed by more than one person against one person;
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The determinate imprisonment imposed on people aged under 18 is sipulated as follows:
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 16 to under 18 shall not exceed 18 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 three quarters of the duration prescribed by law.
As regulations above, the act of raping people aged 8 years old shall be liable to criminal prosecution for rape of a person under 16 according to Article 142 of the Criminal Code in 2015 (amended by Clause 24 Article 1 of the Law on amendments to the Criminal Code in 2017). The specific sentence for each person will be decided by the Court based on many factors related to the case. Regarding the 17-year-old man, he shall face a penalty udner 18 years' imprisonment. 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 three quarters of the duration prescribed by law.
Best regards!
