When shall offenders in Vietnam be exempt from punishment?

When shall offenders in Vietnam be exempt from punishment?

Pursuant to Article 59 of the Criminal Code in 2015 stipulating exemption from punishment:

Exemption from punishment

The offender might be exempt from punishment in the circumstances specified in Clause 1 and Clause 2 Article 54 hereof, provided he/she deserves the leniency but not to a degree eligible for exemption from criminal responsibility.

As regulations above, the offender might be exempt from punishment in the following circumstances, provided he/she deserves the leniency but not to a degree eligible for exemption from criminal responsibility.

(1) The Court may decide a sentence lighter than the lower limit of the current sentence bracket if the offender has at least two mitigating factors, including:

+ The offender has prevented or reduced the harm caused by the crime;

+ The offender voluntarily makes rectification, pays damages or relieves the consequences;

+ The crime is considered unjustified force in self-defense;

+ The crime is considered unjustified force in urgent circumstance;

+ The crime is considered unjustified force in capturing a criminal;

+ The crime is committed under provocation caused by the victim's illegal acts;

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

+ The crime has not inflicted damage or the damage inflicted is not significant;

+ The offender commits a less serious crime and does not have prior criminal record;

+ The crime is committed because the offender threatened or coerced by others;

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

+ The crime is committed due to obsolescence;

+ The offender is a pregnant woman;

+ The offender is 70 years of age or older;

+ The offender has a serious physical disability or extremely serious physical disability;

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

+ The offender turns himself/herself in;

+ The offender expresses cooperative attitude or contrition;

+ The offender arduously assisting the agencies concerned in discovery of crimes or investigation;

+ The offender has made reparation in an effort to atone for the crime;

+ The offender is an excellent worker, soldier or student;

+ The offender is a parent, spouse or child of a war martyr or war veteran.

Note: The sentence must be in the next lighter bracket.

(2) The Court may decide a sentence below the lower limit of the current sentence bracket if the offender is an abettor with a minor role in the offense and does not have prior criminal record.

Note: It is not required to belong to the next lighter bracket.

When shall offenders in Vietnam be exempt from punishment? - image from internet

When shall corporate legal entities in Vietnam be exempt from punishment?

Pursuant to Article 88 of the Criminal Code in 2015 stipulating exemption from punishment:

Exemption of punishment

An offending corporate legal entity may be exempt from punishment after the damage has been repaired and compensation has been paid.

As regulations above, an offending corporate legal entity may be exempt from punishment in following cases:

- After the damage has been repaired;

- After compensation has been paid.

What are regulations on decision on punishment on corporate legal entities in Vietnam for commission of multiple criminal offences?

Pursuant to Article 86 of the Criminal Code in 2015 (ameded by Clause 13 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating decision on punishment on corporate legal entities in Vietnam for commission of multiple criminal offences:

Decision on punishment for commission of multiple criminal offences

When a corporate legal entity is tried for multiple criminal offences, the Court shall decide the punishment for each of them and combined punishment as follows:

1. Primary punishment:

a) If all punishments are fines, they shall be aggregated. Fines shall not be combined with other punishments;

b) If the punishments imposed include business suspension and permanent shutdown in the same business line, or permanent shutdown in the same business line, the combined punishment will be permanent shutdown in such business line;

c) If the punishments imposed are temporary suspension from the same business line, the combined punishment will be a suspension whose duration must not exceed 04 years;

d) If the punishments imposed include a permanent shutdown specified in Clause 2 Article 79 hereof, the combined punishment will be permanent shutdown;

dd) If the punishments imposed are suspension from various business lines, permanent shutdown from various business lines or suspension and permanent shutdown in various business lines, they will not be combined.

2. Additional punishment:

a) If all of the punishments imposed are the of the same type, the combined punishment shall not exceed the limits specified in this document applied to such punishment; fines shall be aggregated;

b) If the punishments imposed are of various types, the convicted corporate legal entity must serve all of them.

As regulations above, when a corporate legal entity is tried for multiple criminal offences, the Court shall decide the punishment as follows:

- Primary punishment:

+ If all punishments are fines, they shall be aggregated. Fines shall not be combined with other punishments;

+ If the punishments imposed include business suspension and permanent shutdown in the same business line, or permanent shutdown in the same business line, the combined punishment will be permanent shutdown in such business line;

+ If the punishments imposed are temporary suspension from the same business line, the combined punishment will be a suspension whose duration must not exceed 04 years;

+ If the punishments imposed include a permanent shutdown of corporate legal entity, which is established for the sole purpose of committing the criminal offence, the combined punishment will be permanent shutdown;

+ If the punishments imposed are suspension from various business lines, permanent shutdown from various business lines or suspension and permanent shutdown in various business lines, they will not be combined.

- Additional punishment:

+ If all of the punishments imposed are the of the same type, the combined punishment shall not exceed the limits specified in this document applied to such punishment; fines shall be aggregated;

+ If the punishments imposed are of various types, the convicted corporate legal entity must serve all of them.

Best regards!