7 cases of causing death that are exempt from criminal responsibility in Vietnam

20:58, 10/07/2024

According to the current legal regulations, acts causing harm to another person's life are subject to fixed-term imprisonment, life imprisonment, or even the death penalty. However, there are certain exceptions where the individual causing the death may be exempt from criminal liability.

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No.	Cases of exemption from criminal responsibility	Legal Basis	Notes
1	Unexpected Event	Article 20 Criminal Code 2015	A person who performs an act causing harmful consequences to society in a situation where they could not foresee or were not obligated to foresee the consequences of that act, shall not be subject to criminal liability.
2	Lack of criminal capacity	Article 21 Criminal Code 2015	A person who performs a socially dangerous act while suffering from a mental illness or other illness that results in the loss of cognitive ability or control over their actions, shall not be subject to criminal liability.
3	Legitimate Defense	Article 22 Criminal Code 2015	- Legitimate defense is the act of a person protecting their legitimate rights or interests, those of others, or the interests of the State, agencies, or organizations by necessarily counterattacking someone who is infringing upon these interests. Legitimate defense is not a crime. - However, a person who exceeds the limits of legitimate defense shall be criminally liable in accordance with the Criminal Code 2015.
4	Urgent circumstances	Article 23 Criminal Code 2015	- An emergency situation exists when a person, in order to prevent harm to their legal rights, those of others, or the interests of the State, agencies, or organizations, has no other way but to cause a lesser harm than the harm needing to be prevented. Acts causing harm in an emergency situation are not crimes. - However, if the harm caused clearly exceeds the requirements of the emergency situation, the person causing that harm shall still be criminally liable.
5	Causing Harm During the Arrest of an Offender	Article 24 Criminal Code 2015	- A person who, in order to arrest an offender, has no other way but to necessarily use force causing harm to the arrested person, is not committing a crime. - If the harm caused by the use of force clearly exceeds what is necessary, the person causing the harm shall be criminally liable.
6	Risks in Research, Experimentation, Application of Scientific, Technical and Technological Advances	Article 20 Criminal Code 2015	- Acts causing harm while conducting research, experimentation, and application of new scientific, technical and technological advances that comply with proper procedures, regulations, and preventive measures, are not crimes. - Anyone who does not comply with proper procedures, regulations, or who fails to apply preventive measures causing harm shall still be criminally liable.
7	Executing Orders from a Commander or Superior	Article 20 Criminal Code 2015	A person causing harm while executing the orders of a commander or superior in the armed forces to carry out national defense and security tasks, if they have fully complied with reporting procedures and the person giving the order insists on implementation, shall not be criminally liable. In such cases, the person giving the order shall be criminally liable.

Legal Grounds: Criminal Code 2015 effective from January 1, 2018.

- Nguyen Trinh -

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