Criminal liability in each stage of crime according to the 2015 Criminal Code of Vietnam

At each stage of committing a crime, the level of criminal liability will vary. The specific content will be presented in the article below:

Preparation Stage.

Preparation for committing a crime is considered one of the stages of the crime process, even though at this stage the crime has not yet employed acts that impact the target, criminal liability must still be borne according to the provisions of the Criminal Code (BLHS). However, not every crime carried out at the preparation stage implies criminal liability.

Clause 2, Article 14 of the Law on amendments to Criminal Code 2017 stipulates, "Acts committed falling into one of the crimes stipulated in the following Articles shall incur criminal liability at the preparation stage, including Articles: 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207, 299, 300, 301, 302, 303, and 324 of the Criminal Code 2015."

Individuals aged 16 and older must bear criminal liability at the preparation stage if they fall under one of the aforementioned articles; individuals aged 14 to under 16 will only bear criminal liability at the preparation stage for Articles 123, 168 of the Criminal Code 2015.

The degree of criminal liability at the preparation stage is illustrated in the table below:

Attempt Stage

Attempted crime is a stage of the crime process causing a higher degree of social danger than the preparation stage but lower than the completed crime stage. The perpetrator intentionally committed the crime but did not complete the crime for involuntary reasons.

Similar to the degree of criminal liability at the preparation stage, the determination of criminal liability at the attempt stage is based on the highest penalty of the crime. The applied penalty is limited to a certain lower rate compared to the highest penalty or the highest level of the maximum sentencing framework. Specifically:

Completed Crime Stage

A person's criminal act is considered complete when it satisfies all mandatory signs of constituting a crime. At this point, there has been an impact and consequence of the criminal act on the assaulted entity.

Therefore, depending on the nature, degree of social danger, and resulting consequences, the perpetrator must bear criminal liability within the sentencing framework stipulated in specific laws. For example: Article 141 Crime of Rape has a sentencing framework from 2 to 7 years imprisonment.

(Besides, determining the degree of criminal liability at the completed crime stage must also consider the perpetrator's age; this issue will be specifically presented in the next article).

Voluntary Abandonment of Crime

Voluntary abandonment of the crime means voluntarily not completing the crime, regardless of any prevention.

Individuals who voluntarily abandon the crime are exempted from criminal liability for the intended crime; however, if the actual act committed constitutes another crime, they shall bear criminal liability for that crime.

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