How are imprisonment imposed on people under 18 years of age in Vietnam?

How are imprisonment imposed on people under 18 years of age in Vietnam? (Internet image) 

According to the Criminal Code 2015, imprisonment is one of the most severe coercive measures of the State after the death penalty. Prison sentences are divided into two types, including: determinate imprisonment and life imprisonment;

How are imprisonment imposed on people under 18 years of age in Vietnam?

According to Chapter XII of the Criminal Code 2015, the principles of imposing imprisonment on people under 18 years of age are prescribed as follows:

(1) Life imprisonment and death sentence shall not be imposed upon a juvenile offender.

(2) The court shall only impose imprisonment upon a juvenile offender if it is considered that other punishments and educational measures do not have sufficient deterrent effects.

Where imprisonment is necessary, it shall be as short as is reasonable and more lenient that than applied to a person aged 18 and above (hereinafter referred to as adult offender) who commits a similar crime.

Additional punishments shall not be shall not be imposed upon a juvenile offender.

(3) Determinate imprisonment applicable to persons under 18 years of age who commit crimes:

-  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;

- 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.

Cases eligible to be exempt from criminal responsibility in Vietnam

According to Clause 2, Article 91 of the Criminal Code 2015, amended by the Law amending the Criminal Code 2017, a juvenile offender in the following cases may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter XII of the Criminal Code 2015:

- A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 of the Criminal Code 2015;

- A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 of the Criminal Code 2015;

- The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.

Supervisory and educational measures in case of exemption from criminal responsibility in Vietnam

Reprimand

A reprimand shall be issued against a juvenile offender in any the following circumstances in order to help him/her be aware of his/her criminal act, it consequences for the community, society, and his/her obligations:

- An person aged from 16 to under 18 commits a less serious crime for the first time in the circumstance specified in Point a Clause 2 Article 91 of the Criminal Code 2015;

- A person aged under 18 is an accomplice who has an insignificant role in the commission of the crime.

Reconciliation

Reconciliation shall be applied to a juvenile offender in any of the following circumstances:

- A person aged from 16 to under 18 commits a less serious crime or a serious crime in the circumstance specified in Point a Clause 2 Article 91 of the Criminal Code 2015;

- A person aged from 14 to under 16 years of age commits a very serious crime in the circumstance specified in Point b Clause 2 Article 91 of the Criminal Code 2015.

Compulsory educational measures in the commune

The investigating authority, the procuracy, or the court may apply education in the commune for 01 to 02 years to a juvenile offender in any of the following circumstances:

- A person aged from 16 to under 18 commits a less serious crime or a serious crime in the circumstance specified in Point a Clause 2 Article 91 of the Criminal Code 2015;

- A person aged from 14 to under 16 commits a very serious crime specified in Point b Clause 2 Article 91 of the Criminal Code 2015.

Truong Quang Vinh

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