Mitigating and Aggravating Circumstances in the Disciplinary Actions for Militia and Self-Defense Forces

11:19, 10/07/2024

Recently, the Ministry of National Defense issued Circular 75/2020/TT-BQP regulating the application of disciplinary measures, order, procedures, statute of limitations, time limits, and jurisdiction for handling discipline for the militia and self-defense forces, effective August 5, 2020.

Mitigating and Aggravating Circumstances in Disciplinary Actions for Militia - Illustrative image

According to Clause 1, Article 4 of Circular 75/2020/TT-BQP, which stipulates the application of disciplinary forms, procedures, time limits, and authority for handling discipline for militia, as of August 5, 2020, mitigating circumstances in handling discipline for militia include:

- The person who violated discipline took actions to prevent or mitigate the consequences of the violation or voluntarily remedied the consequences, compensated for damages;- The person who violated discipline voluntarily confessed, sincerely repented, and actively helped the authorities detect and handle the violation;- Disciplinary violations due to being coerced or dependent on material or mental aspects.

Simultaneously, Clause 2, Article 4 of Circular 75/2020/TT-BQP also stipulates the aggravating circumstances in handling discipline for militia, specifically including:

- Repeated disciplinary violations while performing duties;- Coercing someone who is materially or mentally dependent on them;- Abusing position or authority to violate discipline;- Continuing to violate discipline despite being requested by an authority to cease such behavior;- Evading or concealing the violation after it has occurred.

For more details, see Circular 75/2020/TT-BQP, issued on June 19, 2020.

Le Vy

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