If being prosecuted for penal liability, what mitigating factors can the offender rely on to reduce the penalties in Vietnam? - Thanh Danh (Thanh Hoa, Vietnam)
Article table of contents
Summary of mitigating factors for individuals and corporate legal entity in Vietnam (Internet image)
1. Mitigating factors of criminal liability for individuals and corporate legal entity in Vietnam
1.1 Mitigating factors of criminal liability for individuals in Vietnam
According to Article 51 of the Criminal Code 2015 (amended in 2017), the following circumstances are considered mitigating factors:
- 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 and/or contrition;
- The offender fully cooperates with responsible for authorities in discovery of crimes or during the 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 revolutionist, parent, spouse or child of a war martyr or war veteran.
When issuing a decision on sentences, the Court might consider the offender's turning himself/herself in or other circumstances as mitigating factors and specify the reasons in the judgment.
- If a circumstance defined as a mitigating factor in Criminal Code 2015 is the basis for determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on sentences.
1.2 Mitigating factors of criminal liability for corporate legal entity in Vietnam
For commercial legal entities, there are 05 mitigating circumstances of criminal liability specified in Article 84 of the Criminal Code 2015 (amended in 2017), including:
- The offender has prevented or reduced the harm caused by the criminal offence;
- The offender voluntarily makes rectification, pays damages or relieves the consequences;
- The criminal offence has not caused any damage or the damage caused is insignificant;
- The offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;
- The offender has considerable contributions to implementation of social policies.
When deciding the punishments, the Court might consider the offender's other circumstances as mitigating factors and specify the reasons in the judgment.
If a circumstance defined as a mitigating factor this document is the basis for determination of a crime or punishment bracket, it shall not be considered a mitigating factor in the decision on punishments.
2. Decision on a sentence below lower limit of the sentence bracket under Criminal Code of Vietnam
Pursuant to Article 54 of the Criminal Code 2015 (amended in 2017), the decision on penalties below the lowest level of the penalty bracket shall be applied according to the following provisions:
- The Court may decide a sentence lighter than the lower limit of the current sentence bracket if it is in the next lighter bracket provided the offender has at least two mitigating factors specified above.
- The Court may decide a sentence below the lower limit of the current sentence bracket and it is not required to belong to the next lighter bracket provided the offender is an abettor with a minor role in the offense and does not have prior criminal record.
- If all of the conditions specified above are satisfied but there is only one sentence bracket or the current sentence bracket is already most lenient, the Court may switch over to a lighter sentence. The reasons for imposition of a lighter sentence must be specified in the judgment.
The reason for the mitigation must be clearly stated in the judgment.
Nhu Mai
