The issue of compensation for damages is raised with the purpose of remedying the consequences for the harmed party. So in a criminal case, if damages have been compensated, is imprisonment still required?
Article table of contents
Having compensated for damage, is it not necessary to go to prison? (Illustrative photo)
1. Compensation for Damage in Criminal Cases
Compensation for damage is considered and resolved concurrently in criminal cases.
To be specific: such as demanding the return of misappropriated property; demanding compensation for the value of properties seized by the defendant but lost or destroyed; mandating the repair of damaged property; reasonable expenses for preventing or remedying damage caused by misappropriated property; demanding compensation for damage caused to life, health, honor, dignity, or reputation, etc.
2. Having Compensated for Damage Still Requires Imprisonment
Cases where compensation does not exempt from criminal liability
First, this depends on the dangerous level of the crime committed. For all very serious and especially serious crimes, the behavior causing danger and damage to society is significant, so compensation cannot exempt from punishment. To serve as a deterrent and firmly eliminate these illegal actions, the law does not provide for exemption from criminal liability. Compensation is just a mitigating factor for the person committing the act.
Cases where compensation may exempt from criminal liability
According to Clause 3, Article 15 of the Criminal Code 2015:
A person who commits a serious crime due to unintentionality or a less serious crime causing damage to life, health, honor, dignity, or property of others, has voluntarily repaired, compensated for the damage or remedied the consequence, and is voluntarily reconciled and requested for exemption from criminal liability by the victim or the victim's lawful representative, may be exempt from criminal liability.
However, not all such crimes can be exempted. Article 155 of the Criminal Procedure Code 2015 stipulates that criminal cases are only prosecuted upon the request of the aggrieved party (or the representative of aggrieved party under 18, person with mental or physical disabilities, or deceased person) for the following crimes from Clause 1:
- Intentionally causing injury or harm to the health of others;- Intentionally causing injury or harm to the health of others in a state of strong emotional agitation;- Intentionally causing injury or harm to the health of others by exceeding the limits of justifiable defense or in necessary apprehension of offenders;- Unintentionally causing injury or harm to the health of others;- Unintentionally causing injury or harm to the health of others due to violation of professional or administrative rules;- Rape;- Coercive sexual intercourse;- Insulting others;- Defamation;- Infringement of industrial property rights;
Therefore, to be exempt from criminal liability, the two sides should reconcile, agree on the damage compensation amount, and commit not to file charges (preferably in writing). Additionally, Article 155 of this Law also stipulates that if the person requesting prosecution withdraws the request, the case must be dismissed. Thus, after prosecuting the case, if an agreement on compensation and reconciliation is reached, the offender will not be held criminally liable.
Besides, according to Article 51 of the Criminal Code 2015, the offender voluntarily repairing, compensating for the damage, or remedying the consequence is just one of the mitigating circumstances. This is entirely reasonable with the principle of leniency in criminal law for those who voluntarily repair or compensate for the damage caused.
Thus, the notion that compensation for damage will exempt from imprisonment is entirely incorrect. Depending on the seriousness of the action and whether the victim files a request, the offender will be considered for exemption or reduction of criminal liability.
Legal Basis:
