The Rape in Article 141 of the Criminal Code 2015 is one of the Articles amended and supplemented according to the Law on Amendments to the Criminal Code 2017 of Vietnam.
Article table of contents
| Article 141 Criminal Code 2015 | Clause 23 Article 1 Law on Amendments to the Criminal Code 2017 | Amendment |
| 1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment. | 1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment | the phrase “hoặc bằng” |
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2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment: a) The offence is committed by an organized group; b) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment; c) The offence is committed by more than one person against one person; d) The offence has been committed more than once; dd) The offence is committed against 02 or more people; e) The offence is of an incestuous nature; g) The offence results in the victim's pregnancy; h) The offence causes 31% - 60% WPI for the victim; i) The victim suffers from 11% - 45% mental and behavioral disability because of the offence; k) Dangerous recidivism. |
2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment: a) The offence is committed by an organized group; b) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment; c) The offence is committed by more than one person against one person; d) The offence has been committed more than once; dd) The offence is committed against more than one person; e) The offence is of an incestuous nature; g) The offence results in the victim's pregnancy; h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%; i) Dangerous recidivism. |
Amend the mental and behavioral disorder rate from 11 - 45% to 31 - 60% to be merged into point h Clause 2 Article 141. => Committing the crime under Point h Clause 2 Article 141 of the Criminal Code under one of the following circumstances: - Inflicting injury, causing harm to the victim’s health with a body injury rate from 31% to 60%; - Causing mental and behavioral disorders of the victim with a body injury rate from 31% to 60%. |
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3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment: a) The offence causes ≥ 61% WPI for the victim; b) The offender commits the offence in the knowledge of his HIV infection; c) The victim suffers from ≥ 46% mental and behavioral disability because of the offence; d) The offence results in the death or suicide of the victim. |
3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment: a) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%; b) The offender commits the offence in the knowledge of his HIV infection; c) The offence results in the death or suicide of the victim. |
Similarly to the amendment in Clause 2, amend the mental and behavioral disorder rate of the victim from 46% to 61% to be merged into point a Clause 3 Article 141 |
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4. The offence committed against a person aged from 16 to under 18 carries a penalty of 05 - 10 years' imprisonment. A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein. |
No amendments | |
| 5. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years. | No amendments |
