Regulations on judicial measures under Criminal Code in Vietnam

Regulations on judicial measures under Criminal Code in Vietnam (Internet image)

1. Judicial measures under Criminal Code in Vietnam

In Article 46 of the Criminal Code 2015 amended in 2017, the judicial measures are as follows:

- Judicial measures taken against a person committing a crime include:

= Confiscation of money and items directly related to the crime;

= Return, repair of property or provision of compensation; offering of public apology;

= Mandatory disease treatment.

- Judicial measures taken against a corporate legal entity committing a crime include:

= Confiscation of money and items directly related to the crime;

= Return, repair of property or provision of compensation; offering of public apology;

= Restoration of original state;

= Implementation of other measures for mitigation and prevention of consequences.

2. Confiscation of money and items directly related to the crime in Vietnam

Pursuant to Article 47 of the Criminal Code 2015 amended in 2017, confiscation of money and items directly related to the crime is as follows:

- Expropriation or destruction shall be applied to:

= Instruments, vehicles used for the commission of the crime;

= Items or money earned from the commission of the crime or from selling, exchanging them; illegal profits earned from the commission of the crime;

= Items banned from trading and possession by the State.

- Items and money illegally appropriated or used by the offender shall be returned to their lawful owners or managers instead of being confiscated.

- Items, money under the ownership of a person might be confiscated if such person allows the offender to use them for the commission of the crime.

3. Return, repair of property or provision of compensation; offering of public apology in Vietnam

Article 48 of the Criminal Code 2015 amended in 2017 provides for the return of property, repair or compensation for damage; forced to publicly apologize as follows:

- The offender must return appropriated property to its lawful owner or manager, make repair or provide compensation for the damage caused by the crime.

- If the offence results in psychological trauma of the victim, the court shall require the offender to provide compensation in kind and offer a public apology.

4. Mandatory disease treatment in Vietnam

Mandatory disease treatment are specified in Article 49 of the Criminal Code 2015 amended in 2017 as follows:

- For aperson who commits an act dangerous to society while suffering from a disease specified in Article 21 of the Criminal Code 2015 amended in 2017:

The Procuracy or Court, according to the forensic examination conclusion or mental forensic examination, shall decide to send him/her to a specialized medical facility for mandatory treatment.

- If a person has criminal capacity when committing the crime but loses his/her awareness or control of his/her acts before conviction, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment.

After the disease is treated, that person might bear criminal responsibility.

- If a person serving an imprisonment sentence suffers from a diseases that causes him/her to loses his/her awareness or control of his/her acts, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment.

After the disease is treated, that person shall keep serving the sentence if there are no reasons to do otherwise.

The duration of mandatory treatment shall be deducted from the imprisonment duration.

Ngoc Nhi

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