Vietnamese law is very humane in handling offenders aged under 18. So, what is the maximum imprisonment penalty imposed on offenders aged under 18?
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Vietnam: Will the maximum penalty imposed on offenders aged under 18 not exceed 18 years' imprisonment? (Illustrative image)
04 penalties imposed on offenders aged under 18 in Vietnam
Under the provisions of Article 39 and Article 40 of the Criminal Code 2015, life imprisonment and the death penalty are not imposed on offenders aged under 18.
Additionally, according to Article 98 of the Criminal Code 2015, offenders aged under 18 are subjected to only one of the following penalties for each offense:
1. Warning;
2. Fine;
3. Community sentence;
4. Imprisonment.
Thus, according to the above regulations, only 04 penalties are imposed on offenders aged under 18 in Vietnam, namely warning, fine, community sentence, and determinate imprisonment. Furthermore, life imprisonment and the death penalty are not imposed on offenders aged under 18.
The criminal responsibility of offenders aged under 18 is pursued only when necessary and must be based on their personal characteristics, the dangerous nature of the criminal acts to society, and the requirements of crime prevention. Vietnamese law always ensures the best interests of the minors and aims at educating and helping them correct their mistakes, develop healthily, and become useful citizens of society.
The maximum penalty imposed on offenders aged under 18 not exceeding 18 years' imprisonment
According to Article 101 of the Criminal Code 2015, the determinate imprisonment imposed on offenders aged under 18 is stipulated as follows:
- If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed 18 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed three quarters of the duration prescribed by law;
- If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 14 to under 16 shall not exceed 12 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed one half of the duration prescribed by law.
However, according to Clause 3, Article 103 of the Criminal Code 2015, where a juvenile offender commits multiple crimes and one or some of which are committed when he/she reaches the age of 18 and the other afterwards:
- If the sentence for the crime committed before the offender reaches the age of 18 is heavier or the same as that for the crime committed afterwards, the combined sentence shall not exceed the heaviest sentence specified in Clause 1 of this Article;
- If the sentence for the crime committed when the offender has reached the age of 18 is heavier or the same as that for the crime committed before the offender reaches the age of 18, the combined sentence shall be the same as that imposed upon an adult offender.
Thus, under the above regulations, the maximum penalty imposed on offenders aged under 18 will not exceed 18 years' imprisonment. However, in case an individual commits a crime before and after reaching the age of 18 and the penalty after reaching 18 is the death penalty, the death penalty will be imposed.
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