Instruction on applying mitigating factors for offenders who express cooperative attitude or contrition in Vietnam

Instruction on applying mitigating factors for offenders who express cooperative attitude or contrition in Vietnam

Recently, the Supreme People's Court has received feedback from the Courts about difficulties and obstacles in applying the mitigating circumstance "the offender sincerely declares and repented" prescribed in Point s, Clause 1, Article 51 of the Penal Code. To ensure uniform application of the law, the Supreme People's Court has the following opinion:

The episode "The offender sincerely declares and repents" is understood as the case where the offender sincerely confesses the crime and repents for what he has committed. The details "sincerely declare" and "repent" are not two independent details. Therefore, if the offender "truly declares and repents,", it is only considered a mitigating circumstance specified in Clause 1, Article 51 of the Penal Code.

Mitigating factors in Vietnam

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 or contrition;

+ The offender arduously assisting the agencies concerned in discovery of crimes or 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 a 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.

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