What are mitigating factors and aggravating factors under the law in Vietnam? - Thao Han (Bac Ninh)
Mitigating factors and aggravating factors under the law in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Article 51 of the Penal Code 2015 (amended in 2017), 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 and/or contrition;
- The offender fully cooperates with responsible for authorities in discovery of crimes or during the 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 revolutionist, 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.
If a circumstance defined as a mitigating factor in the Penal Code 2015 (amended in 2017) is the basis for the determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on sentences.
The following circumstances are considered aggravating factors:
- Organized crime;
- The crime is committed in a professional manner;
- The offender abuses his/her position or power to commit the crime;
- The crime is of a gangster-like nature;
- The crime is committed by despicable motives;
- The offender is determined to commit the crime to the end;
- The offence has been committed more than once;
- Recidivism or dangerous recidivism;
- The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;
- The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited or a person who is financially, spiritually, professionally or otherwise dependent on the offender;
- The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;
- The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;
- The offender uses a trick or instrument capable of harming many people to commit the crime;
- The offender incites a person aged under 18 to commit the crime;
- The offender has deceitful or violent actions to conceal the crime.
Circumstances defined by the Penal Code 2015 (amended in 2017) as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.
(Article 52 of the Penal Code 2015 (amended in 2017))
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