What are the regulations on decision on a sentence for preparation of a crime or unsuccessful crime for people under 18 years old in Vietnam?

What are the regulations on decision on a sentence for preparation of a crime or unsuccessful crime for people under 18 years old in Vietnam? (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. What are the regulations on preparation for crimes and attempts in Vietnam?

1.1 Preparation for crimes

According to Article 14 of the Penal Code 2015 (amended in 2017), preparation for a crime means finding, preparing tools, equipment, or other conditions for the crime, or establishing, joining a group of criminals, except in the circumstances specified in Article 109, Point a Clause 2 Article 113, or Point a Clause 2 Article 299 hereof.

- A person who prepares for any of the crimes specified in Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207, 299, 300, 301, 302, 303, 324 of the Penal Code 2015 shall bear criminal responsibility.

- A person from 14 to under 16 years of age who prepares for any of the crimes specified in Article 123 and Article 168 of the Penal Code 2015 has to bear criminal responsibility.

1.2 Attempts

An attempt to commit a crime means an intent and conduct towards completion of a crime that does not occur for reasons not intended by the criminal.

The person who commits an unsuccessful crime has to take criminal responsibility.

(Article 15 of the Penal Code 2015)

2. What are the regulations on decision on a sentence for preparation of a crime or unsuccessful crime for people under 18 years old in Vietnam?

Pursuant to Article 102 of the Penal Code 2015, the decision on a sentence for preparation of a crime or unsuccessful crime is as follows:

- The court shall impose a sentence upon a juvenile offender for preparation of a crime or unsuccessful crime in accordance with Clause 1 Article 57 of the Penal Code 2015.

- The heaviest sentence imposed upon an offender aged from 14 to under 16 for preparation of a crime shall not exceed one third of the sentence for preparation of a crime prescribed by law.

The heaviest sentence imposed upon an offender aged from 16 to under 18 for preparation of a crime shall not exceed one third of the sentence in the bracket for preparation of a crime prescribed by law.

- The heaviest sentence imposed upon an offender aged from 16 to under 18 for unsuccessful crime shall not exceed one third of the heaviest sentence specified in Article 100 and Article 101 of the Penal Code 2015.

The heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed one half of the sentence specified in Article 99 through 101 of the Penal Code 2015.

3. Which agency has the authority to try criminal cases involving defendants who are under 18 years old in Vietnam?

According to Article 3 of Circular 02/2018/TT-TANDTC, the Family and Juvenile Court has the authority to hear the following criminal cases:

- Criminal cases involving defendants who are under 18 years old.

- Criminal cases in which the victim is a person under 18 years old who is seriously psychologically injured or needs support with living and learning conditions due to not having a healthy family environment like other people under 18 years old.

Thus, criminal cases involving defendants who are under 18 years old fall under the jurisdiction of the Family and Juvenile Court.

Nguyen Ngoc Que Anh

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