9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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According to Article 29 of the Criminal Code 2015 (as amended in 2017), the grounds for exemption from criminal liability for an offender are as follows:
– During the investigation, prosecution, or trial process, due to changes in State policies or laws, the criminal act is no longer dangerous to society.
– Accordingly, the basis for determining that, due to changes in circumstances, the criminal act is no longer dangerous to society is based on relevant State regulations concerning the criminal act contained in legal documents: Constitution, Laws, Ordinances, Resolutions…
– When a general amnesty decision is issued.
– Pursuant to Article 70 of the 2013 Constitution, only the National Assembly has the authority to decide on general amnesty. Such decisions are issued on major national occasions to exempt criminal liability for certain categories of crimes.
In addition, under Article 29 of the Criminal Code 2015 (as amended in 2017), an offender may be considered for exemption from criminal liability if falling into the following cases:
– During investigation, prosecution, or trial, it is found that the offender is no longer dangerous to society due to changes in circumstances;
– The offender suffers from a serious/terminal illness leading to no longer having the ability to cause danger to society;
– Before the criminal act is discovered, the offender voluntarily self-surrenders, fully discloses the facts, effectively contributes to the detection and investigation of the crime, makes every effort to limit the consequences of the crime to the lowest level, and achieves great merits or has special contributions recognized by the State and society.
Furthermore, pursuant to Clause 3, Article 29 of the Criminal Code 2015 (as amended in 2017), a person who commits a serious crime by negligence or a less serious crime may also be considered for exemption from criminal liability, specifically:
– A person who commits a serious crime by negligence or a less serious crime causing damage to the life, health, honor, dignity, or property of another person, who has voluntarily remedied, compensated for the damage, or rectified the consequences, and the victim or their lawful representative has voluntarily reconciled and requested exemption from criminal liability, may be exempted from criminal liability.
ARTICLE 157. GROUNDS FOR NON-INITIATION OF A CRIMINAL CASE
A criminal case shall not be initiated when one of the following grounds exists:
1. No criminal act has occurred;
2. The act does not constitute a crime;
3. The person committing the socially dangerous act has not reached the age of criminal liability;
4. The person’s criminal act has already been subject to a legally effective judgment or decision to terminate the case;
5. The statute of limitations for criminal prosecution has expired;
6. The crime has been subject to general amnesty;
7. The person committing the socially dangerous act has died, except in cases requiring retrial in respect of another person;
8. The crimes specified in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code where the victim or their representative does not request prosecution.
Clause 8, Article 157 of the 2015 Criminal Procedure Code
These crimes are respectively: The crime of intentional infliction of injury or harm to another’s health; The crime of intentional infliction of injury or harm to another’s health in a state of strong mental agitation; The crime of intentional infliction of injury or harm to another’s health due to exceeding the limits of legitimate self-defense or exceeding the necessary level when apprehending an offender; The crime of unintentional infliction of injury or harm to another’s health; The crime of unintentional infliction of injury or harm to another’s health due to violation of occupational or administrative regulations; The crime of rape; The crime of coercive sexual intercourse; The crime of insulting another person; The crime of slander; and The crime of infringement of industrial property rights.
Accordingly, the regulation on initiating a criminal case upon the victim’s request has removed the application to Clause 1, Article 226 of the Criminal Code (Crime of infringement of industrial property rights).
The provision remains unchanged that a criminal case may only be initiated for crimes specified in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code when there is a request from the victim. Specifically:
– The crime of intentional infliction of injury or harm to another’s health (Article 134);
– The crime of intentional infliction of injury or harm to another’s health in a state of strong mental agitation (Article 135);
– The crime of intentional infliction of injury or harm to another’s health due to exceeding the limits of legitimate self-defense or exceeding the necessary level when apprehending an offender (Article 136);
– The crime of unintentional infliction of injury or harm to another’s health (Article 138);
– The crime of unintentional infliction of injury or harm to another’s health due to violation of occupational or administrative regulations (Article 139);
– The crime of rape (Article 141);
– The crime of coercive sexual intercourse (Article 143);
– The crime of insulting another person (Article 155);
– The crime of slander (Article 156).
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41