Committing Crimes Under the Cases Specified in Clause 1, Article 222 of the Penal Code

to society, but assume that the consequences will not occur or can be prevented.

B. SPECIFIC CRIMINAL CASES

1. Committing crimes under the cases specified in Clause 1, Article 222 of the Penal Code

Maybe you are interested!

• Stages of committing crimes under Vietnamese criminal law from the practice of Da Nang city - 11
• Results of the First Instance Trial for Defendants Committing Crimes of Violating Road Traffic Safety Order from 2005 - 2009
• Distinguishing HIV-Related Crimes and Aggravating Circumstances: “Knowing You Are Infected With HIV But Still Committing a Crime”
• Committing a Crime Under the Cases Specified in Clause 1, Article 295 of the Penal Code
• Procedures for Trial of Cases Involving Minor Defendants

According to the provisions of Clause 1, Article 222 of the Penal Code, a person who commits the crime of operating an aircraft into or out of Vietnam in violation of the following regulations:

on aviation of the Socialist Republic of Vietnam may be subject to

fine from one hundred million dong to three hundred million dong or imprisonment from

six months to three years, is a less serious crime.

When deciding on the penalty for a criminal, if the criminal commits an act unintentionally, with many mitigating circumstances as prescribed in Article 46 of the Penal Code, without aggravating circumstances or if there are, the degree of aggravation is insignificant, then a fine or a prison term of less than 6 months may be imposed. If the criminal commits an act intentionally, with many aggravating circumstances as prescribed in Article 48 of the Penal Code, without mitigating circumstances or if there are, the degree of aggravation is insignificant, then the penalty may be up to three years in prison.

For foreigners who commit this crime, the Court should apply a fine as the main punishment, and should not apply imprisonment, even in cases of intentional crime.

2. Committing crimes under the cases specified in Clause 2, Article 222 of the Penal Code

Clause 2, Article 222 of the Civil Code

criminal law

only

prescribe a case

crime, that is crime with serious consequences.

As with other offences in this chapter, while

There is no guidance on what constitutes serious consequences due to regulatory behavior.

flying an aircraft into or out of Vietnam in violation of aviation regulations

not of the Socialist Republic of Vietnam

Vietnamese meaning

maybe

manipulate

Joint Circular No. 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25, 2001 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of Justice guiding the application of a number of provisions in

Chapter XIV "Crimes against property" of the 1999 Penal Code for cases causing serious consequences. Serious consequences caused by the act of operating an aircraft into or out of Vietnam in violation of aviation regulations of the Socialist Republic of Vietnam are material or immaterial damages caused to the Socialist Republic of Vietnam. Specifically:

- Kill a person;

- Causing injury or damage to the health of one to two people with a disability rate of 61% or more for each person;

- Causing injury or damage to the health of three to four people with each person's disability rate from 31% to 60%;

- Causing injury or damage to the health of many people with the total disability rate of all these people from 61% to 100%;

- Causing injury or damage to the health of many people with a total disability rate of 31% to 60% and also causing property damage worth from 30 million VND to less than 50 million VND;

- Causing property damage worth from 50 million VND to under 500 million VND

million dong

In addition to the damage to life, health and property, practice shows that there may also be non-material consequences, such as negative impacts on the implementation of the Party's guidelines and State policies, affecting security, order and social safety... In these cases, it is necessary to assess the seriousness of the consequences caused by the crime on a case-by-case basis.

Committing a crime with serious consequences, the offender shall be fined from three hundred million to five hundred million dong or imprisoned from two to seven years, which is a serious crime.

When deciding on the penalty for a criminal under the provisions of Clause 2, Article 222 of the Penal Code, if the criminal commits an act unintentionally, the consequences caused, although serious, are of a high level.

lower than other serious consequences (damage from 50 million to under 100 million VND), with many mitigating circumstances stipulated in Article 46 of the Penal Code, without aggravating circumstances or if there are, the level of aggravating circumstances is insignificant, then a fine or a prison sentence of less than two years may be imposed. If the offender commits the act intentionally

meaning, consequence

cause to some extent

greater than the case of consequences

serious

other serious (causing injury or damage to the health of three to four people with each person's disability rate from 50% to 60%), with many situations

aggravating circumstances stipulated in Article 48 of the Penal Code, there are no circumstances

If the offence is mitigated or if the mitigation is insignificant, then the penalty may be up to seven years' imprisonment.

3. Committing crimes in the cases specified in Clause 3, Article 222 of the Penal Code

Clause 3 of the law stipulates two circumstances as factors in determining the penalty, but they have different natures and levels of danger to society.

that is "consequential"

very serious and consequential

especially serious

serious”. This is not the only case, but in some laws, lawmakers also stipulate two aggravating circumstances of criminal responsibility with different levels of danger in the same penalty framework, as we have analyzed, which is inappropriate. Hopefully, when amending and supplementing the Penal Code, this issue will be given attention.

As

for the case of consequences

serious, so far

There is no official explanation or guidance on what constitutes very serious or especially serious consequences caused by the act of operating an aircraft into or out of Vietnam in violation of the aviation regulations of the Socialist Republic of Vietnam, so it is possible to apply Joint Circular No. 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25, 2001 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of Justice guiding the application of a number of provisions in Chapter

XIV "Crimes against property

"property" of the Ministry

criminal law

1999 for

cases causing very serious or especially serious consequences to determine very serious or especially serious consequences caused by the act of operating an aircraft into or out of Vietnam in violation of aviation regulations of the Socialist Republic of Vietnam. Specifically:

If an aircraft is operated into or out of Vietnam in violation of the aviation regulations of the Socialist Republic of Vietnam, causing the following consequences, it is considered to have caused very serious consequences:

- Killed two people;

- Causing injury or damage to the health of three to four people with each person's disability rate of 61% or more;

- Causing injury or damage to the health of five to seven people with each person's disability rate from 31% to 60%;

- Causing injury or damage to the health of many people with a total disability rate of all these people from 101% to 200%, if not in the case of three to four people with an injury rate of

each person's disability

61% or more

up to five to seven people at a rate of

disability of each person from 31% to 60%;

- Causing property damage worth from 500 million VND to less than one billion five hundred million VND.

If an aircraft is operated into or out of Vietnam in violation of the aviation regulations of the Socialist Republic of Vietnam and causes the following consequences, it is considered to have caused particularly serious consequences:

- Causing the death of three or more people;

- Killed two people and caused more

damage to one's health

two people with a disability rate of 31% or more each;

- Killed one person and also damaged the health of three others.

four people with a disability rate of 31% or more each;

- Causing harm to the health of five or more people with each person's disability rate from 31% or more;

- Causing property damage worth from one billion five hundred million dong or more

go up.

In addition to the damage to life, health and property, practice shows that there may also be non-material consequences, such as negative impacts on the implementation of the Party's guidelines and State policies, affecting security, order and social safety... In these cases, it depends on

Each specific case is used to assess whether the consequences of the crime are very serious or especially serious.

Committing a crime under the provisions of Clause 3, Article 222 of the Penal Code, the offender may be fined from five hundred million to one billion VND or imprisoned from five to ten years, which is a very serious crime.

If the offender has many mitigating circumstances as prescribed in Article 46 of the Penal Code, there are no aggravating circumstances or if there are, the level of aggravating circumstances is insignificant, the crime only causes very serious consequences, then a fine or a prison sentence of less than five years, but not less than two years, may be imposed.

If the offender has many aggravating circumstances as prescribed in Article 48 of the Penal Code, has no mitigating circumstances or if there are mitigating circumstances, the level of mitigating circumstances is insignificant, and the crime causes particularly serious consequences, he/she may be sentenced to up to ten years in prison.

4. Judicial measures against offenders

Clause 4 of the law stipulates that “aircraft may be confiscated” is a judicial measure and not an additional penalty. Therefore, when applying Clause 4, Article 222 of the Penal Code, it should not be considered an additional penalty.

5. CRIME OF DRIVING MARITIME VEHICLES IN VIOLATION OF THE REGULATIONS

MARITIME REGULATIONS OF THE SOCIALIST REPUBLIC OF CHINA

VIETNAMESE MEANING

Article 223. Crime of operating maritime vehicles in violation of maritime regulations of the Socialist Republic of Vietnam

1. Any person who operates a ship or other maritime vehicle entering or leaving Vietnam or passing through Vietnam's territorial waters in violation of the following regulations:

about

Maritime of the Socialist Republic of Vietnam

Vietnamese meaning, if

not falling under the cases specified in Articles 80 and 81 of this Code,

shall be fined from fifty million to two hundred million dong or imprisoned from three months to two years.

2. Committing a crime causing serious consequences shall be subject to a fine of from two hundred million to five hundred million Dong or imprisonment from one to three years.

3. Committing a crime with very serious or especially serious consequences

heavy, then

fine from

five hundred million to eight hundred million dong

or imprisonment from three to seven years.

4. Maritime vehicles may be confiscated.

Definition : Operating a maritime vehicle in violation of regulations

on maritime of the Socialist Republic of Vietnam is the act of

A person who operates a ship or other maritime vehicle entering or leaving Vietnam and violating the maritime regulations of the Socialist Republic of Vietnam.

Vietnamism and not falling under the category of espionage

prescribed in Article 80 of the Penal Code and the crime of violating territorial security

as prescribed in Article 81 of the Penal Code.

The crime of operating a maritime vehicle in violation of maritime regulations of the Socialist Republic of Vietnam is a crime stipulated in Article 91 of the 1985 Penal Code as a crime against national security. Now, due to the requirements of the fight against crime, lawmakers no longer classify it as a crime against national security but as a crime against public order.

Compared with Article 91 of the 1985 Penal Code, Article 223 of the 1999 Penal Code has the following amendments and supplements:

Regarding the name of the crime, Article 91 of the 1985 Penal Code stipulates "crime of violating maritime regulations", now Article 223 of the 1999 Penal Code stipulates more specifically, that is "crime of operating maritime vehicles in violation of

regulations on the South".

air

of the Socialist Republic of Vietnam

Vietnamese meaning

Article 223 of the 1999 Penal Code consists of 4 clauses, of which clauses 2 and 3 are aggravating, clause 4 stipulates measures to handle means used to commit crimes (not an additional penalty);

Add the circumstance "causing very serious or especially serious consequences"

"serious" is the element that determines the penalty in Clause 3 of the article; regarding the penalty, although Clause 3 is added, the highest penalty for the crime is

This offence remains punishable by seven years in prison; the fine as the main penalty is also re-regulated accordingly.

A. BASIC SIGNS OF CRIME

1. Signs belonging to the subject of the crime

The subject of this crime is not a special subject. However, only the operator of a ship or other maritime vehicle is the subject of this crime.

The subjects of this crime can be Vietnamese but mainly foreigners, stateless people, because this crime mainly violates territorial security, violates maritime agreements between countries.

Vietnam with countries in the world.

The operator of a maritime vehicle can be one person or more than one person (Crew). However, if it is an organized crime, the other accomplices do not necessarily have to be the operators of the maritime vehicle.

2. Signs belonging to the object of the crime

like

Although this crime is no longer a crime against national security as before, due to the dangerous nature of the act of controlling

maritime means, so in addition to violating maritime safety, this crime also violates territorial security at sea.

The subjects of this crime are aircraft including: Ships and other maritime vehicles such as: boats and other floating structures, with or without engines, specializing in operating at sea.

3. Objective signs of crime

a. Objective behavior

The offender committed the only objective act which was the violation of maritime regulations of the Socialist Republic of Vietnam.

South about

ship control

and other marine vehicles entering

or out of Vietnam territory.

If we only consider objective behavior, then the objective behavior of

This offender's behavior is similar to the objective behavior of the offender "violating regulations on controlling water vehicles" prescribed

in Article 212 of the Penal Code. However, the offender "violating the provisions of

"Driving a water vehicle" only violates regulations on waterway traffic safety and order, while those who commit the crime of violating maritime regulations of the Socialist Republic of Vietnam violate regulations on entering or leaving the territory of Vietnam.

Drivers of maritime vehicles entering or leaving Vietnamese territory may not violate traffic safety regulations.

waterway, which only violates the regulations of the Socialist Republic of Vietnam.

Vietnamese meaning of

enter, exit territory

Vietnam like: like driving a ship into

Vietnamese territory without permission from the competent authority of the Socialist Republic of Vietnam.

Basis for determining the behavior of controlling maritime vehicles into

or leaving the territory of Vietnam violates the aviation regulations of the Socialist Republic of Vietnam or not are the regulations

of the Vietnam Maritime Law and the provisions of participation or approval in the maritime field.

international convention

that Vietnam

b. Consequences

The consequences of violating regulations on controlling maritime vehicles entering or leaving the territory of Vietnam are not mandatory signs for this crime, but determining the consequences is very necessary.

If the consequences are serious, very serious or exceptional

In serious cases, depending on the case, the offender will be prosecuted under Clause 2 or Clause 3 of the law.

c. Other objective signs

In addition to objective behavior, for this crime, the legislator stipulates a number of other objective signs as mandatory signs of its composition, namely: provisions of the Maritime Law and international treaties that Vietnam participates in or ratifies in the maritime field and criminal acts that do not fall under the provisions of Articles 80 and 81 of the Penal Code.