The regime of exemption from criminal liability in Vietnamese criminal law

67. Tran Quang Tiep (2004), "The role of the family in implementing non-deprivation of liberty penalties and judicial measures", State and Law , (2).

68. Supreme People's Court (1975), Systematization of criminal law , Hanoi.

69. Supreme People's Court (2001), Theoretical and practical basis for applying the General Part of the 1999 Penal Code , Ministry-level scientific research project, No. 2000/98/040/DT, Hanoi.

70. Supreme People's Court (2001), Statistics on the trial situation of the Court sector in the fourth quarter of 2000 and the first 9 months of 2001 .

71. Supreme People's Court (2002), Statistics on the trial situation of the Court sector in the fourth quarter of 2001 and the first 9 months of 2002 .

Maybe you are interested!

72. Supreme People's Court (2003), Statistics on the trial situation of the Court sector in the fourth quarter of 2002 and the first 9 months of 2003 .

73. Nguyen Duc Tuan (2002), "Some opinions on self-confession and surrender in the 1999 Penal Code", Procuracy Newsletter , Spring issue.

74. Do Xuan Tuu (1992), "Public security sentence for exemption from criminal liability", Procuracy , (1).

75. Dao Tri Uc (Editor-in-Chief) (1993), Theoretical model of the Vietnamese Penal Code (General part) , Social Sciences Publishing House, Hanoi.

76. Dao Tri Uc (Editor-in-Chief) (1994), Theoretical issues of criminal law innovation in the current period , People's Police Publishing House, Hanoi.

77. Dao Tri Uc (Editor-in-Chief) (1994), Criminology, criminal law and criminal procedure law , National Political Publishing House, Hanoi.

78. Dao Tri Uc (2000), Vietnamese Criminal Law (Volume I - General issues), Social Sciences Publishing House, Hanoi.

79. Ninh Binh Provincial People's Procuracy (1997), Special Topic: Improving the quality of decisions to suspend cases and suspend defendants in criminal proceedings , August 22.

80. Ninh Binh Provincial People's Procuracy (1999), Summary of one year of implementing the topic "Improving the quality of decisions to suspend cases and suspend defendants in criminal proceedings" , April 1.

81. Thai Nguyen Provincial People's Procuracy (2001), Decision to suspend defendant No. 02/KSĐT against Vu Ngoc Quyet for the crime of abusing trust to appropriate socialist property , dated June 13.

82. Thai Nguyen Provincial People's Procuracy (2001), Decision to suspend defendant No. 03/KSĐT against Nguyen Quang Vinh for the crime of intentionally violating... causing serious consequences , dated June 13.

83. Supreme People's Procuracy (1997), Notice of experience withdrawal on suspension and temporary suspension of investigation , November 7.

84. Supreme People's Procuracy (2000), Report on suspension of investigation and temporary suspension of investigation in 2000 .

85. Supreme People's Procuracy (2001), Report on suspension of investigation and temporary suspension of investigation in the first 9 months of 2001 .

86. Supreme People's Procuracy (2002), Report on suspension of investigation and temporary suspension of investigation in 2002 .

87. Supreme People's Procuracy (2003), Report on suspension of investigation and temporary suspension of investigation in 2003 .

88. Vo Khanh Vinh (1997), Criminal responsibility for crimes related to positions , People's Police Publishing House, Hanoi.

89. Vo Khanh Vinh (Editor-in-Chief) (2001), Vietnamese Criminal Law Textbook (General Part) , Education Publishing House, Hanoi.

90. VnExpress.net (2002), The Nam Cam Case: Nguyen Minh Tuan is exempted from prosecution , November 23.

91. VnExpress.net (2002), Proposal to suspend criminal prosecution at Fafilm Vietnam , February 7.

92. VnExpress.net (2003), Exemption from criminal liability for former director of Agrimexco , October 9.

93. VnExpress.net, Suspending investigation into suspect of destroying citizen's property , November 7.

RUSSIAN (translated into Vietnamese)

94. Kelina XG (1974), Theoretical problems of criminal liability exemption, Science Publishing House, Moscow.

ENGLISH

95. Barry M Hager (1999), The Rule of Law, A Lexicon for Policy Makers. The Mansfield center for pacific affairs.

96. Michael Bogdan (Editor) (2000), Swedish Law in the New Millennium, Norstedts Juridik, Printed in Sweden by Elanders Gotab, Stockholm.

97. English Kevin's law glossary: exemption from criminal liability, Http://www.kevinboone.com/lawglos_exemption_from_criminal_abiity.html , October 9, 2003 .

APPENDIX

Appendix 1

THEORETICAL MODEL OF THE NORMS OF THE REGULATION OF EXEMPTION FROM CRIMINAL LIABILITY

Accordingly, the Chapter on exemption from criminal liability will include 15 articles with the following contents:

" Chapter ...

CRIMINAL EXEMPTION

Article...: Concept of exemption from criminal liability (new)

1. Exemption from criminal liability is the cancellation of the legal consequences of committing a crime for a person considered to be at fault in committing that act when there is one of the grounds specified in Articles from Article ..... to Article ..... of this Code.

2. Based on the specific circumstances of the case, a person exempted from criminal liability may still be subject to one or more coercive measures in criminal, administrative, civil or labor proceedings or disciplinary measures .

Article...: Cases of exemption from criminal liability (new)

Based on the specific circumstances specified in Articles from Article ..... to Article ..... of this Code, a criminal is or may be exempted from criminal liability when there is one of the following grounds:

a) Exemption from criminal liability due to voluntary termination of the crime.

b) Exemption from criminal liability due to change of circumstances.

c) Exemption from criminal liability due to repentance.

d) Exemption from criminal liability due to amnesty decision.

d) Exemption from criminal liability for minors who commit crimes.

e) Exemption from criminal liability for persons committing espionage.

f) Exemption from criminal liability for those who commit the crime of bribery .

g) Exemption from criminal liability for those who commit the crime of acting as bribery brokers.

h) Exemption from criminal liability for offenders who fail to report crimes.

i) Exemption from criminal liability due to reconciliation between the victim and the offender.

j) Exemption from criminal liability for pregnant women in especially difficult circumstances.

k) Exemption from criminal liability for elderly offenders.

l) Exemption from criminal liability for criminals with serious disabilities and serious illnesses.

Article...: Exemption from criminal liability due to voluntary termination of a crime halfway through (Article 19 of the 1999 Penal Code)

1. (Can be kept the same as in the 1999 Penal Code).

2. An accomplice shall be exempted from criminal liability if the active measures they apply have prevented the perpetrator from committing the crime to the end .

3. The organizer or instigator may be exempted from criminal liability if the active measures they applied prevented the perpetrator from committing the crime to the end .

Article...: Exemption from criminal liability due to change of circumstances

(Clause 1, Article 25 of the 1999 Penal Code)

Although an act has the form of a crime specified in the Section on Crimes of this Code , if during the investigation, prosecution or trial, due to a change in the situation, the criminal act or the offender is no longer dangerous to society, the offender shall be exempted from criminal liability.

Article...: Exemption from criminal liability due to repentance (Clause 2, Article 25 of the 1999 Penal Code)

Although an act has the formal signs of a crime specified in the Section on Crimes of this Code , if before the crime is discovered, the offender confesses, clearly states the facts, effectively contributes to the discovery and investigation of the crime and tries to minimize the consequences of the crime, he may also be exempted from criminal liability.

Article...: Exemption from criminal liability due to amnesty decision (Clause 3, Article 23 of the 1999 Penal Code).

(Can be kept the same as in the 1999 Penal Code).

Article...: Exemption from criminal liability for minors who commit crimes (Clause 2, Article 69 of the 1999 Penal Code).

Minors who commit less serious crimes or serious crimes but cause little harm, have many mitigating circumstances and are supervised and educated by their families or organizations may be exempted from criminal liability .

Article...: Exemption from criminal liability for persons committing espionage (new)

A person who commits the crime of espionage as prescribed in Article 80 of this Code, if he/she only accepts to be a spy, but does not perform the assigned task and confesses and honestly reports to the competent State agency, shall be exempted from criminal liability.

Article...: Exemption from criminal liability for persons committing the crime of bribery (new)

A person who commits the crime of bribery as prescribed in Article 289 of this Code, although not forced, but proactively reports before being discovered, may be exempted from criminal liability and have part or all of the property used for bribery returned.

Article...: Exemption from criminal liability for persons committing the crime of acting as bribery intermediaries (new)

A person who commits the crime of acting as a bribery broker as prescribed in Article 290 of this Code , but has proactively reported it before being discovered, may be exempted from criminal liability.

Article...: Exemption from criminal liability for offenders who fail to report crimes (new)

A person who commits a crime but fails to report a crime as prescribed in Article 314 of this Code , but takes action to prevent the crime or limit the harm caused by the crime, may be exempted from criminal liability.

Article...: Exemption from criminal liability due to reconciliation between the victim and the offender (new)

If a person commits a minor crime for the first time or commits a serious crime unintentionally and in a minor case, but if that person has reconciled with the victim and voluntarily compensates for the damage caused , he or she may be exempted from criminal liability.

Article... Exemption from criminal liability for pregnant women in especially difficult circumstances (new)

If the first offender commits a less serious crime or commits a serious crime unintentionally and in a less serious case but is a pregnant woman and in especially difficult circumstances , he or she may be exempted from criminal liability.

Article...: Exemption from criminal liability for elderly offenders

(new)

If the first time offender commits a less serious crime or a serious crime

In case of unintentional injury which is less serious, but the person is elderly - a woman over 65 years old or a man over 70 years old, then he/she may be exempted from criminal liability.

Article...: Exemption from criminal liability for offenders with serious disabilities and serious illnesses (new)

If a person commits a minor crime for the first time or commits a serious crime unintentionally and in a minor case, but has a serious disability and is suffering from a serious illness, he or she may be exempted from criminal liability.

Source : [13; pp. 233-238].

The regime of exemption from criminal liability in Vietnamese criminal law - 18

Comment