One of clients called to Dragon Law’s office to asked that he made hurt to another person when he drank so much after joining a company party. Did he commit crime? Is he punished for his situation? Lawyers with many experience years in crime consultation would like to offer him and other clients some notes about crimes under the Penal Code 1999, Articles from 8 to 14.

Dragon law-famous law firm in Hanoi in crime

I. Definition of crime

1. A crime is an act dangerous to the society prescribed in the Penal Code, committed intentionally or unintentionally by a person having the penal liability capacity, infringing upon the independence, sovereignty, unity and territorial integrity of the Fatherland, infringing upon the political regime, the economic regime, culture, defense, security, social order and safety, the legitimate rights and interests of organizations, infringing upon the life, health, honor, dignity, freedom, property, as well as other legitimate rights and interests of citizens, and infringing upon other socialist legislation.

2. Based on the nature and extent of danger to the society of acts prescribed in this Code, crimes are classified into less serious crimes, serious crimes, very serious crimes and particularly serious crimes,

3. Less serious crimes are crimes which cause no great harm to society and the maximum penalty bracket for such crimes is three years of imprisonment; serious crimes are crimes which cause great harm to society and the maximum penalty bracket for such crimes is seven years of imprisonment; very serious crimes are crimes which cause very great harm to society and the maximum penalty bracket for such crimes is fifteen years of imprisonment; particularly serious crimes are crimes which cause exceptionally great harms to society and the maximum penalty bracket for such crimes shall be over fifteen years of imprisonment, life imprisonment or capital punishment.

4. Acts showing signs of crime but which pose minimal danger to society are not crimes and shall be handled by other measures.

II. Intentional commission of crimes

The intentional commission of a crime is commission of crime in the following circumstances:

1. The offenders are aware that their acts are dangerous to society, foresee the consequences of such acts and wish such consequences to occur;

2. The offenders are aware that their acts are dangerous to society, foresee the consequences that such acts may entail and do not wish, but consciously allow, such consequences to occur.

III. Unintentional commission of crimes

The unintentional commission of a crime is commission of crime in the following circumstances:

1. The offenders foresee that their acts may cause harmful consequences to society, but think that such consequences shall not occur or can be warded off;

2. The offenders do not foresee that their acts may cause harmful consequences to the society though they must have foreseen or did foresee such consequences.

IV. Unexpected events

Persons who commit acts which cause harmful consequences to the society due to unexpected events, namely in circumstances which they cannot, or are not compelled to, foresee the consequences of such acts, shall not have to bear penal liability therefor.

V. Ages subject to penal liability

1. Persons aged full 16 or older shall have to bear penal liability for all crimes they commit.

2. Persons aged full 14 or older but under 16 shall have to bear penal liability for very serious crimes intentionally committed or particularly serious crimes.

VI. State of having no penal liability capacity

1. Persons who commit acts dangerous to the society while suffering from mental disease or disease which deprives them of their capability to be aware of or to control their acts, shall not have to bear penal liability therefor; to these persons, the measure of enforced hospitalization shall apply.

2. Persons who commit crimes while having penal liability but falling into the state prescribed in Point VI.1, before being sentenced, shall be subjected to enforced hospitalization. After recovering from the illness, such persons may bear penal liability.

VII. Committing crimes while being intoxicated due to use of alcohol or other strong stimulants

Persons who commit crimes while in the state of being intoxicated due to the use of alcohol or other strong stimulants shall still bear penal liability therefor.

 

Famous law firm in crime in Vietnam hotline 1900.599.979.

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