Limitation Statute for Penal Liability Examination and Exemption

Statute of limitation for crimes is an important information for any individuals and organisations relating to make a criminal lawsuit. Contact to hotline 1900.599.979 for more detail at best law firm in crime in Vietnam, Dragon Law Firm.

Having high experience in civil and criminal cases, Dragon Law is always available to offer the best legal services in crime to Clients.

For more reference, kindly find out in the Penal Code 1999, Article 23 to 25.

I. Statute of limitation for penal liability examination

1. The statute of limitation for penal liability examination is the time limit prescribed by the Penal Code upon the expiry of which the offender shall not be examined for penal liability.

2. The statute of limitation for penal liability examination is stipulated as follows:

a. Five years for less serious crimes;

b. Ten years for serious crimes;

c. Fifteen years for very serious crimes;

d. Twenty years for particularly serious crimes.

3. The statute of limitation shall begin from the date a crime is committed. If within the time limit prescribed in Point I.2, the offender commits a new crime for which this Code stipulates a maximum penalty of over one year, the time already past must not be counted and the statute of limitation for the previous crime shall be re-calculated from the date the new crime is committed.

If within the above-said time limit, the offender deliberately flees and is being hunted for by warrant, the time of fleeing away must not be counted and the statute of limitation shall be re-calculated from such time the person gives him/herself up or is arrested.

II. Non-application of limitation statute  for penal liability examination

The statute of limitation for penal liability examination prescribed in Point I shall not apply to crimes provided for crimes of infringing upon national security and ownership rights under the Penal Code.

III. Penal liability exemption

1. An offender shall be exempt from penal liability if during the investigation, prosecution or trial, due to a change of situation, the act of criminal offense of the offender is no longer dangerous to the society.

2. If before the act of criminal offense is detected, the offender gives him/herself up and clearly declares and reports facts, thus effectively contributing to the detection and investigation of the crime and trying to minimize the consequences of the crime, he/she may also be exempt from penal liability.

3. Offenders shall be exempt from penal liability when there are decisions on general amnesties.

Contact to criminal legal advice hotline 1900.599.979 for more services.

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