Professional Documents
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Legal System
Week 6 – Criminal Law 2015
Content
• Mandate & Effectiveness
• Concept & Classification of crimes
• Types of crimes
• Time-limit & Exemption of criminal liability
• Punishment
• Regulations on legal entities
• Regulations on Minors
Mandate
Article 1:
• Outside:
3. Very serious crimes: danger to society is GREAT – maximum punishment: 7-15 years of
imprisonment
• Intentional:
1. offender IS AWARE of danger caused to society by his/her act (1), foresees consequences (2) of such
act, and WANTS such consequences to occur (3)
2. Offender is aware of danger caused to society, foresees consequences, DOES NOT want such
consequences to occur BUT STILL deliberately LET THEM OCCUR
• Unintentional:
1. Offender is aware of danger BUT BELIEVES that consequences would NOT occur or could be
PREVENTED
2. Offender is NOT AWARE of danger though consequences have to be foreseen & could be foreseen
Article 12:
• From 16 & over: shall bear criminal liability for every crime
** Treason; Rebellion; Terrorism; Damaging technical facilities of the state; store &
spread information/materials on opposing the regime; murder; robbery; kidnapping
for ransom; money laundering, etc.
• Art.15: Incomplete crime: a crime that is not carried out to the end because
of reasons beyond the offender’s control
• Still being liable?
Concept of Crimes
• Art.17: Complicity
• Two-or-more people deliberately commit the same crime
• Organized crime
• An accomplice: organizer, implementer, instigator, abettor (helper)
** Accomplice shall NOT take criminal liability for UNJUSTIFIED FORCE used by
the implementer
• Art.22: Self-defense
• Art.23 : emergency
• Art.29(3): persons who commit less serious crimes/ serious crimes due to
UNINTENTIONAL damage to life/health/honour/etc. of others will be
criminally exempted if victim/ representative of victim voluntarily
reconciliate & request exemption of criminal liability for offender
Punishment
• During this period: cannot leave; some citizenship rights deprived of; is banned from
doing certain work
• Period: 1-5 years from the end of imprisonment
Punishment
>>> Confiscation and transfer of part of/ all of property under ownership of the
convict to state budget
*** Confiscation of property shall be carried out that the convict and his/her
family are still able to carry on their life
Basis for decision
• Article 50: consideration of the nature & danger of the crime to society;
record of offender, extenuating and aggravating factors
• Organized crimes
• Committed in a professional manner
• Offender is determined to commit the crime TO THE END
• Offence has been committed MORE THAN ONCE
• Offender incites a person aged under 18 to commit the crime
• The crime is of a gangster-like nature
• Offender has deceitful/violent actions to CONCEAL the crime
Regulations on legal/commercial entities
• Art.74: Legal entities shall bear criminal liability according to this Law
* The fact that legal entity has criminal liability does NOT exempt criminal liability
of INDIVIDUALS
Regulations on legal/commercial entities
Punishment:
• Art.77: Fines
• Art.90: A person aged from FULL 14 >>> under 18 who commits criminal offence shall take
criminal liability in accordance to this Law
• Art.91: Principles:
• For the purpose of education
• Depending on their ages, awareness of their criminal acts, reasons, & circumstances in which criminal
offences are committed
* Cases when minor offenders who commit criminal offences has more than one extenuating
factors + voluntarily repairs most of damages may be exempted from criminal liability: Art.91(2)
** Life imprisonment & death sentence shall NOT be imposed upon minors
Measures in cases of exemption of
criminal liability on minors
• Art.93: Reprimand
• Art.94: Conciliation
• The investing agency, Procuracy, or the Court shall cooperate with the People’s
Committee at commune level to organize reconciliation when the victim/ legal rep. of
victim VOLUNTARILY accepts conciliation and REQUESTs exemption of criminal liability
for the criminal
• Article 98:
• Warning
• Fine
• Non-custodial reform
• Imprisonment
Next
• Civil Law 2015