DETERMINE THE CRIME: SABOTAGING FACILITIES OF SOCIALIST REPUBLIC OF VIETNAM & DESTRUCTION OF WORK, F

CRITERIA

SABOTAGING FACILITIES OF SOCIALIST REPUBLIC OF VIETNAM

DESTRUCTION OF WORK, FACILITY, EQUIPMENT IMPORTANT FOR NATIONAL SECURITY

Legal basis

Article 114 of the Criminal Code in 2015, (amended and supplemented in 2017).

Article 303 of the Criminal Code in 2015 (amended and supplemented in 2017).

Objects of the crime

Infringing upon the national security of the Socialist Republic of Vietnam, specifically political, national defense, security, economic, scientific-technical, cultural, and social security.

Infringing upon public safety, specifically violating the state's regulations on safety protection for important national security works, facilities, and vehicles.

Subjects of the crime

A person who is from 16 years of age and has criminal capacity.

A person who is from 14 years of age and has criminal capacity.

Impact objects of the crime

Facilities in political fields (e.g. government offices), security (communications), defense (weapons, military bases), economy (factories,), science - technology (research institutes), culture - society (historical monuments), etc.

A work, facility, means of transport, means of communications, electricity work, fuel transport work, irrigation work or another work that is important for national security, of economic, technological or cultural and social importance, except for the cases in Article 114 of the Criminal Code (the crime of sabotaging facilities of socialist republic of vietnam).

Violations

The act of sabotaging facilities of socialist republic of vietnam in the fields of politics, economy, science - technology, culture and society.

The act of destroying a work, facility, means of transport, means of communication, electricity work, fuel transport work, irrigation work, or any other work that is important for national security, economic, technological, or cultural and social significance, except for the cases specified in Article 114 of the Criminal Code (the crime of sabotaging facilities of the Socialist Republic of Vietnam)

Type of crime

Intentional and direct

Purpose of the crime

Opposing the people's government is a mandatory sign.

The intent behind the crime is not taken into account.

Legal provisions

Article 114. Sabotaging facilities of Socialist Republic of Vietnam;

1. Any person who, for the purpose of opposing the people's government, sabotages political, national defense, national security, economic, scientific, technological, cultural or social facilities of Socialist Republic of shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death.

2. A less serious case of this offence carries a penalty of 05 - 15 years' imprisonment.

3. Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

Article 303. Destruction of work, facility, equipment important for national security

1. Any person who destroys a work, facility, means of transport, means of communications, electricity work, fuel transport work, irrigation work or another work that is important for national security, of economic, technological or cultural and social importance, except for the cases in Article 114 hereof, shall face a penalty of 03 - 12 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 10 - 20 years' imprisonment or life imprisonment:

a) The offence is committed by an organized group;

b) The offence results in damage or breakdown of the work, facility or equipment important for national security;

c) The offence results in the death of ≥ 03 people;

d) The offence results in bodily harm to 03 people, each of whom suffers from 61% WPI or more;

dd) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 200%;

e) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000;

g) The offence has a negative impact of socio-economic situation;

h) Dangerous recidivism.

3. A person that prepares for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

4. The offender might also be put under mandatory supervision for 01 - 05 years.