CÓ ĐƯỢC MIỄN TRÁCH NHIỆM HÌNH SỰ KHI CÓ ĐƠN XIN MIỄN CỦA BỊ HẠI?/IS CRIMINAL LIABILITY EXEMPTED UPON

Legal situation:

I would like to ask a lawyer about this situation. I caused injury to a person. The medical assessment concluded a disability rate of 11%. Subsequently, the victim and I reached a satisfactory compensation agreement, and the victim has accepted my proposed settlement. My question is: If the victim submits a request for exemption from criminal liability on my behalf, will I be exempted from criminal liability?

FDVN’s opinion:

Thank you for your inquiry to FDVN Law Firm. After reviewing the relevant legal provisions, FDVN would like to provide the following response:

According to Article 29 of the Criminal Code 2015 (amended in 2017), the grounds for exemption from criminal liability are as follows:

1. A criminal offender shall be exempt from criminal responsibility on one of the following bases:

a) A policy or law is changed during the process of investigation, prosecution or trial and accordingly, the offender's act is no longer dangerous to society;

b) A general amnesty is granted.

2. A criminal offender might be exempt from criminal responsibility on one of the following bases:

a) The situation is changed during the process of investigation, prosecution or trial and accordingly, the offender is no longer dangerous to society;

b) The offender has a fatal disease during the process of investigation, prosecution or trial and no longer poses a threat to society;

c) The offender confesses his/her crime, contributes to the crime discovery and investigation, minimizes the damage inflicted by his/her crime, and has made reparation or special contributions that are recognized by the State and society.

3. The person who involuntarily commits a less serious crime or a serious crime and causes damage to life, health, honor or property of others will be exempt from criminal responsibility if the aggrieved person or his/he representative voluntarily seeks reconciliation and requests exemption from criminal responsibility

According to Clause 1, Article 134 of the 2015 Criminal Code (as amended by Clause 22, Article 1 of Law on Amending Criminal Code 2017), your act of intentionally causing bodily harm resulting in 11% bodily injury may be subject to criminal prosecution with a penalty of up to 3 years of reform without detention or imprisonment from 6 months to 3 years.

Pursuant to point a, Clause 1, Article 9 of the 2015 Criminal Code (as amended by Clause 2, Article 1 of the Law amending the Criminal Code 2017), the classification of crimes is as follows:

“Article 9. Classification of crimes

1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;”

According to your actions, causing bodily harm to another person resulting in 11% disability is classified as a less serious crime, carrying a maximum penalty of 3 years imprisonment.

Therefore, in this case, if the victim submits a request for the dismissal of criminal charges in the intentional infliction of injury case, you may be exempt from criminal liability according to Clause 3, Article 29 of the 2015 Criminal Code (as amended 2017).

The above is FDVN's legal advice in response to your inquiry, based on our research of relevant legal provisions. We hope this advice will be helpful to you.

Tran Thi Tuong Vy from FDVN Law Firm

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