However, the convict is to take the criminal liability while the offender has full legal foundations and conditions required to be entitled to the exemption from[r]
Trang 1S/NU JOURNAL OF SCIENCE, ECONOMICS-LAW, N01E, 2004
ABOUT THE PR O V ISIO N OF CRIM INAL LIABILITY EXEM PTION
IN THE 1999 CRIM INAL LAW CODE OF VIETNAM
In order to improve the efficiency of the
fight against crime and for th e sake of fair
and correct tre a tm e n t policy, our law m akers
together w ith classifying types of crimes has
divided th e crim inal law into different
criminal cases a n d different criminal
offences Notably, the division of offences
and types of criminals has reflected through
a fact th a t not all crimes an d offenders have
to face criminal liability
Rather, an offender shall be exempted
from criminal liability u n d e r exclusive
privileged conditions a n d legal foundations
Exemption from criminal liability was
not acknowledged in th e V ietnam Criminal
Law as an indep endent provision but it was
realized a n d applied in reality and legal
documents un d e r such different nam es as
“criminal liability exemption”, “absolution”,
“defendant acquittal”, etc
It was in the Criminal Code of 1985 th a t
the provision of crim inal liability exemption
was officially recognized by law m akers and
it was am ended in th e second codification in
Criminal Code of 1999 However, reality
shows th a t the provision h a s not been paid
proper attention to and h a s not been
comprehensively a n d intensively studied
Both Criminal Code of 1985 and th a t of 1999
have not given a legal definition of criminal
liability exemption a n d its specific legal
consequences R ather, cases of exemption
(,)Faculty of Law, V ietnam N ational University, Hanoi.
T rinh T ien V iet(,)
from criminal liability are sporadically stipulated in articles and chapters in the General p a rt and The crime parts, Criminal Liability This, obviously, is scientifically incorrect and unqualified in term s of
application of Criminal law to trial and reality shows th a t quite a lot of inadequate regulations of exemption from criminal liability remain Especially, there are many cases in which the provision could have been applied b u t unfortunately, it h a s not been stipulated in the criminal Code Therefore, it
is significant th a t the existing legal regulations of exemption from criminal liability should be fu rth er and fully studied for the sake of scientific clarity Accordingly, proposals are expected to be given for the
b e tte r norms of th e provision, which is in
m atch with theoretical-practical and social- legal reality
1 The C o n cep t o f E x e m p t io n from
C rim inal L iab ility
Exemption from criminal liability is one
of im po rtan t provisions in the Vietnam Criminal Law, representing our party and
S ta te ’s h u m a n ity policy towards law breakers and their wrongdoings It is a t the same time aimed a t encouraging law breakers to atone from their offence by
th eir good deeds, showing the good impact of reeducation activity, helping th em quickly fall in line w ith their community, becoming helpful to society Much significant it is, the
73
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concept of exemption from criminal liability
has not been recognized in realistic criminal
law by lawmakers Currently, there are
divergent perceptions of this concept in our
criminal law science as follows:
♦ “Criminal liability exemption is a
hum anity provision of th e V ietnam Criminal
Law and exercised by g rantin g legal
consequences absolution of a dangerous-to-
society action which is prohibited in criminal
law to the person who is responsible for th a t
action.”(4, pg7)
♦ ‘T o exempt someone from criminal
liability is to acquit a crime stipulated by
law of legal consequences”(22, pg293)
♦ “Criminal liability exemption is the
acquittal of a crime and pu n ish m e n t granted
to the man who commits th a t crime, and
then he is not regarded as guilty In other
words, to exempt someone from criminal
consequences s tipulated in criminal law.”
♦ “Criminal liability exemption is the
acquittal of legal consequences granted to a
man who commits a crime u n d e r some
conditions stipulated by law.(10, Criminal
liability ex.p 109)
♦ ‘T o exempt someone from criminal
liability is not to prosecute him for the crime
he commits”(15, pg 324)
♦ “Criminal liability exemption is the
acquittal of criminal liability granted to a
man who commits a crime which is
slipulated in criminal law, represented in a
document of S ta te ’s com petent agency.”
♦ “To exem pt someone from criminal
liability is not to force him to take
responsibility for the crime he commits”(21,
pg 166)
♦ ‘T o exem pt someone from criminal liability is not to prosecute him for
consequences re s u lte d from being subject to coercive m e asures of criminal liability and police record In reality, in cases th a t the
liability right in trial period by the Court, Criminal liability exemption includes the exemption from coercive m easures, criminal liability a nd police record”(19, pg 9-10)
♦ Exem pting someone from criminal liability is not forcing a m an to hold criminal liability for the crim e he commits
♦ “C rim inal liability exemption is the
consequences including being convicted And
of course, a m a n being entitled to criminal liability exemption is not regarded as guilty and subject to p u n is h m e n t and police record”(14, pg 97)
As such, in essence, all the above- mentioned perceptions of criminal liability exemption are relatively concise, appropriate
b u t more im p o r ta n t a re consistent in emphasizing its legal co ntent and nature However, in o u r opinion, the concept of criminal liability exemption which h a s a comprehensive a n d correct content is legally concise and consistent and a t the same time
in m atch w ith ap p ro p ria te to the S ta te ’s
h u m a n ity policy is expected to answ er such auestions as w h a t its legal n a tu re (criminal liability exemption) is, how it works in practice; which com petent agency is entitled
to apply it; who a re subject to it and which requ irem en ts a n d legal basis it is expected to
be met Therefore, on th e basis of already- mentioned scientific views, the analysis of regulations of related criminal law, and criminal law science, we think criminal
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Trang 3About the provision o f crim inal liability exe m ption in 75
liability exemption can be defined as follows:
criminal liability exemption is a hum anity
provision of th e V ietnam C riminal Law and
is regulated in a legal document which
acquits a m an from disadvantageous legal
consequences of com m itting dangerous-to-
society crime This provision is applied by
investigation agency, Board of control and
the Court depending on corresponding
procedures on th e basis of ad equate evidence
and stipulated conditions
2 B a sic F e a tu r e s o f C r im in a l L iability
E x e m p tio n
Based on the above-mentioned definition
of criminal liability exemption and the study
on the regulations of th e existing criminal
law, some basic features of criminal liability
exemption are coined as follows:
♦ Firstly, to gether w ith a series of other
provisions like provision w ith cases excluded
from criminal behaviors’ characteristics,
liability, th e exemption from punishm ent,
criminal liability proceedings and th a t of the
sentence execution), exemption from judicial
execution, suspended sentence and police
record The provision of criminal liability
principle of crim inal policy in general and
Vietnam C rim inal Law in particular
♦ Secondly, criminal liability exemption
is applicable only to the one who is subject to
a given crime and he shall meet the
conditions stipu lated in c u rre n t criminal law
and depending on specific cases, th a t
criminal liability exem ption is optional or
obligatory If it is optional, even when all
legal foundations and stipulated conditions
are met, w h e th er criminal liability exemption is applied or not shall be decided
by competent bodies
♦ Thirdly, criminal liability exemption decided by S ta te ’s competent bodies shall be represented in legal documents Specifically, investigation agency shall make a decision of suspending an investigation (by written documents) when th ere are foundations stipulated in Article 19, 25 Clause 2, Article
69, Criminal Code and Article 164, Criminal Procedure Code of 2003 Board of Control shall make a decision of suspending a case if there is one of foundations stipulated in Article 19, 25, and Clause 2, Article 69, Criminal Code 9 Article 169, Criminal Procedure Code of 2003) or withdrawing a decision of prosecution and requesting the Court to suspend a case (Article 181, Criminal Procedure Code of 2003)
periods of criminal proceedings, criminal liability exemption shall be merely executed
by a S ta te ’s competent body Specifically, it might be e ith e r Investigation agency, Board
of Control or th e Court (Articles 164, 169,
181, Criminal Procedure Code of 2003) and
it is expected t h a t all requirem ents of legal foundations and conditions stipulated in criminal law are fully met
♦ Fifthly, criminal liability exemption shall always go in h a n d s with the provision
of criminal liability in V ietnam criminal law The concept and basis of criminal liability exemption is derived from those of criminal liability Accordingly, in a broad sense, criminal liability is th e disadvantageous legal consequences t h a t an offender is to take for committing a crime which is executed by the application of one or more
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State’s strict coercive m easu res stipulated in
Criminal Law
liability m eans not forcing him to face
criminal behavior which would have been
born by him u n d e r the stipulation of
criminal law if legal foundations and
conditions req uừ ed by law entitled to the
exemption from the crime had not been fully
exemption and criminal liability share the
same basis, i.e “the com m itm ent of a
regarded as guilty by criminal law” (6,
pgl33) In both of these cases, the subjects
committing the dangerous-to-society crime
which is regarded as guilty by criminal law
are all offenders To p u t it ano th er way,
subjects who commit a crime shall have
necessary capacity of crim inal responses and
reach required age However, the convict is
to take the criminal liability while the
offender has full legal foundations and
conditions required to be entitled to the
exemption from criminal liability stipulated
by criminal law This m eans if seeing th a t
criminal liability is not really necessary to be
applied in some given cases b u t th e aim of
the anti-crime fight can still be achieved, the
competent bodies shall acquit the offenders
of criminal liability The sam e decision could
be applied to cases t h a t show the impact of
reeducation program s on the offenders
♦ Sixthly, one who is entitled to criminal
liability exemption is obviously not subject to
disadvantageous legal consequences of the
crime (eg: being exem pted from criminal
liability investigation, punishm ents, other
criminal coercive m easures, police record
and not being regarded as guilty However,
w hether or not th e offenders are subject to one of more o th e r criminal coercive
m easures h a s n ot b een stipulated in our
c urrent C rim in al Code As for this issue, People’s S u p rem e C o u rt’s J u d g e Council released Decree 02’H D T P dated Jun e, 1st,
1986 on th e in stru c tio n of applying some regulations of C rim in a l Code stipulated in Section VIII as “w h e n exemption from criminal liability is executed, the Court shall not be p e rm itte d to decide w hatever
pu nish m en t b u t will still be able to make a decision on com pen satio n for the victims and
on m a tte rs re la te d to m aterial evidence” Nevertheless, trial reality shows th a t acquitter m igh t be subject to one or more forcing m e asu re s in o th e r corresponding law
und er th e re g u la tio n of th e Criminal Procedure Code; being forced to make something r e t u r n to its prim ary state or
regulations of civil law; being fined, w arned under reg ulatio ns of adm inistrative law; having labor-contract te rm in a te d un der
etc(4,pg 7)
♦ And finally, th e introduction of the Provision of c rim inal liability exemption in the V ietnam C rim inal Code is of great significance It does not only encourage
law breakers to atone for t h e ừ offences by
facilitating th e ir process of falling in line with the whole society b u t also create legal foundations for th e combination of S ta te ’s criminal coercive m e a s u re s and society’s influencing m e a s u re s in re-educating lawbreakers, help in g th e m become helpful citizens
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Trang 5About the provisio n o f c rim in a l liability exemption in. 77
3 C a s e s o f C r im in a l L iability
E x e m p tio n S t ip u l a t e d in th e
V ie t n a m C r im in a l C od e o f 1999
A stu dy on the n orm of th e provision of
criminal liability exem ption und er the
regulation of the C rim in a l Code of 1999
shows th a t in th e c u rre n t crim inal law, there
are altogether 9 cases, sporadically in the
whole code including five cases in The
General P a r t (Article 19, 25, Clause 2,
Article 69), four cases in T h e Crime (Clause
3, Article 80; Section 2, C lause 6 Article 289,
Clause 6 Article 290, C lau se 3 Article 314)
Each of these is considered as follows:
C rim e in H a lf w a y on S elf-w ill
Article 19, C rim inal Code of 19;^9
stipulates th a t stopping committing the
crime in h a lf way on self will is voluntarily
not to commit th e crim e till th e end although
there is no obstacle T he offender in this case
is entitled to be ex em p ted from criminal
liability for the crime he in te n d s to commit;
if the criminal behavior includes factors th a t
are sufficient to contin ue a n o th er offence,
the doer is to ta k e crim in a l liability for this
offence Accordingly, crim inal liability
exemption is obligatory However, it is
applied only for cases in w hich the crime is
committed in the period of preparation
which h a s not been finished, not depending
on the types of crim e (not very serious,
serious, very serious or extremely serious
crimes) if one’s crim inal behavior includes
factors th a t a re sufficient to constitute an
offence, one is to ta k e responsibility for this
offence As such, th is provision is a
h u m a n ity regulation a n d a t th e same time
reflects th e legislative principle, the fairness
in tre a tm e n t of our policy as well as in the fight against crime, protecting social
regulations of applying criminal liability exemption to a sort of accomplice but there is
no specific and clear regulation on applying
it to three types of accomplice including
o rg a n iz e r , s t i m u l a t o r a n d a s s i s t a n t (7,p.g 224) Of course this issue ha s been mentioned in Item I, Decree 01-89/HDTP dated April, 19th, 1989 by Jud ge Council,
instruction of some regulations of criminal code However, it is expected to be officially noted in the cu rre n t Criminal Code of 1999
T h a n k s to S itu a tio n a l Progress
P u r s u a n t to Clause 1, Article 25, Criminal Code of 1999, the offender shall be exempted from criminal liability if in the process of the investigation, prosecution or trial, the criminal behavior or the offender is
no longer dangero.us to society th a n k s to situational progress It was optional case in
th e Criminal Code of 1985 Therefore, this
h u m a n ita ria n tren d in th e Criminal Code of
criminal behaviors as well Besides, some
am en d m en ts in the prosecution phase (alongside w ith investigation and trial phase stipulated in Article 48, Criminal Code of 1985) have been made in the Item I Once
th e offender has sufficient legal foundations and required conditions he is entitled to be exempted from criminal liability Also in Clause 1, Article 48, t h a t the provision of criminal liability exemption is applied to certain types of criminals is not stated
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Trang 678 Trinh Tien V iet
Therefore, it is applicable to all types of
criminals (Clause 3, Article 8) providing th a t
sufficient common legal foundations (when
investigation, prosecution or trial are
underw ay or owning to situational changes);
conditions has to be m et (Item 1)- criminal
behaviors or criminal is no longer dangerous
to society However, it is not applicable if two
cases are separated This is because one can
be exempted from criminal liability when in
the investigation, prosecution or in trial,
criminal behavior is not dangerous to
society, b u t the criminal is
Offenders for S h o w in g R ep en ta n ce a n d
Desire to R edeem Their F a u lts
P u r s u a n t to Clause 2, Article 25, the
Vietnam Criminal Code of 1999, in the case
which the offender confesses to the authority
everything, m aking a helpful contribution to
the au thority’s work in realizing and solving
the case, minimizing the dam age caused by
the crime, he can be exempted from criminal
liability The case is exem pt only when the
following req uirem ents a re m et by the
offender
♦ He should confess to the authority
before the crime is known
♦ He should declare everything (his own
contributing effectively to the authority’s
work to realize an d solve th e case
♦ He should take a n active role in
preventing the consequences caused by the
crime In other words, he should actively
prevent the consequences and keep to a
m inimum level dam ages to the State,
organizations or people
One noticeable thing is t h a t confession and submission should be differentiated from each other Confession m eans th e
voluntarily after com m itting a crime At th e time, neith er the crime itself nor th e
m eans the offender gives up to th e authority after the crime or the criminal is realized although he may elude
A part from that, to be willing to
su rm o u n t the dam ages m eans the offender willingly m akes up for the dam ages (mostly
to assets) caused by th e ir offence To be active in preventing consequences m eans to
consequences or limiting the damage to the State, organization or to people For th is case, it is highly recommended t h a t law m akers should provide specific guidelines such as w h a t being detected is, and who detects the offence, common people or the authority
When There is a G en eral P a r d o n
According to Clause 3, Article 15, Vietnam C rim inal Code of 1999, one is exempt from criminal liability when he is given amnesty This case is compulsory when there is some w ritten am nesty documents G eneral pardon is exemption from criminal liability for given offenders or those who commit one type of crime
Constitution t h a t only th e National Assembly can give general pardon (Clause
10, Article 84) A general pardon is often given on some special historical occasions, which reveals the tolerance of the State to offenders A mnesty documents, issued by the
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Trang 7About ihc provision o f crim in al liability ex e m p tio n in. 79
National Assembly are applied to cases
which are laid on
One is quit from prosecution, and in
punishm ent, he is not considered as an ex
convict For one who fm «5 him self innocent,
the case can be laid before the Court as his
wish If he is found not guilty it is the
Court’s responsibility to announce the tru th,
if he is found guilty, he can still he exempted
fro crim inal liability th a n k s to the
amnesty documents
for J u v e n ile Offenders
Clause 2, Article 69, V ietnam Criminal
Cod of 1999 ru es th a t a juvenile criminal
can be exempted from criminal liability in
the case his crime is little serious or serious
b ut causes little dam age, and he is taken
organization Once some given conditions
a re met and there are some legal bases, this
exemption is optional an d can be decided by
all jurisdictional bodies’ depending on
corresponding period of criminal procedure
This is different from the C rim inal Code of
1985 (Clause 3 Article 59) in which the law
stipu lates th a t only the People’s Board of
Control can exempt juvenile offenders from
according to which one can be a subject of
this tolerant policy are as follows:
♦ First, the offender is juvenile (Article
68, Criminal Code of 1999)
♦ Secondly, the crime he caused should
be little serious or serious with little
damage
For this condition, unlike the Criminal Code of 1985, the C rim inal Code of 1999 adds the case of which the offender commits serious crime into the list of those who can
be exempted from criminal liability By Criminal Code of 1985, a serious crime is one
th a t causes g reat dam ages to the whole society and the m axim um sentence for those who commit this kind of crime is more than five-year im prisonm ent, life sentence, even death penalty meanwhile by the Criminal Code of 1999, the m axim um sentence for serious offences made by the juvenile is 7 years in prison Obviously, the Criminal Code of 1999 brings more opportunities for young offenders to be exempted from criminal liability This is the tolerance in Vietnamese criminal law
♦ Thirdly, th ere are a lot of mitigating details which can be defined either in law (Clause 1, Article 46, C rim inal Code of 1999
or out law (in documents guiding law application or in cases considered and
m arked by the Court)
♦ Fourthly, the offender is supervised
organizations This creates good conditions for young offenders to correct himself, develop healthily and become a good citizen Also, it helps to socialize re-educating activities for offenders, putting them under
community
T h a t the law, however, rules “Juvenile offenders can be exempted from criminal liability if they commit a crime which is not
so • serious or serious but with little dam age.’XClause 2, Article 69) is easily misunderstood to be contradictory with the regulation which rules “A serious crime is one th a t causes great dam ages to the society
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Trang 880 Trinh Tien Viet
and the maximum sentence for this kind of
crime is 7 years’ im prisonm ent.” This can be
explained th a t there is no sen o u s crime with
no great damages, if there is, it is the case
the crime of little seriousness, or the crime
with little damage As a result, to be more
concise and adequate, it should be rew ritten
like this “ serious crime w ith little
dam ages ” Furtherm ore, the law does not
stipulate clearly th e cases in which the
offenders are watched over and re-educated
by his family, or by some given organizations
for Spies
threatenin g national security For this
crime, the State applies strict and decisive
pu nishm ent because m ain tain in g national
security stable is a m a tte r of survival of any
dangerous nature, the S ta te still has some
particular tre a tm e n ts for the offenders on
the basis of the features and how dangerous
the crime is in case th e re is inadequate legal
evidence as well as some given conditions It
is therefore stipulated in Clause 3, Article 80
of the 1999 Criminal Law th a t “A spy who
fails to do his given job b u t confesses it to the
authorities or com petent State bodies and
declares with all sincerity is exempted from
criminal liability.” In case the offender
intentionally acts as a spy, or maybe un der
some circumstances, he may be forced to do
this job, or be bought over, be seduced to give
information to foreign p arties b u t after a
time, on realizing th a t his deed is illegal and
may h arm national security and once known
to jurisdictional organizations, he will be
strictly punished, he comes to the authority
and confesses everything, the offender is
exempt The exemption should also be based
on the n a tu re of the offence If he is realized
as a re p e n ta n t sinn er who may need no prosecution, there may be exemption
3.7 E xem ption from C rim in a l L ia b ility for B ribers o r Those Who A ct as a B ribery
In term ed ia ry
Section 2, Clause 6, Article 289 and Clause 6, Article 290 rule over the case of exemption of criminal liability for people who bribe or act as a n interm ediary in bribery P u r s u a n t to Section 2, Clause 6, Article 289, Criminal Code of 1999, if one actively declares his offence und er no force before it is disclosed, he may be exempted from criminal liability and be given back
p a rt or whole of his bribe value A briber is one who asks a person of im po rtan t function
to receive his money or accept the bribe request of the latter If his offence has not been disclosed and despite of possibility of hiding the case, he confesses to the authority
un der no force, he can be exempt from criminal liability as he is a re p e n ta n t briber who declares all his offence and other’s sincerely This rep resents the h um anity in Vietnamese law, encouraging one to do good deeds after committing a crime
The C rim inal Code of 1985 does not
g ran t criminal liability exemption to a bribery interm ediary This m eans anyone proved to be a in term ed iary for a bribery can
be liable for the crime Meanwhile, in the Criminal Code of 1999, bribery interm ediary
is a sep a ra te article and the offenders can be exempted from criminal liability Clause 6, Article 290 of the 1999 Criminal Code says one who acts as an interm ed iary in a bribery can be exempted from criminal liability by actively declaring his offence before it is known.”
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Trang 9About the provisio n o f crim in al liability exem ption in 81
Both the above cases of exemption are
optional a n d can be applied on the basis of
conditions according to which one has to
meet This can be seen th a t our legal policy
is to punish those who accept bribes strictly
and at the sam e time to encourage those
who actively declare to the authority,
facilitating th e com petent bodies’ activities
in discovering early an d fighting effectively
this kind of crime
3.8 E x em ption from C rim in a l L ia b ility
for Subjects w ho Does not Inform the
A u th o rity o f the Crim e
Article 314, C rim inal Code of 1999 says
th a t not denouncing a criminal is considered
a s the kind of criminal The criminal knows
clearly of a crime b u t does not intentionally
keep the authorities informed of it This
offence is regard ed as crime only to some
particular offences (which are defined in
Article 314, and are referred to in Article
313, Criminal Code of 1999) However,
acxording to C lause 3, Article 314, if the
offender h a s tried to p revent the criminal or
to limit the consequences of th e crime,
instead of being convicted, he will be
exempted from crim inal liability If the
offender m eets one of th e two following
conditions (defined in C lause 3, Article 314),
he will be exem pted from criminal liability
♦ The one who does not denounce the
crime h as prevented the criminal
♦ The crim inal limits consequences of
the crime
This case of exemption is optional The
offender is exem pt w hen he h a s adequate
evidence A nother feature th a t exists in the
Criminal Code of 1999 is in Article 22, in
which there is a clause about the exemption
from criminal liability for the criminal’s grand parents, parents, siblings, and spouse who do not denounce him to the authorities except for some kinds of crime threatening national security or some specially serious crimes (similar to Clause 2, Article 314, Criminal Code of 1999)
4 S om e P r o p o s a ls
Having studied the exemption from criminal liability both in theory and in practice, some proposals to perfect the norms
an d regulations of the V ietnam Criminal Code of 1999 are made as follows
♦ Firstly, in each case of exemption from criminal liability (including the General part and the Crimes part) there should be guiding documents in details and there should be some uniform in conceptions on the basis of specific conditions which have been presented above
♦ Secondly, the exemption of liablity from criminal liability which is stipulated sporadically in different p a rts of the General
p a rt and the Crime p a r t is unreasonable and unsuitable So, immediate, concise and accurate ad ju stm en ts should be made by law makers
♦ Thirdly, exemption from criminal liability and exemption from punishm ents should be clearly differentiated According to Article 54, th e law breakers with crime of mitigating details as defined in Clause 1
pun ish m e n ts if his offence is worth some tolerant tre a tm e n t b u t not the exemption from criminal liability Clause 3 Article 314 says: “one who tried to p revent the criminal
or limit th e consequences caused by the crime can be exem pted from pu nishm ents or from criminal liability” It can be seen th a t
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Trang 1082 Trin h Tien Viet
law m akers have separated two definitions
b u t not in corresponding stipulations, which
m akes the application seem to be harder
Exemption from p u n ish m e n t and exemption
from criminal liability are different in
exempted from p u n ishm ents is not exempted
from criminal liability Yet, one who is
exem pted from criminal liability can enjoy
exemption from punishm ents W h at’s more,
only the Court ha s the rig ht to exempt
announcing a verdict meanwhile different
Control or the Court) can exempt a person
from criminal liability
♦ Fourthly, in the c u rre n t Criminal Code
of 1999, only juvenile offenders are ruled to
be in watch and be re-educated by parents,
or by the organization w here they work and
live For o th e r cases, th e re is no
corresponding stipulation Thus, in order to prevent the one who is exempted from criminal liability from repeating the crime and to help him mixed up with the whole society, there should be stipulations for all cases They should be w atched over and r e educated By th a t way, th e effectiveness of the combination betw een coercive m easures taken by the S ta te an d the influence of social education is promoted
♦ Finally, in order to keep up with o th er countries’ criminal law and the practicality
as well as to h um an ize the S ta te ’s criminal provisions in the period of constructing a
exemption for the offender w hen the victim withdraw s the re q u e st of prosecution; for captivity escapers or w hen there is a detente between th e victim and the offender, the time of prosecution procedure is over should be added
R E F E R E N C E S
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ì
VNU, Jo urnal o f Science, Econom ics-Law , N„ỊE, 2004