The principle of applying aggravating and mitigating circumstances in Vietnam
Principle of applying aggravating circumstances
Even when there are many aggravating factors, the offender will not be sentenced beyond the scope of the punishment frame if the court has determined that they committed any offense at any penalty frame.
For instance, the defendant committed a crime of producing fake goods under the case specified in Clause 2, Article 192 of the Penal Code which has a sentence range of 0 to 10 years in prison. Despite the fact that the defendant in this instance possesses many aggravating circumstances listed in Article 52 of the Penal Code of 2015, the Court is not permitted to sentence the defendant to more than ten years in prison.
Principles of application of mitigating circumstances
The mitigating circumstances of criminal liability are the details that make the danger level of a specific crime, which is one of the important bases for the Court to decide the specific penalties for the offender.
The mitigating circumstances are specified in Clause 1, Article 51 of the Penal Code. In addition, the court can consider confessing as one of the extenuating circumstances. Additionally, the court may take confession into account as one of the mitigating factors. In the event that there are numerous mitigating circumstances, the Court may decide to reduce the punishment or move to a lighter punishment.
If the Court imposes sanctions below the lowest level, it must provide justification and adhere to Article 54 of the Penal Code of 2015.
Signs of crime are not considered aggravating and mitigating circumstances criminal liability
When a certain situation is specified in Article 51 or 52 of the Penal Code 2015 and the fact that the episode is already a sign of a crime, when deciding the penalty, the Court does not consider applying aggravating and mitigating circumstances anymore.
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Drug possession crime
The case about the crimes of infringing on position.
The murder case stemmed from a love conflict between a man and a woman
The murder case stemmed from the husband and wife's emotional conflict
The murder case stemmed from a conflict at work committed by the Chinese
The case of forging seals and documents of state agencies related to the transfer of land use rights
The case of fraud to appropriate property occurred at a multinational company
The case of abusing trust to appropriate property occurred at a foreign bank
The case of infringing on the state's economic management occurred at a domestic bank
High-tech crime related case
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