CASES TO EXEMPTION FROM CRIMINAL RESPONSIBILITY?

17/06/2021 15:05

Exemption from criminal responsibility is one of the institutions that highest expression of human nature in the crime handling policy of our state. So, what is the situation that a criminal offender shall be exemption from criminal responsibility? In order to help the customers have the entire sight for this problem, the DAP law would consultant as follows

I. Basis legal
- Criminal code 2015
II. Contents
Exemption from criminal responsibility means a humanitarian measure by presiding authorities apply to the criminal offender when it is based on provisions of criminal code.
Based on article 29 of criminal code 2015 has three situations that shall be exemption from criminal responsibility, as follows:
Situation 1: Clauses 1 of this article stipulated automatic cases shall be exemption from criminal responsibility, including:

                    - 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;
- A general amnesty is granted.
Situation 2: Clauses 2 of this article stipulated three cases maybe shall be exemption from criminal responsibility.
- The situation is changed during the process of investigation, prosecution or trial and accordingly, the offender is no longer dangerous to society;
                    - The offender has a fatal disease during the process of investigation, prosecution or trial and no longer poses a threat to society;
                    - The offender confesses his/her crime, contributes to the crime discovery and investigation; minimizes the damage inflicted by his/her crime, have made reparation or special contributions that are recognized by the State and society.
Situation 3: Clauses 3 of this article stipulated three cases maybe shall be exemption from criminal responsibility when the aggrieved person requests exemption from criminal responsibility.
              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.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…

Gửi yêu cầu dịch vụ