Mitigating factors of current criminal code?

17/06/2021 15:02

I. Basis legal
- Criminal code 2015
II. Contents
Mitigating factors of criminal responsibility has one of the bases to court consider decisions on a sentence with criminal offender allows more mitigating of the sentence bracket.
Based on article 51 of law on amendments to the criminal code 2015 stipulated mitigating factors as follows:

  - The following circumstances are considered mitigating factors:
+ The offender has prevented or reduced the harm caused by the crime;
+ The offender voluntarily makes rectification, pays damages or relieves the consequences;
+ The crime is considered unjustified force in self-defense;
  + The crime is considered unjustified force in urgent circumstance;
+ The crime is considered unjustified force in capturing a criminal;
+ The crime is committed under provocation caused by the victim's illegal acts;
+ The crime is committed because of extreme hardship that is not on the offender's account;
+ The crime has not inflicted damage or the damage inflicted is not significant;
           + The offender commits a less serious crime and does not have prior criminal record;
           + The crime is committed because the offender threatened or coerced by others;
           + The offender commits the crime while because of lack of awareness that is not on his/her account;
           + The crime is committed due to obsolescence;
           + The offender is a pregnant woman;
           + The offender is 70 years of age or older;
           + The offender has a serious physical disability or extremely serious physical disability;
           + The offender has a disease that limits his/her awareness or control of his/her acts;
           + The offender turns himself/herself in;
           + The offender expresses cooperative attitude or contrition;
           + The offender arduously assisting the agencies concerned in discovery of crimes or investigation;
           + The offender has made reparation in an effort to atone for the crime;
+ The offender is an excellent worker, soldier or student;
           + The offender is a parent, spouse or child of a war martyr or war veteran.
- When issuing a decision on sentences, the Court might consider the offender's turning himself/herself in or other circumstances as mitigating factors and specify the reasons in the judgment.
  - If a circumstance defined as a mitigating factor this document is the basis for determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on sentences.

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