Can a request from the victim for leniency for the defendant be considered a mitigating circumstance?
When deciding on a sentence, can the court consider the victim's or their legal representative's request for leniency for the defendant in cases where the defendant only caused harm to the victim's health, property damage, or personal circumstances of the defendant as mitigating circumstances? This is a question raised by Mr. Le Khanh Hoang (Thien Nhan commune, Nghe An province).
Reply:According to Clause 2, Article 51 of the 2015 Penal Code:
When deciding on a sentence, the court may consider a confession or other mitigating circumstances, but the reasons for mitigation must be clearly stated in the judgment.
In fact, during the trial, the Court may determine other circumstances as mitigating circumstances under the above regulations, for example, the following circumstances:
- The defendant's spouse, parents, children, siblings, or other close relatives are individuals who have rendered meritorious service to the nation or have achieved outstanding accomplishments and have been awarded one of the following honorary titles by the State: Labor Hero, Hero of the Armed Forces, Heroic Vietnamese Mother, People's Artist, Meritorious Artist, People's Teacher, Meritorious Teacher, People's Doctor, Meritorious Doctor, or other prestigious titles as prescribed by the State:
- The defendant has siblings who are war martyrs;
- The defendant is a disabled person due to an accident at work or while on duty, with a disability rate of 31% or higher;
- The victim also bears some responsibility;
- Damage caused by the fault of a third party;
- The defendant's family repaired and compensated for the damages on behalf of the defendant;
- The victim or the victim's legal representative requests a reduction in the sentence for the defendant in cases where the defendant only caused harm to the victim's health or property damage;
- Committing a crime while serving urgent work requirements such as responding to storms, floods, or providing emergency assistance.
Furthermore, during the trial, depending on the specific circumstances and situation of the offender, the court may also consider other factors as mitigating circumstances, but these must be clearly stated in the judgment.
Note: The advice provided above is for informational purposes only. Depending on the time and target audience, this advice may no longer be relevant due to changes in policies and laws.
