Grounds for exemption from criminal liability

Reply:

Exemption from criminal liability is a situation where a person has committed a crime but, due to meeting certain conditions, is not required to bear the consequences of committing that crime.

Article 29 of the 2015 Penal Code, as amended and supplemented in 2017, stipulates the grounds for exemption from criminal liability as follows:

1. An offender is exempt from criminal liability when one of the following grounds exists:

a) During the investigation, prosecution, or trial, due to changes in policy or law, the criminal act is no longer deemed dangerous to society;

b) When a general amnesty is granted.

2. An offender may be exempted from criminal liability if one of the following grounds exists:

a) During the investigation, prosecution, and trial, due to changes in circumstances, the offender is no longer a danger to society;

b) During the investigation, prosecution, and trial, the offender suffers from a terminal illness that renders them incapable of posing a danger to society;

c) The offender confesses, clearly explains the facts, effectively contributes to the detection and investigation of the crime, strives to minimize the consequences of the crime, and performs a great service or makes a special contribution, which is recognized by the State and society.

3. A person who commits a minor offense or a serious offense unintentionally causing harm to the life, health, honor, dignity, or property of another person, and is voluntarily reconciled with the victim or the victim's representative who requests exemption from criminal liability, may be exempted from criminal liability.

Regarding mExemption from criminal liability for offenders under the age of 18:

Clauses 2 and 4 of Article 91 of the 2015 Penal Code, as amended in 2017, stipulate that persons under 18 years of age who commit crimes falling under one of the following cases and have many mitigating circumstances, voluntarily remedy most of the consequences, and if not falling under the cases stipulated in Article 29 of this Code, may be exempted from criminal liability and subject to one of the measures stipulated in Section 2 of this Chapter:

a) Persons aged 16 to under 18 who commit minor offenses or serious offenses, excluding offenses stipulated in Articles 134, 141, 171, 248, 249, 250, 251, and 252 of this Code;

b) Persons aged 14 to under 16 who commit very serious crimes as prescribed in Clause 2, Article 12 of this Code, except for crimes prescribed in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 of this Code;

c) Persons under 18 years of age who are accomplices with an insignificant role in the case.