Cases of complicity under the Criminal Law
(Baonghean.vn) - Mr. Nguyen Quoc T. in Dien Chau district asked: What is an accomplice? How is the decision on punishment for an accomplice regulated?
According to Article 17 of the 2015 Penal Code (amended and supplemented in 2017), accomplices are defined as follows:
1. Complicity is a case where two or more people intentionally commit a crime together.
2. Organized crime is a form of complicity involving close collusion between those who commit the crime.
3. Accomplices include organizers, executors, instigators and helpers.
The perpetrator is the person who directly commits the crime.
The organizer is the mastermind, leader, and commander of the crime.
An instigator is a person who incites, entices, or encourages another person to commit a crime.
An accomplice is someone who creates mental or material conditions for the commission of a crime.
4. An accomplice shall not be criminally liable for the excessive acts of the perpetrator.
The decision on punishment for accomplices is stipulated in Article 58 of the Penal Code 2015, amended and supplemented in 2017 as follows:
"Article 58. Decision on punishment in case of complicity.
When deciding on the punishment for accomplices, the Court must consider the nature of the accomplices and the nature and degree of participation in the crime of each accomplice.
Mitigating, aggravating or excluding circumstances of criminal liability of any accomplice shall only apply to that person".
