Is it a crime to assault a creditor because of threats?
My mother owes Mr. B a sum of money. The repayment deadline has passed, and my mother doesn't have the money to pay, so Mr. B frequently assaults and threatens me, saying he will kill me if I don't pay the debt on her behalf. Out of fear, I and some friends went to meet Mr. B to negotiate, but it led to a fight, resulting in Mr. B sustaining 30% bodily injury.
In this case, am I guilty of a crime, and if so, can I be granted mitigating circumstances such as being threatened by someone else? This is a question from Mr. Nguyen Van V. (Hoang Mai Ward, Nghe An Province).
Reply:In your case, if there is evidence to suggest that you intentionally inflicted injury on Mr. B., you could be prosecuted and tried for the crime of "Intentional Infliction of Injury" as stipulated in Article 134 of the current Penal Code. However, to determine whether your actions constitute the crime of intentional infliction of injury, it is necessary to rely on the investigation findings of the investigating agency, as well as the entire case file and the trial proceedings in court if you are prosecuted and tried.
If you are prosecuted, indicted, and tried, you may be eligible for the mitigating circumstance of "Committing a crime due to threats from others" as stipulated in point k, clause 1, Article 51 of the Penal Code, because according to clause 10, Article 2 of Resolution No. 04/2025/NQ-HĐTP of the Council of Judges of the Supreme People's Court:
10. “Committing a crime due to threats or coercion from others,” as stipulated in point k, clause 1, Article 51 of the Penal Code, refers to committing a crime under one of the following circumstances:
a) "Being threatened by others" means being threatened with punishment if one disobeys their wishes, creating fear in the offender about possible consequences, and to avoid those consequences, the offender committed the crime;
[...]
When this mitigating circumstance is applied, the degree of reduction in criminal liability depends on the nature and extent of the crime and the acts of threat or coercion against the offender.
Therefore, you were threatened with death (punishment) by Mr. B if you did not pay your mother's debt (disobeying Mr. B's wishes), and this caused you fear that you might be killed. To avoid this, you went to meet Mr. B to negotiate, but you injured him during the negotiation. Therefore, you may be entitled to the mitigating circumstance of committing a crime due to threats from another person, as stipulated by law.
