When is backwardness considered a crime?
I've heard that ethnic minorities who commit crimes often receive mitigating circumstances, such as being convicted due to backwardness and lack of education. Is this true? (Question from Ms. Vi Thi H., Con Cuong commune, Nghe An province)
Reply:Clause 12, Article 2 of Resolution No. 04/2025/NQ-HĐTP of the Council of Judges of the Supreme People's Court provides guidance on mitigating circumstances for crimes committed due to backwardness as follows:
12. “Committing a crime due to backwardness,” as stipulated in point m, clause 1, Article 51 of the Penal Code, refers to cases where a crime is committed due to low awareness or education, resulting in a failure to fully understand the serious nature of the act or to keep pace with the general progress and development of society. The aggravating circumstance of “committing a crime due to backwardness” only applies if that backwardness is due to objective causes (such as: lack of or poor understanding of the law due to social circumstances, lack of education, or lack of practical experience to discern right from wrong in life...).
Example: Sung Van A is a member of an ethnic minority group living in an area with particularly difficult socio-economic conditions where the custom of early marriage abduction still persists. A abducted 14-year-old Vang Thi B without her consent, resulting in B becoming pregnant at the age of 15. In this case, Sung Van A is eligible for mitigating circumstances under point m, clause 1, Article 51 of the Penal Code.
According to the above regulations, in order to be eligible for the mitigating circumstance of committing a crime due to backwardness, there must be evidence showing that the offender committed the crime due to low awareness or education level, failing to fully understand the serious nature of their actions or failing to keep up with the general progress and development of society.
On the other hand, that backwardness must be due to objective causes (such as: lack of or poor understanding of the law due to social life, lack of education, lack of practical conditions to discern right from wrong in life...).
Therefore, not every case of a crime committed by an ethnic minority is considered a crime committed due to backwardness to qualify for mitigating circumstances. This mitigating circumstance is only applied when there is evidence to determine that the offender's low level of awareness and education, their inability to keep up with the general development of society, and that this backwardness stems from objective causes such as living conditions, social environment, and access to education and law. Whether or not to apply this is at the discretion and assessment of the Court based on each specific case.
