How is failure to report a crime punished?
(Baonghean.vn) - Mr. Nguyen Van H. in Nghi Loc district asked what is failure to report a crime? How is the act of failure to report a crime handled according to the law?
Reply:
Failure to report a crime is understood as knowing but not reporting; discovering a crime but pretending not to know, remaining silent; not reporting to the authorities for handling. Discovery of a crime can occur when the offender is in the process of preparing to commit a crime; or while the crime is being committed or has been committed.
Article 19 of the 2015 Penal Code (amended and supplemented in 2017) stipulates:
1. Any person who knows that a crime is being prepared, is being committed or has been committed but does not report it shall bear criminal responsibility for the crime of Failure to report a crime as prescribed in Article 390 of this Code.
2. A person who fails to report a crime is a grandfather, grandmother, father, mother, child, grandchild, sibling, wife or husband of the offender and shall not be held criminally responsible as prescribed in Clause 1 of this Article, except in cases of failure to report crimes prescribed in Chapter XIII of this Code or other crimes that are particularly serious crimes.
3. A person who fails to report a crime is not criminally liable as prescribed in Clause 1 of this Article, except in cases of failure to report crimes prescribed in Chapter XIII of this Code or other particularly serious crimes that the person he/she is defending is preparing, is committing, or has committed, and which the defender clearly knows about when carrying out the defense.
In addition, Article 390 of the 2015 Penal Code (amended and supplemented in 2017) stipulates:
1. Any person who clearly knows that one of the crimes specified in Article 389 of this Code is being prepared, is being or has been committed but does not report it, if not falling under the case specified in Clause 2, Article 19 of this Code, shall be subject to a warning, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
2. A person who fails to report a crime, if he or she has taken action to prevent the crime or limit the harm caused by the crime, may be exempt from criminal liability or from punishment.
