In what cases does a blood relationship constitute incest?

Reply:Incest is considered a crime that affects social morality, customs and ethics, violates family relationships and traditions, and affects family happiness. Therefore, the object of incest is the healthy development of the race and the good traditions of the Vietnamese family.

There have been many scientific studies showing that incestuous intercourse can potentially lead to a very high risk of giving birth to unhealthy, slow-developing children with birth defects... In addition, incestuous intercourse disrupts the order, traditions, and customs in Vietnam, creating complex overlaps between relationships, causing damage to the reputation of the whole family and clan.

Pursuant to Article 184 of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code, it is stipulated that:

Anyone who has sexual intercourse with a person whom he/she knows to be of the same bloodline, a sibling, half-sibling, or half-sibling, shall be sentenced to imprisonment from 01 year to 05 years.

Objectively, the crime of incest is the act of “knowing clearly” that the person having sexual intercourse with one is of the same bloodline. Thus, the crime of incest can only appear and be constituted when both people participating in sexual intercourse are voluntary and clearly know that the person participating in sexual intercourse is a close blood relative to them.

At the same time, only when sexual intercourse occurs does it constitute the crime of incest. In all other cases such as living together as husband and wife, getting married, etc., where sexual intercourse does not occur, criminal liability for incest or other types of incestuous sexual abuse will not be prosecuted, but only administrative penalties will be imposed.

The subjective aspect of the crime of incest is the intentional commission of a crime. If one unintentionally commits sexual intercourse with a person of the same bloodline, who is a sibling, half-sibling, or half-sibling, it does not constitute the crime of incest because the person having sexual intercourse does not know, “does not clearly know” that the person having sexual intercourse with him or her is a person of the same bloodline, a sibling, half-sibling, or half-sibling.

The subjects of the crime of incest are people of the same bloodline, or siblings with the same parents, half-siblings or half-siblings. The above acts are performed between adoptive parents and adopted children, between step-parents and step-children, between parents and daughters-in-law or sons-in-law, although considered by society as "incestuous" acts and prohibited by the law on marriage and family, but are not incest as a crime (does not constitute the crime of incest) and the subjects can be administratively punished but not prosecuted for criminal liability.

Thus, not all cases of sexual intercourse or sexual relations with blood relatives will constitute the crime of incest. The specific crime will depend on each specific case. However, when determining the crime of incest, when performing sexual intercourse, both parties must be voluntary. At the same time, one or both must clearly know that the other party is a person of the same bloodline as them, a sibling, half-sibling or half-sibling. The penalty for the crime of incest is from 01 year to 05 years in prison.