Is an attempted crime subject to criminal liability?

Reply:

Attempted crime is one of three types of intentional crime (preparation to commit crime, attempted crime and completed crime - normal crime cases).

Article 15 of the 2015 Penal Code, amended and supplemented in 2017, stipulates:

- Attempted crime is the intentional commission of a crime but is not carried out to the end due to reasons beyond the offender's control.

-The person who commits an attempted crime must bear criminal responsibility for the attempted crime..

Article 57 of the Penal Code stipulates the decision on punishment for attempted crimes as follows:

- The penalty for an unfinished crime is determined according to the articles of this Code on the corresponding crimes depending on the nature, level of danger to society of the act, the level of implementation of the criminal intention and other circumstances that prevent the crime from being carried out to the end.

- If the applicable law stipulates the highest penalty is life imprisonment or death penalty, the prison term shall not exceed 20 years; if it is fixed-term imprisonment, the penalty shall not exceed 3/4 of the prison term prescribed by the law.

In case a person from 14 to under 16 years old commits an attempted crime:

According to Clause 3, Article 102 of the Penal Code, the highest penalty applicable to persons from 14 years old to under 16 years old who commit an attempted crime is not more than 1/3 of the highest penalty. In which:

+ The term of non-custodial reform for people under 18 years old who commit crimes shall not exceed half of the term prescribed by law (according to Clause 1, Article 100).

+ If the applicable law prescribes life imprisonment or the death penalty, the highest penalty applied shall not exceed 12 years in prison; if it is a fixed-term prison sentence, the highest penalty applied shall not exceed half of the prison term prescribed by the law (according to Clause 2, Article 101).