Distinguishing the four types of crimes according to the Penal Code.
(Baonghean.vn) - Ms. Nguyen Van Anh, residing in Do Luong district, asks: What is a crime? According to the current Penal Code, how many types of crimes are there?
Reply:
Clause 1, Article 8 of the 2015 Penal Code, as amended and supplemented in 2017, clearly states:
A crime is a socially dangerous act defined in the Penal Code, committed intentionally or unintentionally by a person with criminal responsibility or a commercial legal entity, infringing upon the independence, sovereignty, unity, and territorial integrity of the Fatherland; infringing upon the political system, economic system, culture, national defense, security, social order and safety; infringing upon the legitimate rights and interests of organizations; infringing upon human rights; infringing upon the legitimate rights and interests of citizens; and infringing upon other areas of the socialist legal order that, according to the provisions of this Code, must be subject to criminal prosecution.
According to Article 9 of the 2015 Penal Code, as amended in 2017, based on the nature and severity of the criminal act, crimes are classified into four categories as follows:
a)Minor offenses: LCrimes that are not inherently dangerous to society, and for which the maximum penalty stipulated in this Code is a fine, non-custodial correctional punishment, or imprisonment for up to 3 years;
bSerious crime: LCrimes that are of a serious nature and degree of danger to society, for which the highest penalty range prescribed by this Code is from over 3 years to 7 years imprisonment;
c)Very serious crime: LCrimes that are of a very dangerous nature and degree to society, for which the highest penalty range prescribed by this Code is from over 7 years to 15 years imprisonment;
d)Particularly serious crimes: LCrimes that are of an exceptionally dangerous nature and degree to society, for which the highest penalty range prescribed by this Code is from over 15 years to 20 years imprisonment, life imprisonment, or the death penalty.
The classification of crimes is of great importance in regulating the principles of handling cases, the age of criminal responsibility, the statute of limitations for criminal prosecution, the statute of limitations for enforcing judgments, and other regulations on the conditions for applying certain types of penalties or judicial measures...
The classification of crimes also serves as a basis for specifying criminal responsibility, prescribing penalty frameworks, and ensuring the principle of individualizing criminal responsibility and punishment. Furthermore, the classification of crimes is significant for regulating certain provisions on temporary detention and custody in the Criminal Procedure Code.
