Grounds for exemption from criminal prosecution

Reply:

Exemption from criminal liability is a case where a person has committed a crime but due to meeting certain conditions does not have to suffer the consequences of committing that crime.

Article 29 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the grounds for exemption from criminal liability, as follows:

1. A criminal is exempted from criminal liability when there is one of the following grounds:

a) When conducting an investigation, prosecution or trial, due to changes in policy or law, the criminal act is no longer dangerous to society;

b) When there is a decision of general amnesty.

2. A criminal may be exempted from criminal liability when one of the following grounds exists:

a) When conducting investigation, prosecution, or trial, due to changes in the situation, the offender is no longer dangerous to society;

b) During the investigation, prosecution, or trial, the offender suffers from a serious illness that results in him/her no longer being able to pose a danger to society;

c) The offender confesses, clearly states the incident, effectively contributes to the detection and investigation of the crime, tries to minimize the consequences of the crime and makes great achievements or special contributions, recognized by the State and society.

3. A person who commits a less serious crime or a serious crime unintentionally causing damage to the life, health, honor, dignity or property of another person and is voluntarily reconciled by the victim or the victim's representative and requests exemption from criminal liability, may be exempted from criminal liability.

About mExemption from criminal liability for persons under 18 years of age who commit crimes:

Clause 2, Clause 4, Article 91 of the 2015 Penal Code, amended and supplemented in 2017, stipulates: A person under 18 years of age who commits a crime in one of the following cases and has many mitigating circumstances, voluntarily remedies most of the consequences, if not in the case specified in Article 29 of this Code, may be exempted from criminal liability and subject to one of the measures specified in Section 2 of this Chapter:

a) Persons from 16 to under 18 years of age who commit less serious crimes or serious crimes, except for crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 of this Code;

b) Persons from 14 to under 16 years old who commit very serious crimes specified in Clause 2, Article 12 of this Code, except for crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 of this Code;

c) A person under 18 years of age is an accomplice with an insignificant role in the case.

GH