How to decide on punishment in case of preparing to commit a crime or attempted crime?
(Baonghean.vn) - Ms. Nguyen Thi Huyen, residing in Hung Nguyen district, asked: How are people who prepare to commit a crime, or commit a crime but fail to commit it, handled?
Reply:
- According to Article 14 of the Penal Code 2015, amended and supplemented in 2017:
"Preparation for a crime is searching for, preparing tools, means or creating other conditions to commit a crime or establishing or participating in a criminal group, except for the case of establishing or participating in a criminal group specified in Article 109, Point a, Clause 2, Article 113 or Point a, Clause 2, Article 299 of this Code"
-According to Article 15 of the 2015 Penal Code, amended and supplemented in 2017:
“Attempted crime is the intentional commission of a crime but the failure to carry it out completely due to reasons beyond the criminal's control.”
Although these two cases have not yet resulted in criminal consequences, they are still dangerous acts that require deterrence and education.
-Decision on penalty in case of preparing to commit a crime or attempted crime as prescribed in Article 57 of the Penal Code is as follows:
1. For acts of preparing to commit a crime and acts of attempting to commit a crime, the penalty shall be decided according to the provisions of this Code on the corresponding crimes depending on the nature, level of danger to society of the act, the level of carrying out the intention to commit the crime and other circumstances that prevent the crime from being carried out to the end.
2. In case of preparation for a crime, the penalty is decided within the penalty framework prescribed in specific laws.
3. In the case of an attempted crime, if the applicable law stipulates the highest penalty of life imprisonment or death penalty, the penalty shall not exceed 20 years of imprisonment; if it is a fixed-term imprisonment, the penalty shall not exceed three-quarters of the prison term prescribed by the law.