Age of criminal responsibility according to the law

GH September 8, 2023 09:47

(Baonghean.vn) - Ms. Nguyen Thi T. in N. province asked: According to the law, from what age must a criminal be held criminally responsible?

Reply:

Criminal liability is considered as the adverse legal consequences that the offender must bear for his criminal behavior. Criminal liability is a form of legal responsibility, including: The obligation to be affected by criminal prosecution activities, to be convicted, to be subject to criminal enforcement measures and to have a criminal record.

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Defendant Luu Quoc V. (born 2008), residing in Thanh Chuong district, was sentenced to 3 years and 6 months in prison for the crime of "Murder". Photo: Tran Vu

Article 12 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the age of criminal responsibility as follows:

1. Persons aged 16 years or older shall bear criminal responsibility for all crimes, except for crimes otherwise provided for in this Code.

2. Persons aged 14 or older, but under 16 years old, shall only be criminally responsible for murder, intentional injury or harm to the health of others, rape, rape of a person under 16 years old, rape of a person from 13 to under 16 years old, robbery, kidnapping for the purpose of appropriating property; for very serious crimes, especially serious crimes specified in one of the following articles:

a) Article 143 (crime of rape); Article 150 (crime of human trafficking); Article 151 (crime of trafficking in persons under 16 years of age);

b) Article 170 (crime of extortion); Article 171 (crime of snatching); Article 173 (crime of theft); Article 178 (crime of destroying or intentionally damaging property);

c) Article 248 (crime of illegal production of narcotics); Article 249 (crime of illegal possession of narcotics); Article 250 (crime of illegal transportation of narcotics); Article 251 (crime of illegal trading of narcotics); Article 252 (crime of appropriation of narcotics);

d) Article 265 (crime of organizing illegal racing); Article 266 (crime of illegal racing);

d) Article 285 (crime of manufacturing, trading, exchanging or giving away tools, equipment, software for illegal purposes); Article 286 (crime of disseminating computer programs that harm the operation of computer networks, telecommunications networks, and electronic means); Article 287 (crime of obstructing or disrupting the operation of computer networks, telecommunications networks, and electronic means); Article 289 (crime of illegally accessing another person's computer network, telecommunications network, or electronic means); Article 290 (crime of using a computer network, telecommunications network, or electronic means to commit an act of property appropriation);

e) Article 299 (crime of terrorism); Article 303 (crime of destroying important works, facilities, and means related to national security); Article 304 (crime of illegally manufacturing, storing, transporting, using, trading, or appropriating military weapons and military technical means).

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Age of criminal responsibility according to the law
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