Tiếng Việt
Table of Contents
1. What is exceeding the limits of legitimate defense?
2. What is the criminal penalty for murder beyond the limits of legitimate defense?
3. Is exceeding the limits of legitimate defense considered a mitigating circumstance?
1. What is exceeding the limits of legitimate defense?
According to Clause 2, Article 22 of the 2015 Penal Code, amended and supplemented in 2017, it is stipulated that:
“2. Unjustified force in self-defense means the use of force which is more than reasonably necessary and not appropriate for the nature and danger to society posed by the infringement.
The person who uses unjustified force in self-defense shall take criminal responsibility as prescribed by this Code.”
2. What is the level of criminal punishment for murder due to exceeding the limits of legitimate defense?
According to Article 126 of the 2015 Penal Code, amended and supplemented in 2017, the crime of murder due to exceeding the limits of legitimate defense or exceeding the necessary level when arresting a criminal is defined as follows:
“Article 126. Voluntary manslaughter due to the use of unjustified force in self-defense or while capturing a criminal
1. A murder of a person due to the use of unjustified force in self-defense or while capturing a criminal carries a penalty of up to 02 years’ community sentence or 03 – 24 months’ imprisonment.
2. The murder of 02 or more people in this case shall carry a penalty of 02 – 05 years’ imprisonment.”
Thus, murder in a case of exceeding the limits of legitimate defense can be subject to a maximum prison sentence of up to 05 years.
3. Is exceeding the limits of legitimate defense considered a mitigating circumstance?
According to Article 51 of the 2015 Penal Code, amended and supplemented in 2017, it is stipulated that:
“Article 51. Mitigating factors
1. The following circumstances are considered mitigating factors:
a) The offender has prevented or reduced the harm caused by the crime;
b) The offender voluntarily makes rectification, pays damages, or relieves the consequences;
c) The crime is considered unjustified force in self-defense;
d) The crime is considered unjustified force in urgent circumstance;
dd) The crime is considered unjustified force in capturing a criminal;
e) The crime is committed under provocation caused by the victim’s illegal acts;
g) The crime is committed because of extreme hardship that is not on the offender’s account;
h) The crime has not inflicted damage or the damage inflicted is not significant;
i) The offender commits a less serious crime and does not have prior criminal record;
k) The crime is committed because the offender threatened or coerced by others;
l) The offender commits the crime while because of lack of awareness that is not on his/her account;
m) The crime is committed due to obsolescence;
n) The offender is a pregnant woman;
o) The offender is 70 years of age or older;
p) The offender has a serious physical disability or extremely serious physical disability;
g) The offender has a disease that limits his/her awareness or control of his/her acts;
r) The offender turns himself/herself in;
s) The offender expresses cooperative attitude or contrition;
t) The offender arduously assisting the agencies concerned in discovery of crimes or investigation;
u) The offender has made reparation in an effort to atone for the crime;
v) The offender is an excellent worker, soldier, or student;
x) The offender is a parent, spouse, or child of a war martyr or war veteran.
2. When issuing a decision on sentences, the Court might consider the offender’s turning himself/herself in or other circumstances as mitigating factors and specify the reasons in the judgment.
3. If a circumstance defined as a mitigating factor this Code is the basis for determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on sentences.”
Based on the above provisions, committing a crime in a case of exceeding the limits of legitimate defense is considered a mitigating circumstance of criminal responsibility.