The phenomenon of “juvenile offending” has become increasingly common in recent years. Each year, numerous trials involve cases of murder, robbery, and intentional infliction of injury where the perpetrators are under 18 years of age.
For instance, Lê Văn Luyện committed a heinous crime at the age of 17 years, 10 months, and 6 days when he murdered an entire family in Bắc Giang. His acts were far from “naïve” as might be expected of his age, and were even described as “unprecedentedly brutal.” However, the prosecution and trial of minors are governed by special provisions, since this age group has not yet fully developed their awareness and capacity for judgment.
Some notable provisions when adjudicating offenders under 18 include:
- Persons aged from 14 years to under 16 years shall bear criminal liability for 28 specified offences, which are classified as very serious or especially serious crimes under Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, and 304 of the Penal Code 2015.
- Where the applicable law prescribes life imprisonment or the death penalty, the maximum penalty for offenders in this age group shall not exceed 12 years’ imprisonment.
- Where the applicable law prescribes a fixed-term prison sentence, the maximum penalty shall not exceed one-half of the maximum term prescribed by law.
- Persons aged from 16 years to under 18 years shall bear criminal liability for all criminal offences, except where otherwise provided by the Penal Code.
- They shall not be sentenced to life imprisonment or the death penalty. Where the law prescribes life imprisonment or death, the maximum penalty shall not exceed 18 years’ imprisonment (as in the case of Luyện).
- Where the law prescribes a fixed-term prison sentence, the maximum penalty shall not exceed three-quarters of the statutory maximum.
- Exemption from criminal liability may be granted to minors where multiple mitigating circumstances exist, where the offender has voluntarily remedied the consequences, or where the offender’s role as an accomplice is deemed insignificant. This applies particularly to offences causing minor consequences (as stipulated in Clause 2, Article 91 of the Penal Code 2015).
- Penalties applicable to minors are limited to:
- Caution;
- Fine;
- Non-custodial reform;
- Fixed-term imprisonment.
- Supervision and educational measures may be applied in lieu of criminal liability, including reprimand, community reconciliation, or education at commune, ward, or township level, upon decision of the Investigating Authority, Procuracy, or Court, and with the consent of the minor or their lawful representative.
- Courts shall only impose imprisonment if it is deemed that other penalties and educational measures would not serve deterrent or preventive purposes. In such cases, sentences shall be lighter than those imposed on adult offenders for corresponding crimes and shall be for the shortest appropriate duration.
- Early release on parole may be granted to minors serving prison sentences if:
- It is their first offence;
- They have made significant progress and demonstrated good rehabilitation;
- They have served at least one-third of their sentence;
- They have a clear and stable place of residence.
In summary: At the adolescent stage, marked by impulsiveness, rebelliousness, and incomplete awareness, coupled with complex psychological and physiological development, the Vietnamese Penal Code adopts the principle that the handling of offenders under 18 primarily serves educational purposes. The law aims to assist them in correcting mistakes and fostering healthy development, recognizing that they still have a long future ahead. Criminal liability for minors is pursued only when truly necessary, and always with leniency-oriented provisions.
Personal message to young people:
Focus on your studies. Do not participate in group fights or violence of any kind. In reality, there have been cases where victims have died or sustained serious injuries, even though the youth involved did not directly cause the fatal harm. You may think throwing a few punches or kicks is harmless, but under the law you can still be considered an “accomplice” acting “in concert,” and thus face prosecution (depending on the severity of the harm caused).
Moreover, your parents may be compelled to compensate victims for hospital bills, which can be enormous. If the victim’s family withdraws their complaint, administrative fines and mental distress compensation may still apply. Ask yourself: is one impulsive moment worth causing your parents such financial and emotional burden – especially in families with low or unstable income?
Avoid arguments and disputes that may escalate into violent retaliation. Certain vital parts of the body, if struck, can cause grave consequences – what begins as an intention to “teach someone a lesson” may unintentionally cause serious injury or even death.
School violence must be condemned and reported!
