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CRIMINAL LAW - Coggle Diagram
CRIMINAL LAW
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DEFINITION
A branch of law in the Vietnamese legal system
Consisting of legal norms enacted by the state
Conducts prohibited
Punishments
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LIABILITY CAPABLE
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Individual
No mental issue
More than 14 years old but under 16 years old (Crime: very serious, intentional crime)
From 16 years old and above: ALL CRIMES
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Organization
Only commerical persons
Bear the liability for the crimes regulated at some specific articles of the criminal code
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All criminal acts conducted within Vietnamese territory
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Some criminal acts conducted outside of Vietnamese territory
Victims are Vietnamese
Crimes that happened within Vietnamese air or sea territory
Offenders are Vietnamese
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FAULTY ACTS
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Internationally
Aware that their acts are dangerous to society
Don’t wish but consciously allow the consequences to occur
Wish the consequences to occur
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Uninternationally
Foresee that their acts may harm society
The consequences shall not occur or can be warded off
Don’t foresee that their acts may harm society
But they must have foreseen or did foresee.
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A CRIME BUT NOT CONSIDERED AS A CRIME
Legitimate defence
Risks in research, experiment, and application of technological advances
Perform orders of supervisors and commanders
Infliction of bodily harm while capturing criminals
Conducted in urgent circumstances
punishment
organization
fine
susposions
shut down
individuals
caution
fine >= 16
fixed term imprison
=>14-16 1/2 year
=>16-18 2/3 year
lif term imprison
not for <18
dead penalty
not for
pregnant women
women nurturing <16 months
< 18years old
offenders >= 75
return 3/4 corrupted property
non custodial reform
expulsion foreigner >=18
ELEMENTS OF CRIMES
Actus reus (Conduct)
Voluntary Acts
Omissions
Possession
Social Harm
Mens Rea
Classification of Crimes
Types of Culpability
Paring down statutes to Culpability and (M.E.O)
Steps to breaking dơn statues
Actual Cause "But For"
Proximate Causation "Foreseeability
DEFENSES
Justifications
Excuse
Self-Defense
Necessity
Duress
Mental illness