In the process of resolving a criminal case, the consideration, assessment and correct application of circumstances that mitigate criminal liability are My 1st Grade Are 100 Days Smarter Teacher 100 Day of School T-Shirt very important; However, in practice, there are still points that have not been understood and uniformly applied, including the details specified at Point b, Clause 1, Article 51 of the 2015 Penal Code.

Compared with the provisions of Point b, Clause 1, Article 46 of the 1999 Penal Code, the provisions at Point b, Clause 1, Article 51 of the 2015 Penal Code, have Nurse American US Flag Wings T-Shirt a new point, that is to replace the comma (,) with the word “or” after the phrase of compensation. harm. This means that the 2015 Penal Code has had a clearer distinction compared with the previous provisions of the 1999 Penal Code. Depending on the criminal act, the offender “voluntarily corrects, compensates for damage” or the offender “overcomes the consequences” is already applying the criminal liability mitigation circumstance OPERATIONS SUPERVISOR Funny Humor Gift T-Shirt specified at Point b, Clause 1. Article 46 of the Penal Code 2015. However, the reality shows that the understanding and application of the fact that “the offender voluntarily repaired, compensated for damage or remedied the consequences” is still different, inconsistent due to awareness. differ as follows:

1. How much damage must the offender pay for the damage to be considered “voluntary compensation”?

In many criminal cases, after committing the offense, the offender voluntarily compensates for the damage. However, the offender’s compensation for damage in each case is different. There are cases where the offender pays negligible damages, in other cases the offender pays compensation for nearly half or more … The amount of compensation is also different, such as the offender’s compensation 100 % of the damage with the amount of VND 2,100,000, but there are cases where the offender compensates 10% of the damage but with the amount of VND 100,000,000. So how much damage must the offender have to pay for the fact that “voluntary compensation” is applied.

There is a view that, as long as the offender is good faith and voluntarily Retro Metal Detector Gifts Men Detecting Treasure Hunter Shirt compensates for the damage caused by the criminal act, the fact that the offender voluntarily repaired, compensated for damage or remedied consequences ”without distinguishing the offender how much compensation. However, there is also the view that if the offender only compensates the damage with a negligible amount compared to the damage caused such as 10-20% of the damage, it cannot be considered as having voluntarily compensated for the damage. Therefore, there Taxation Is Theft Anti-Government Voluntaryism Libertarian Shirt should be a specific regulation on the percentage of damages that the offender actually compensated. This compensation rate can be at least 50% of damage or more.

This point of view stems from a similar application of the Supreme People’s Court’s answer to the fact that “partially compensated civil obligations” specified in Clause 1, Article 63 of the Criminal Code at Section 1, Part I, Official Document No. 64 / TANDTC-PC dated April 3, 2019. Accordingly, the This Boy is Now 10 Double Digits Trex Birthday 10 years old T-Shirt fact that “partially compensated civil obligations” specified in Clause 1, Article 63 of the Penal Code shall be answered as follows: “Under the provisions of Point c, Clause 3, Article 40 of the Figure Code. non-execution of the death penalty against a person sentenced to death for property embezzlement or accepting bribes if, after being convicted, they return at least three-quarters of the embezzlement, accept the Trendy Fifth Sun Space Corgi T-Shirt bribe and actively cooperate with authorities in detecting, investigating and handling crimes or achieving great results. However, in the case of non-custodial reform, term imprisonment or life imprisonment is a lighter sentence than the death penalty, so “partially compensating civil obligations” specified in Clause 1, Article 63 of the Penal Code is understood to be to compensate at least one-half of the civil obligations under the Court’s judgments or decisions. In case, the convicted person is entitled to Unicorn Thyroid Cancer Girl Shirt compensate less than half of the civil obligation under a court judgment or decision but has a written exemption or reduction of a part of civil obligations or otherwise agreed upon by the victim ( certified by the competent authority) that the convicted person has compensated half of the civil obligation, it is also considered “partly compensated civil obligation”. Therefore, “partially compensated for civil obligations” specified in Clause 1, Article 63 of the Penal Code is understood to have compensated at least one-half of the civil obligations under the Court’s judgments or decisions. . In case, the convicted person is entitled to compensate less than half of the civil obligation under a court judgment or decision but has a written exemption or reduction of a part of civil obligations or otherwise agreed upon by the victim ( certified by the competent authority) that the convicted person has compensated half of the civil obligation, it is also considered “partly compensated civil obligation”. Therefore, “partially compensated for civil obligations” specified in Clause 1, Article 63 of the Penal Code is understood to have compensated at least one-half of the civil obligations under the Court’s judgments or decisions. . In case, the convicted person is entitled to compensate less than half of the civil obligation under a court judgment or decision but has a written exemption or reduction of a part of civil obligations or otherwise agreed upon by the victim ( certified by the competent authority) that the convicted person has compensated half of the civil obligation, it is also considered “partly compensated civil obligation”.

2. Offenders voluntarily overcoming the consequences caused by their acts, but these acts are not examined for penal liability, may apply the fact “The offender voluntarily repaired, compensated for damage. or overcoming the consequences “?

On July 5, 2018, Nguyen Van A committed the theft of Ms. B’s property worth VND 2,500,000. During the investigation, A confessed that about 01 month earlier, A also committed the act of stealing money from Mrs. B with 1,200,000 VND. After that, the investigation agency recovered and returned the stolen property on July 5, 2018 to the victim. A also voluntarily returned the stolen amount to Ms. B of VND 1,200,000. As a rule, Nguyen Van A’s theft of money is not prosecuted for criminal liability.

There is an opinion that A’s theft of 1,200,000 VND, although not being prosecuted for criminal liability, is considered and resolved in the same criminal case, so A voluntarily returned to her. B amount 1,200.00