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What is Crime? Crime concept? What is English Crime? Classification of crimes according to the provisions of the Criminal Code? What are the ways to classify crimes according to the latest Vietnamese criminal law 2021?

What is crime? What is considered a crime? How are levels of crime classified? For a person who commits a crime, whether that offense is considered serious or particularly serious, and on what basis to determine that issue. Vietnam’s criminal law, right from the 1999 Penal Code, has provisions on classification of crimes at different levels based on the penalty frame. The classification of crimes will affect the issue of whether to receive a suspended sentence or not? Time to remove criminal records, etc. So, to better understand this issue, please follow the analysis below:

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1. What is crime?

Pursuant to the provisions of Article 8 of the 2015 Penal Code, as amended in 2017, the concept of crime is understood as follows:

The crime must be a dangerous act for society and must be specified in the Penal Code, committed by a person with criminal capacity or a commercial legal entity, intentionally or unintentionally, infringing upon the independence of the community. , sovereignty, unification, territorial integrity of the Fatherland, infringing upon the political regime, economic regime, culture, national defense, security, order, social safety, legitimate rights and interests organizations, infringing upon human rights, legitimate rights and interests of citizens, and other areas of the socialist legal order, which, according to the provisions of this Code, must be criminally handled.

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Thus, only the criminal law stipulates that crime must be an act that is dangerous to society, whether intentionally or unintentionally infringing upon relationships protected by the criminal law. Such as the relationship of life, health, honor and dignity, the relationship of security – defense, etc. The subject of the crime can be a person with civil act capacity and a commercial legal entity. . Depending on the nature and level of danger to society, crimes are divided into 4 types.

2. What is English Crime?

Criminal English is: Crime

3. Crime classification according to the Criminal Code 2015

Pursuant to Article 9 of the 2015 Penal Code, which was amended and supplemented in 2017, there are 4 types of crimes:

One is, Less serious crimeis a type of crime with a nature and level of danger to society that is not great, but the highest level of the penalty frame prescribed by the Penal Code for such crime is a fine, non-custodial reform or imprisonment. up to 03 years;

Two is, Serious crime is a crime with a nature and degree of great danger to society, for which the maximum penalty bracket prescribed by the Penal Code is from over 3 years to 07 years in prison;

Three is, Very serious crime is a crime of great nature and danger to society for which the maximum penalty bracket prescribed by the Penal Code is from over 07 years to 15 years imprisonment;

The fourth is, Extremely serious crime is a crime of particularly great danger to society and the highest penalty bracket prescribed by the Penal Code for that crime is from over 15 years to 20 years in prison, or life imprisonment. or death penalty.

Thus, according to the 2015 Penal Code, crimes are classified into 4 categories. The basis for classifying crimes is based on the dangerous nature, the degree of danger to society and more specifically, people are based on the penalty frame for that crime to see what type of crime it is.

4. Elements constituting a crime

Regardless of the type of crime, it is also composed of 4 elements including: Subject, Object, Objective side and Subjective side of the crime.

The subject of the crime:

The Penal Code 2015 amended and supplemented in 2017 has made a remarkable change compared to the “Criminal Code 2015” when making commercial legal entities a subject of crime.

When social relationships gradually become complicated, accordingly, the subjects of legal relations must also change accordingly. So up to the present time, the subject of the crime includes 2 subjects: Individuals and commercial legal entities.

For the subject is an individual must be an individual with criminal capacity. At present, the law does not have a concept that indicates the criminal responsibility capacity of an individual, but we can define it as follows: An individual’s criminal liability capacity is his or her perception of danger. danger to society for their actions.

According to Article 5 of the Penal Code 2015, the state of being incapacitated is a person who commits an act that is dangerous to society while suffering from a mental illness or another disease that causes loss of consciousness or ability. ability to control their own behavior, they are not criminally responsible.

In addition, an individual’s capacity for criminal responsibility is also reflected in the age of criminal responsibility according to Article 12 of the 2015 Penal Code.

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For the subject being a commercial legal entity, Commercial legal entities are specified in Articles 74 and 75 of the Civil Code 2015 specifically Commercial legal entities must ensure that the conditions of a legal entity are to be legally established; have a tight organizational structure; have independent assets from other individuals or legal entities, take responsibility for themselves with their own assets, and must participate in legal relations on their own behalf, and must satisfy the condition that they must operate for profit purposes.

Objects of Crime

As analyzed above, criminals must infringe on relationships protected by criminal law, which, according to Clause 1, Article 8 of the Penal Code, those relationships are independent, sovereign, unification and territorial integrity of the Fatherland, infringing upon the political regime, economic regime, culture, national defense, security, social order and safety, the legitimate rights and interests of the organization, infringing upon human rights, legitimate rights and interests of citizens, infringing upon other areas of the socialist legal order.

That is also the object of Crime.

The objective side of the Crime:

The objective side of the crime elements that must be expressed outside of the crime. The objective side of the crime includes: behavior that is dangerous to society, time, place, mode of crime, means and tools to carry out the crime, consequences caused by that act, relationships causality between behavior and consequences. It can be said that the objective side of the crime is the factors that we can see from the criminal’s behavior, which is dangerous to society.

The subjective side of crime:

The subjective side of the crime is the unexplainable elements of the criminal act. It is the factors that appear inside the criminal act such as: psychological attitude, motivation, purpose of the offender.

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For example:

Mr. A (35 years old) in jealousy used his hand to strangle his wife to death even though he knew that his wife was pregnant.

In the above situation, the elements constituting the crime are:

About the subject: Mr. A is the subject (individual) who committed the crime

About the object: The life and right to live of people, namely Mr. A’s wife

The objective aspects of the crime include: Mr. A strangled his wife to death with his hand; Mr. A knows his wife is pregnant, but he still violates his wife’s life.

On the subjectivity of crime:

Psychological attitude: While causing this behavior, Mr. A was in a state of strong agitation.

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Motive: Jealousy (considered a despicable motive)

Purpose: Intentionally, want his wife to die. The purpose of Mr. A, even though he knows that his wife is pregnant, he still intentionally infringes on his wife’s life and health, although the time from the time Mr. A begins to commit the act to the time when Mr. A’s wife dies, it takes a long time. determined time. But Mr. A is still intentional and wants the consequences to happen.

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