True or false statement?

Overview of criminal law

1. Regulatory objects of criminal law are social relationships
protected by criminal law and harmed by a crime.
2. Regulatory objects of criminal law are all social
relationships that occur when a crime was committed.
3. A crime commission is viewed as a legal fact (or
circumstance) that leads to the appearance of the relationship
between the State and the criminal.
4. The criminal and the victim can negotiate with each other
regarding criminal liability of the criminal.
5. Dismissal of a victim is a compulsory ground for terminating
the prosecution of the accused.
6. Under the principle of rules of law the courts are not
permitted to apply penalties which are not prescribed in
criminal code to the convicted.
7. Under the principle of rules of law all coercive measures
applicable to convicted persons must be set for in the
criminal code.
8. Under the principle of humanity, certain convicted persons,
such as: disabled persons or pregnant women should not be
imposed severe penalties such as life imprisonment.
9. Vietnam should cooperate with other States in all requested
criminal cases to fight against crime.
10. Each article of the Crime Part of the Criminal Code 2015
only proscribes one particular type of crime.
11. The only source of criminal law in Vietnam is its criminal
code.
12. In order to decide if a dangerous conduct constitutes a crime
or not, the courts should base on the criminal code and the
law amending it. In cases where the committed conduct is
seriously dangerous to society, but these laws are silent on
them, the courts have the power, at their discretion, to
convict the wrongdoers.
13. Under international law, states have the power to prosecute
the accused who commits a crime in the territories of other
states.
14. Under certain conditions, states have the power to prosecute
the accused of international crimes regardless of their nexus
with a crime.
15. The Criminal Code 2015 is only applicable to crimes
committed within the territory of Vietnam.
16. A crime is viewed being committed within the territory of
Vietnam if it started and ended within the territory of
Vietnam.
17. The Criminal Code 2015 can not be applicable to crimes
committed by foreigners outside the territory of Vietnam.
18. An offense is deemed to be committed within the territory of
Vietnam if its harmful consequence presents in the territory
of Vietnam.
19. The Criminal Code 2015 can be applicable to conducts
committed on board ships or aircrafts registered with
Vietnam regardless wherever these ships or aircrafts locate.
20. Some rules under the Criminal Code 2015 are applicable to
conducts committed before this Code came into force.
21. The provisions of the Criminal Code which abolish a penalty
or provide for a lighter penalty is applicable to crimes
committed before the Code came into force.
22. The provisions of the Criminal Code which proscribe a new
offence have retroactive effect.
23. The “requirement" part of the provision under Article 259(1)
of the Criminal Code 2015 is citatory.
24. The “requirement" part of the provision under Article 168(1)
of the Criminal Code 2015 is descriptive.
25. The “requirement" part of the provision under Article 108(1)
of the Criminal Code 2015 is descriptive.
26. The sanction under Article 174(1) of the Criminal Code
2015 is optional.
27. The sanction under Article 141(1) of the Criminal Code
2015 is discretionary.
28. The explanation on specific rules of the Criminal Code made
by the lecturers at Hochiminh University of Law is viewed
as an official explanation that courts can refer to in their
judgments of criminal cases.
29. The explanation on specific rules of the Criminal Code made
by the Standing Committee of the National Assembly is
viewed as an official explanation that courts can refer to in
their judgments of criminal cases.
Crime and Elements of a Crime
1. Under Vietnamese Criminal Code, conducts are proscribed
as a crime because it is dangerous to society.
2. A conduct of a person, which is committed with a guilty
mind and dangerous to society, but not proscribed in the
Criminal Code, is not a crime.
3. Except for crimes, other law violations are not subject to
criminal liability.
4. The concept of crime is very important in studying criminal
law.
5. The basis for classifying crimes into four groups under
Article 9 of the Penal Code is the sentence applied by the
Court to the offender.
6. The crimes that the offenders are sentenced by the Court to 3
years imprisonment or less are all less serious crimes.
7. Any crime for which the highest level of the penalty bracket
prescribed by the Penal Code is a fine is a less serious crime.
8. Material indications of a crime only include dangerous
conduct and harmful consequences.
9. Mental indications of a crime include guilty mind and
purposes of the criminal.
10. During the trial, courts can consider a dangerous
circumstance which is not prescribed in the Criminal Code
as an element of a crime.
11. Each element of a crime of murder is distinctive for this
crime.
12. When a dangerous conduct is committed, authorized bodies
must base on the elements of a crime provided in the
Criminal Code in order to decide if such a conduct
constitutes a crime.
13. All crimes under the Penal Code are composed of there types
of elements: basic elements, aggravating elements and
mitigating elements.
14. Basic elements are not presented in the composition of
mitigating or aggravating elements of a crime.
15. A crime that in fact has not yet caused dangerous
consequences to society is a criminal offence of non-result
elements.
16. The social relationships harmed by a crime are also the
social relationships regulated by criminal law.
17. Each crime only harms or threatens to harm one social
relationship protected by criminal law.
18. Each crime, at the utmost, harms or threatens to harm the
same social relationships protected by criminal law.
19. If a crime, in fact, has not caused any harm to the object of a
crime, it is not considered harmful to society.
20. An object of a crime is the same as a regulatory object of
criminal law.
21. An object of a crime must always be a specific material
object.
22. Every crime, when it has been committed, is harmful to
social relationships protected by criminal law.
23. The requirement regarding a means used to commit an
illegal racing (Article 266 of the Penal Code) is set forth as a
basic element of this crime.
24. A harmful consequence of causing death to two or more
victims is set forth as a basic element of a crime of murder
(Article 123 of the Penal Code).
25. The crimes of murder and ‘deliberate infliction of bodily
harm upon another person’ are differentiated mainly via their
material elements (Article 123 and 134 of the Penal Code).
26. A human conduct that causes or threatens to cause harm to
social relationships protected by criminal law is considered
an actus reus of crime.
27. A human conduct which is committed without a person’s
awareness cannot be considered an actus reus of a crime.
28. A human conduct which is committed without a person’s
control cannot be considered an actus reus of a crime.
29. An actus reus of a murder may not be committed in a form
of an omission.
30. An actus reus of a kidnaping for ransom must always be
committed in a form of an act.
31. When a person commits a crime continually, it means he or
she commits two or more different crimes.
32. When a person commits a crime continually, it means he or
she commits the same crime many times and each time, his
or her conduct satisfies all basic elements of a crime.
33. Consequence of crime is always specified as a basic element
of a crime.
34. Non-result crimes do not cause harmful consequences to
social relationships protected by criminal law.
35. Non-material harm is not considered as a consequence of a
crime.
36. All crimes against a person are required for the bodily harm
caused to the victim.
37. The cause-and-effect relationship between socially
dangerous behavior and dangerous consequences for society
is specified as a basic element of all crimes.
38. With respect to a crime of ‘deliberate infliction of bodily
harm to another person’, a means used in a crime
commission is set forth as a basic element of this crime
under certain circumstances specified in Article 134 of the
Penal Code.
39. Persons suffering from mental illness who commit acts
dangerous to society specified in the Penal Code are not
subject to penal liability.
40. Persons from full 14 years old to under 16 years old must
bear penal liability for very serious crimes or particularly
serious crimes.
41. A 15-year-old person who commits the acts specified in
Article 128(2) of the Penal Code shall not bear penal
liability.
42. Mens rea is the psychological attitude of the offender
towards the victim.
43. A person's behaviour (reflex) is considered blameless if it
causes harm to society in the absence of free will.
44. Foreseeing (envisaging) the inevitable consequences for
society is the characterstic of an indirect intention.
45. Persons subject to physical coercion shall not be held
criminally responsible for acts causing damage to society
even if the acts are prescribed in the Penal Code.
46. Persons who is mentally forced to commit dangerous
conducts to society shall not be held criminally responsible
for those acts even if the acts are prescribed in the Penal
Code.
47. The age of criminal responsibility is the prerequisite
conditions for a person to be at fault.
48. In all cases of mistakes, the person performing the act is not
criminally responsible.
Inchoate Offences and Complicity
1. The stage of crime commission is one of the factors that
affect the criminal liability of an offender.
2. A non-result crime cannot be committed at the stage of
attempts.
3. A non-result crime is considered completed when the
offender committed all acts described in actus reus of that
crime.
4. A result crime is considered completed when the offender
committed necessary conducts in order to cause harmful
consequences.
5. The time when the crime ends can happen before the crime
is completed.
6. The time when the crime ends can happen after the crime is
completed.
7. The time when the crime is completed is the time when the
offense has actually ended.
8. Voluntarily terminating the crime is not considered a crime.
9. If the offender voluntarily and decisively terminates the
commission of the crime, it is considered that the offender
has voluntarily abandoned committing the crime.
10. Any case where two or more persons intentionally commit
the same crime as accomplices.
11. The acts of each joint offender are the direct cause of the
common consequences of the crime in a complicity.
12. Negotiating prior or agreement on the joint commission of
crimes is a mandatory element of a complicity.
13. Having the same purpose is a mandatory element of a
complicity.
14. For crimes with special subjects, all co-offenders must
satisfy the requirement of special subjects.
15. A perpetrator is only someone who commits an offense by
himself.
16. The determination of the stage of committing a crime in
accomplices must be based on the perpetrator’s conduct.
17. Helping to end the crime at a time after the crime is
completed can be an accomplice.
18. Acts of aiding in accomplices must be committed before the
perpetrator embarks on the commission of a crime.
19. Complicated accomplice is an organized complicity.
20. Other joint offenders must be criminally responsible for all
crimes committed by the perpetrator in fact.
21. Any act of intentionally concealing property acquired by
another person who commits a crime is considered an act of
aiding in accomplices.
Criminal Responsibility, Penalties and Sentencing
1. Penalty is one of the forms of criminal liability.
2. Penal liability ends when the offender has completed the
serving of the penalty.
3. Preventing others from committing crimes is the particular
purpose of punishment.
4. A person who commits a crime may be subject to various
forms of criminal liability.
5. Criminal liability is only applied to the convicted offenders.
6. Those who commit the crime of making counterfeit money as
prescribed in Article 207 of the Penal Code may be subject to
a penalty of banning from practicing certain professions or
doing certain jobs.
7. In all cases of non-custodial reform, the convict's income
must be withheld.
8. The time limit for banning from holding certain posts,
practicing certain professions or doing certain jobs under
Article 41 of the Penal Code shall only be counted from the
date the judgment takes legal effect.
9. Penalties of deprivation of citizens’ rights may be applied to
persons who commit terrorist crimes as prescribed in Article
299 of the Penal Code.
10. Probation is imposed with all types of primary penalties.
11. The measure of “confiscation of objects and money directly
related to the crime” (Article 47 of the Penal Code) can only
be applied to offenders.
12. Judicial measure may be used as an alternative to
punishment.
13. The circumstance "the offender voluntarily repairs,
compensates for damage and redresses the consequences"
specified at Point b, Clause 1, Article 51 of the Penal Code
shall only be applied when the offender himself or herself
 voluntarily corrects, compensates damage or remedial
consequences.
14. In all cases where there are many circumstances
extenuating penal liability, the Court may apply Article 54 of
the Penal Code when deciding penalties.
15. In the case of multiple sentences, the actual time that the
convict must serve the term imprisonment may be over 30
years.
16. Under the criminal law of Vietnam, a non-custodial reform
can be aggregated with fixed term imprisonment.
17. The penalty of 12 years in prison may be decided for an
attempt of murder under Article 123(2) of the Penal Code.
18. The maximum penalty that can be applied to an attempt is
20 years in prison.
19. Sentences imposed upon the juvenile offenders are not
contributed to their recidivism or dangerous recidivism.
20. Recidivism or dangerous recidivism shall not be applied to
offenders under 18 years of age.
21. A fine is applied as the main (primary) penalty for a person
who is full 14 years of age, if that person has income or owns
property.